E1862 V2 The Government of Mongolia Mining Sector Institutional Strengthening Technical Assistance Project Component 3. Contract 78.2. Final report of “Erdenes Mongol LLC/Erdenes Tavan Tolgoi JSC Review of the Tavan Tolgoi Environmental and Social Management System” ModonKhur LLC tECOL Tecol LLC Ulaanbaatar Review of the Tavan Tolgoi Environmental and Social Management System Contents Chapter I.ErdenesTavanTolgoi Project Description 3 1.1 Project objectives 3 1.2 Project background 3 1.3 Project scope 3 1.4 Energy supply 4 1.5 Water supply 4 Chapter II. ErdenesTavanTolgoi Project’s Environment 6 2.1 Project location, environment and climate 6 2.1.1 Climate and wildlife 7 2.1.2 Surface 8 2.1.3 Water 8 2.1.4 Flora and fauna 8 Chapter III. ErdenesTavanTolgoi Project’s Social Impact Assessment Study 10 3.1 Methodology and objectives 10 3.2 Current social and economic condition of the Tsogttestsii soum 13 3.3 Challenges of the Tsogttsetsii soum 22 3.4 Community attitude towards ERDENES TAVAN TOLGOI JSC 25 Chapter IV. ErdenesTavanTolgoi Project’s Environmental Safeguard Activities 34 4.1 National legislation on the environmental management improvement 35 4.2 Due diligence on environmental protection within the international financial institutions’ safeguard policies 36 4.3 Performance audit on Detailed Environmental Impact Assessment recommendation 47 Chapter V. Environmental and Social Management Improvement 68 5.1 Social policy study and recommendations 68 5.2 Environmental Impact Assessment control and recommendation on reducing adverse impacts 71 5.3 Environmental management system and structure 85 5.4 Action plan on environmental and social management system improvement 93 Appendices 106 1 Review of the Tavan Tolgoi Environmental and Social Management System Acronyms WB World Bank ADB Asian Development Bank ERDB Europian Renaissance Development Bank FS Fuel Station MEGD Ministry of Environment and Green Development EMP Environmental Management Plan DEIA Detailed Environmental Impact Assessment EMS Environmental Management System 2 Review of the Tavan Tolgoi Environmental and Social Management System CHAPTER I. ERDENES TAVAN TOLGOI PROJECT DESCRIPTION 1.1 Project Objectives: 1. Implement and reach the objective indicated in the Government Action Plan: “Renew the list of strategically important deposits such as Tavan Tolgoi’s coal deposit, Oyu Tolgoi’s copper and gold, Tumurtei’s iron ore, Tsagaan Suvraga’s copper-molybdenum, Asgat’s silver deposit and intensify the processes to put the large deposits into economic circulation” 2. Intend the Resolution No.39 on some issues for mining of the Tavan Tolgoi Deposit, passed by Parliament of Mongolia in 2010 and to improve governmental and regional economic capacities for development of the Tavan Tolgoi Deposit and ensure its sustainable development. 1.2. Project Background In 1996, “Magma Copper” LLC obtained the exploration licenses on site and conducted some research and studies. In 1998, exploration licenses were transferred to Australian BHP LLC and to Mine Info LLC in 1999. Since 1999, Energy Resources LLC obtained the exploration licenses until mining licenses 11943А, 11953А, 11954А, 19955А, 19956А were transferred to stated owned Erdenes MGL, established by the order No.817 of head of former Mineral and Oil Agency (current Mineral Resource Agency) in 28 May 2008. Moreover, Parliament of Mongolia negotiated and ratified following actions for mining of Tavan Tolgoi Deposit in 7 July 2010. Herein: To establish the Erdenes Tavan Tolgoi JSC (ETT), a Daughter Company of state owned “Erdenes MGL” LLC, to transfer the all mining license for Tavan Tolgoi deposit. To sell 30% of its shares in foreign stock exchange market and commence the mining operation by operating companies. To comply with international proposed standards for constructing and developing industrial facilities, road and infrastructure alongside the Tavan Tolgoi Deposit; to create jobs and value added export products, to prioritize consuming domestic goods, which were produced and manufactured in the country. To conduct negotiations and make contracts on transit transportation, prerequisites, advance payment, port utilization, investment and product sales terms, to select main contractor company (consortium) with the presence of foreign and domestic investors and to present the contract draft and submit the other related documents to the Parliament Fall Session of 2010. 1.3 Project Scope Development of the Tavan Tolgoi Project includes construction of open pit mine with capacity of processing 15 million tonnes per annum, coal handling and preparation plant, 600MW power plant, 400 km railroad connecting Tavan Tolgoi-Tsagaan Suvraga-Zuun Bayan, water pump station with capacity of 40 thousand cubic meter, 70 km water supply pipelines, and housing for 10 000 households. 3 Review of the Tavan Tolgoi Environmental and Social Management System The coal handling and preparation plant, to be constructed under the project, will have capacity to produce, export and supply domestic market with 5.5 million tonnes of coking coal, 3.7 million tonnes of thermal coal, and 1 million tonnes of intermediate products. The power plant, to be constructed at the Tavan Tolgoi Deposit has to supply all the facilities within the site with electricity and heating and is responsible for power transmission, distribution and supply. The plant will be operated with intermediate product from coal processing. The condensation power plant with capacity of 600MW will supply with electricity to mines, coal handling and preparation plant, water supply construction, housing and other facilities developed through Tavan Tolgoi coal mine and Oyu Tolgoi’s copper and gold mine. The final products of the Tavan Tolgoi Deposit will be transported to the world market via railroad connecting Tavan Tolgoi-Tsagaan Suvraga-Zuun Bayan. Furthermore, the products from Tsagaan Suvraga, Ukhaa Khudag, and Baruun Naran deposits can be transported via the railroad, which will give an opportunity to enhance its capacity. 1.4 Energy Supply For initial 2-3 years, project required power will be supplied through diesel generator at mine site or 12 MW power plant at Ukhaa Khudag site and from third year of project, power will be supplied through 600MW coal fired power plant, that would be established within the project as indicated in the Feasibility study. The power plant with capacity of 600MW will use intermediate product and thermal coal from the coal handling and preparation plant and main user will be the mine, coal handling and preparation plant, and other facilities, which would be constructed through Tavan Tolgoi coal mine and Oyu Tolgoi’s copper and gold mine. 1.5 Water Supply In order to mine Tavan Tolgoi deposit, an exploration work for water resource has been intensively performed since 1980s. As a result, the study was conducted with the state centralized budget money by an order from Board of Ministeries, at that time. Water from underground source located in Balgasiin Ulaan Nuur area, 70km to south‐west from the deposit, is likely to be utilized for the Tavan Tolgoi mining operations. The water source of the Balgasiin Ulaan Nuur was classified as А+В+С1, as below, and estimated 40.1 m3/day by the joint resource commission of Mongolia and Soviet Union on 1 July 1988. А=20736,0 м3/day В=11491,0 м3/day С1=7949,0 м3/day The groundwater resource exists in a manner of water strata settled or accumulated in middle and upper quanternary sediments and in particles of 50-70 m thick detritus from sedimentary origin. The joint commission concluded that if the restoration of the groundwater resources was considered as 40.1 thousand m3 per day or 40 percent of the static resources, it could be used 4 Review of the Tavan Tolgoi Environmental and Social Management System for 30 years and restoration condition would not be lost. Thus, the mines, coal handling and preparation plant, power plant, housing water supply will be provided with groundwater resources of Balgasiin Ulaan Nuur through pipelines in accordance with the planning. 5 Review of the Tavan Tolgoi Environmental and Social Management System CHAPTER II. ERDENES TAVAN TOLGOI PROJECT’S ENVIRONMENT 2.1 Project location, environment and climate Tavan Tolgoi Deposit is located in Ulaan Nuur basin, Tsogttsetsii soum of Umnugobi aimag, a Southern part of Mongolia, 16 km to south west from Tsogttsetsii soum center, 90 km to east from Dalanzadgad city, 440 km from Sainshand station, 540 km from Ulaanbaatar, over 200 km from the Mongolia-China border, 150 km from the Oyu Tolgoi Deposit with 220 hectar land. It is connected with unpaved road west to Dalanzadgad and north to Ulaanbaatar. It is divided into Tavan Tolgoi-1, Tavan Tolgoi, Bor tolgoi, Borteeg-1, and Shar teeg, with concerned mining licenses 11943А, 11953А, 11954А, and 11956А in geographical location of L-48-7, 8, 19, 20, with scale of 1:100 000 in the territory of Tsogttsetsii soum. Coordinates according to its mining licenses: 11954А No Longitude Latitude No Longitude Latitude 1 105о16’00” 43о43’00” 9 105о26’40” 43о39’28” 2 105о27’54” 43о43’00” 10 105о23’30” 43о39’28” 3 105о27’54” 43о41’24” 11 105о23’30” 43о38’06” 4 105о26’50” 43о41’24” 12 105о21’00” 43о38’06” 5 105о26’50” 43о39’18” 13 105о21’00” 43о35’35” 6 105о27’54” 43о39’18” 14 105о27’54” 43о35’35” 7 105о27’54” 43о38’45” 15 105о27’54” 43о33’00” 8 105о26’40” 43о38’45” 16 105о16’00” 43о33’00” 11943А 11953А No Longitude Latitude No Longitude Latitude 1 105о27’54” 43о38’45” 1 105о27’54” 43о43’00” 2 105о30’50” 43о38’45” 2 105о32’37” 43о43’00” 3 105о30’50” 43о35’35” 3 105о32’37” 43о42’30” 4 105о27’54” 43о35’35” 4 105о36’22” 43о42’30” 5 105о27’54” 43о35’30.15” 5 105о36’22” 43о43’00” 6 105о28’40” 43о36’30.15” 6 105о45’00” 43о43’00” 7 105о28’40” 43о37’28” 7 105о45’00” 43о39’18” 6 Review of the Tavan Tolgoi Environmental and Social Management System 8 105о28’42” 43о37’28” 8 105о32’30” 43о39’18” 9 105о28’42” 43о37’56” 9 105о32’30” 43о41’24” 10 105о27’54” 43о37’56” 10 105о27’54” 43о41’24” 11955А 11956А No Longitude Latitude No Longitude Latitude 1 105о21’00” 43о38’06” 1 105о27’00” 43о39’18” 2 105о23’30” 43о38’06” 2 105о45’30” 43о39’18” 3 105о23’30” 43о39’28” 3 105о45’30” 43о33’00” 4 105о26’40” 43о39’28” 4 105о27’40” 43о33’00” 5 105о26’40” 43о38’45” 5 105о27’54” 43о35’35” 6 105о27’54” 43о38’45” 6 105о30’00” 43о35’35” 7 105о27’54” 43о35’35” 7 105о30’00” 43о38’45” 8 105о21’00” 43о35’35” 8 105о27’54” 43о38’45” 2.1.1 Climate and wildlife Tavan Tolgoi Deposit has an extreme continental climate; wind is from east west to west. The area has dry summer and chilly winter. Average temperature over the years is 20.2°С in warm seasons, cold weather average temperature is -11.5°С, with rainfall of average of 150mm per annum and summer time rainfall is 121mm. Average humidity in cold weather is 54%, and warm weather 37%. During winter, there does not sustain snow cover and wind is calm during autumn. From February to June, it has dust storm with speed up to 28 m/s. Temperature data is shown in the Table 2.1, and 2.2. Climate indicators Table 2.1 Average Surface average Average wind Total sunshine Month temperature, °С temperature, °С speed, m/s hours I -15.2 -16.2 2.8 227.0 II -11.7 -12.1 3.3 220.1 III -3.2 -1.9 4.3 257.0 IV 6.1 8.4 6.5 259.2 V 13.8 18.0 5.4 314.1 VI 19.4 23.3 4.4 313.9 VII 21.3 24.7 3.9 302.8 VIII 19.2 22.5 3.5 297.4 7 Review of the Tavan Tolgoi Environmental and Social Management System IX 13.3 15.2 3.6 285.4 X 4.8 5.0 3.4 272.2 XI -5.7 -6.6 3.4 229.1 ХII -13.4 -14.6 2,9 267.2 Жил 4.0 5.4 4.0 3195.4 Wind Table 2.2 Direction Frequency, % Speed, m/s I IV VII X I IV VII X North 5.2 9.2 11.4 6.7 4.3 5.3 4.5 4.4 North east 2.2 3.2 4.7 2.9 1.9 3.8 3.4 2.1 East 4.0 4.0 5.3 3.7 2.5 3.7 3,5 2.4 South east б.З 8.0 12.1 7.2 3.4 4.5 4.2 2.9 East 6.4 4.9 9.5 6.8 2.2 4.6 5.1 2.9 East west 8.2 9.6 10.3 13.1 2.1 5.6 5.2 3.7 West 27.0 25.3 15.7 26.6 4.5 6.7 5.5 5.3 South 40.7 35.8 31.0 33.0 5.4 7.4 5.5 5.6 west 2.1.2 Surface Surface is dominated flat steppe with low hills and mountains. It is located 1490-1590 meters above sea level. The highest points are Baga Uul /1731.1 m/ to the southwest, Maiga Ulaan uul /1587.5 m/ to the east north, Negui Undurlug /1652.2 m/ to the straight south, and Tavan Tolgoi Uul /1570 m/ to the southeast of Tavan Tolgoi site. The lowest locations are Ulaan Nuur and other lake areas. Lake banks are sandy, filled with mud. It is classified as a gobi desert landscape due to the geographical zoning and as a hillocky plateau due to E.M.Murzaev landscape typological zoning. 2.1.3 Water Tavan Tolgoi Deposit area does not have permanent flow of water, however temporary saline lakes are formed between mountain valleys and in depressions and water diches in gully during plenty rainfall. Annual rainfall is approximately 150 mm and 70% of this falls from June to September. A surface water resource is located in the distance about 220 km, at Ongi River and its surface water is 6 meters depth. Main drinking water supply for local community is provided with hand and underground wells. Water spurting of the hand wells is different while their quality is bad. Whereas the groundwater quality is comparatively good. 2.1.4 Flora and fauna The Tavan Tolgoi Deposit spreads of tawny and brown soil. For flora, the area is desert landscaping; fertile soil is around 4-6 cm thick and steppe, desert bushy plants such as caragana, salsola, oxytropis and quitch are dominated. In addition, salt marsh and broom grasses are mainly 8 Review of the Tavan Tolgoi Environmental and Social Management System grown in some valleys. As for wildlife and fauna, foxes, wolves, corsac foxes, rabbits, wild mountain sheep, goat, antelope, and wild assess can be commonly found. 9 Review of the Tavan Tolgoi Environmental and Social Management System CHAPTER III. ETT PROJECT’S SOCIAL IMPACT ASSESSMENT STUDY 3.1. Methodology and objectives The aim of the scope of work is to audit the environmental and social management system of Erdenes TavanTolgoi Coal Mine, furthermore to develop the plan to improve it in order to support the equal social development and sustainability of the environment of Mongolia’s mining sector. 1) To study the social administration system and the capacity of ErdenesTavanTolgoi JSC (ETT) for managing the environmental impacts of the East Tsankhi Coal Mine field. 2) To develop the action plan to strengthen the social administration system of ETT. Following methods were used to gather the research data. Questionnaire; Interview; Analyzing the documents; The methods above mentioned were chosen in order to collect the efficient and high quality information. Depending on the feature of its investigation detail and information to get in priority, these methods were used in following ways. Questionnaire: It is the most proper method in the research of social science to assess the public idea, intension and trend. Therefore, through the questionnaire method, we collected the data on the people to identify and assess the social trend of ETT’s East Tsankhi project and furthermore to support our research aim and to identify the action to be taken in the future. Interview: It is the main method for gathering quality information. This method is appropriate to identify the reason, essense and principle of the information that gathered from the questionnairy sheet. Thus, the supporting information was collected to identify the reason and examine the data from the questionnairy sheet. Following communities were participated in the questionnaire and interview. i) Company staff; ii) Local government staff; iii) Public service organizations /hospitals, schools and police/; iv) Herders’ representatives; v) Representatives from the small and medium business and industry entities; vi) Unemployed people; vii) Citizen’s public organizations, specifically the environmental non-governmental organizations; Document analysis: This method is more subjective and it gives realistic information to researchers. The documents were classified and analyzed as follow: i) Plan, related documents, previous studies and assessments reports of East Tsankhi project; ii) Statistic data, information and other activity reports; 10 Review of the Tavan Tolgoi Environmental and Social Management System Research sampling It was planned to investigate the Tsogt-Tsetsii Soum in detail. Because, the main activities of ETT are carried out in Tsogt-Tsetsii and most of the impacts are resided in this area. A total of 226 citizens were included in the survey and appropriate sampling design was pursued. Age classes of survey paticipants Table 3.1 Age classes Percentage Up tp25 18.0 26-35 42.4 36-45 25.4 46-55 14.2 Total 100 Within the survey participants, 31.1% were male, 68.9% were female. According to the education, 37% were bachelor, 10% were graduate, 16% were professionalized, 33% were skilled professionals, 4% were secondary school graduate, 0,5% were primary school graduate and 0,9% were abandoned from school /Figure3.1/. All types of employment levels were included in the survey such as government officials, private entities, public organization, herder, student, retired people and unemployed citizen. Apart from the age classes and educational level, various levels of people were also included in their standard of living. This shows that sampling structure is evenly distributed throughout the study. This can be shown from the survey data of house types, ownership, and number of family members, average annual family income and employment rate of family. 11 Review of the Tavan Tolgoi Environmental and Social Management System Primary school 0% graduate Basic education 0% 4% Bachelor and post Secondary education graduate degree 33% 37% Vocational Higher education education 10% 16% Figure3.1.Educational level of survey participants In total 79.3% of the survey participants live in private dwellings, 5.5% in rental house and 13.4% in the house of others. Furthermore, family members consisted of 18.6% with 1-2, 73.0% with 3-5 and 7,5 % with 6 and above. However, there are the number of the children 53.1% with 1-2 and 16.4% with 3-5 children. Housing types of survey participants Table 3.2. Housing type Percentage Ger 46.6 Ger and house 31.9 Apartment 14.8 Rental apartment 4.9 House 1.4 Other 0.4 Total 100.0 12 Review of the Tavan Tolgoi Environmental and Social Management System 47.7 50.0 44.2 40.0 30.0 20.0 6.1 10.0 2.0 0.0 1 employee 2 employees 3 employees 4 employees Figure3.2: Number of Employed family members in household /by percentage/ over 10.000.000₮ 10.2 5.000.000-… 10.7 3.000.000-… 13.7 1.000.000-… 15.6 500.001-999.999₮ 22.4 0-500.000₮ 27.3 0.0 5.0 10.0 15.0 20.0 25.0 30.0 Figure3.3: Family income of 2013 /approximate/ 3.2 Current social and economic condition of the Tsogttestsii soum The center of Tsogttsetsii soum is 90 km away from Dalanzadgad, and bordered with Tsogt-Ovoo, Manlai, Bayan-Ovoo, Khankhongor and Ulziit soum of Dundgobi aimag. It has territory of 724,600 km2. Tavan Tolgoi coking coalmine with enormous resources is located 16 km from the soum center. The soum has plenty of mineral resources, such as saline, limestone, gypsum and chalcedony. Population As the population rate, Tsogttsetsii soum is the second biggest soum after Dalanzadgad, a capital of the aimag in accordance with the population statistics in last two years of the aimag. 13 Review of the Tavan Tolgoi Environmental and Social Management System Tsogttsetsii had an estimated population of 6108 as of the end of 2013, the numbers of families of 2128. Hence, the soum had the herders’ families of 232 and herder population of 399 out of them. At the beginning of August 2014, 111 new births were registered and net growth of the population was 16, 7 percent. Whereas, there were 12 deaths as of the first eight months, reflecting a decrease twice compared to the same period of previous year. Registered unemployed citizen As of the first eight months of 2014, there were 91 job seekers registered in the soum labor department, of which 41 female, and 50 male. For education, seven of them are graduates, 3 special secondary school graduates, 5 vocational graduates, 61 secondary school graduates, 10 basic education graduates and 5 primary school graduates. Social insurance Tsogttsetsii was ranked at the top in the aimag as its amount of social insurance revenue. As of first eight months of 2014, 6305478.4MNT revenue was collected to the soum social insurance fund, likewise 4629131.4MNT in Dalanzadgad, the capital city of the aimag. Moreover, 340 citizens were involved in the voluntary insurance package in Tsogttsetsii soum. During this time, 624, 5 million MNT distributed to 291 pensioners. . Crime As of first eight months of 2013, 48 crimes were registered in Tsogttsetsii soum. As compared to same period of previous year, it has increased to 63. The most registered crimes were the ones against human freedom and health /27/, theft /13/ and against traffic safety /9/. Price The consumer price index is an inflationary indicator, which measures the change in cost of a fixed basket of products and services when the items of goods and services are stable paid by consumers. At August 2014, the general consumer price index of the soum increased by 15.2 percent compared to the same period of previous year. Of which foods rose by 18.3 percent, alcohol beverages by 28.3 percent, clothing and textiles by 26.6 percent, household goods by 14.1 percent, medicines and health services by 8.0 percent, transport 5.2 percent, cultural stuff by 7.9 percent, education services by 7.6 percent, hotel service by 4.3 percent and other goods and services by 14.1 percent respectively. Livestock husbandary The soum had 65741 head of livestock and 16460 young animals born from 16410 female breeding livestock as of eight months of 2014. For the five types livestock, horse population is 4472, camel 2141, cow 778, sheep 21401 and goat 36949. Industrial production 14 Review of the Tavan Tolgoi Environmental and Social Management System The total amount of 212198 million MNT productions was produced and sales of productions totaled 507908.8 million MNT as of first eight months of 2014. Hence, a majority percentage of sales revenue consists of ETT sales revenue because of exports. State fiscal indicator 12921 million MNT accumulated in local community budget and 480,5 million MNT was spent from the budget as of the first eight months of 2014. In the frame of social impact assessment of ETT, we proposed a group of questions to identify the current social condition of Tsogt Tsetsii soum, Umnugovi Aimag and interview data was collected from soum administration and public service organizations such as hospitals, police and schools. The soum of 2000 people from 10 years ago has now grown up to 6000 people, including the temporary inhabitants and dwellers, it reaches to 15000 people. Once the number of people has reached to more than 20,000 when it was a peak time of coal export 2 years ago. There are 3 big coal mines of “Energy Resource” LLC, “Erdenes Tavan Tolgoi” JSC and local shareholder “Tavan Tolgoi” LLC are operating in the soum territory. “Due to the coal export cut, temporary resident number has decreased” said the government officials and residents. Government leaders and residents have specifically notified that living a condition in the Tsogt Tsetsii soum has relatively improved due to the mine and coal export. Not only the increase in the population but also the socio-economic condition of native residents, immigrants, herders have been directly impacted by this and as well as the environment and government public service. During the questionnaire, we proposed several questions on how people react on the activities of a) – public service, b) – Infrastructure of Tsogt Tsetsii. Public service Current situation of public services was assessed by: • Government service • Educational service • Health service groups. Government service Quantitative and qualitative results of the survey data has shown that people’s attitude towards the government service is not satisfied. The result of the answers of question “How are you satisfied to the government service in your soum?” is shown as 21.0% satisfied, 32.7% moderately satisfied and 46.3% not satisfied. 15 Review of the Tavan Tolgoi Environmental and Social Management System 46.3 50.0 40.0 32.7 30.0 21.0 20.0 10.0 0.0 Not satisfied Moderate Satisfied Figure 3.4: Satisfaction rate of Tsogt Tsetsii soum residents towards government service /percentage/ Having majority of the people not satisfied on the government service was explained by the government officials as the impact of population increase due to the intensive operations of coal mining. It has been notified by the representatives of the public services of hospital, school and police through the interview that the settlement followed by the coal mine has the impact on the sufficiency, quality and express of the government service. For instance, in 2013 there was an extension facility established for the police department and increased the number of staff. However, there was still difficulties in keeping the imperturbability of residents, reducing the number of crimes, traffic management and insufficiency in the finance, materials, techniques and workforce. ... As the development of construction and industry along with the natural resource use and mining activity, there is an enormous availability in the market arising. There is a constant rise in the transportation, restaurants, hotels and maintenance shops etc. Our soum has changed into a metropolitan as a result of the people coming from all parts of the country into this big market environment. You can see that no other soum centers can be compared with ours. It is only the private market entities are developing this region, not the government policy. But, I think the government activity is way too far from the speed of this rapid growing market. Before the coal mine activity, our population was 2147. Since 2006, when land license started, there was a constant increase in the population when Energy Resource has started operating from 2008. But government service is left behind as this increase of population. For instance, dust management, infrastructure, road network, kindergarten, school, health service and police etc. But we have been paying an attention on it since 2012, 2013 and started building hospitals… Interview with Kh.Gerelmaa Deputy Governor of TsogtTsetsii soum 16 Review of the Tavan Tolgoi Environmental and Social Management System Figure 3.5: Interview with Kh.Gerelmaa Deputy Governor of TsogtTsetsii soum Similar to the police department, there are still demand of workforce, facilities and finance for the schools, kindergartens and hospitals. The common problem facing the government ... Our police department supposed to have 27 staffs to work, but recently there are 14 staffs working. We have job availability but there is a lack of workforce and facing difficulties in covering all the people in soum. Traffic police is operated with 8 staffs. This is not enough. We work weekends. We are the police that do not get charged over the weekends. There is a government normative which does not actually happen in practice. According to that normative, 1 officer should cover 350 vehicles. But today there are 3700 heavy vehicles and 2400 light vehicles registered. Additionally, there are numerous vehicles from Ulaanbaatar and other provinces those not registered in the soum, constantly doing transport of coal and other trade. Even the coal export has stopped; we still cannot control them. It is very hard to imagine that how we maintain if 3 mines start operating. The accident rate is very high related to coal transport. Even there is a paved road, not all the vehicles are driven on it. There are also problems on increased road tax because of the carrying capacity of vehicle. Another problem is that the alcohol selling and prostitution along the coal transport route. There was only one case recorded on drug dealing. There is no possibility of constant monitoring and workforce, fuel support is way too insufficient. We have a fuel budget of 1 million MNT per month which is not sufficient. Lots of calls come from the mines and we face to getting fuel support from the mines. Interview with police officer, capitan Batjargal service organization is that they provide services for both the registered residents and the temporary residents. So, there appears to be the insufficient budget and workforce residents and the temporary residents. Educational service Following assessment has been made according to the survey participants’ poll of educational service of soum (Figure 3.6). There exist 2 public secondary schools operating in the soum and participants answered the question and assessed the school services. Three categories of assessment were made as satisfied, moderate and not satisfied. The results of all three categories 17 Review of the Tavan Tolgoi Environmental and Social Management System were somewhat similar to each other. But we should notice that there was a slight increase in the “satisfied” category. 38.4 40.0 30.8 30.8 30.0 20.0 10.0 0.0 Not satisfied Moderate Satisfied Figure 3.6: Satisfaction rate of Tsogt Tsetsii soum residents towards educational service /percentage/ In Tsogt Tsetsii, 1 state and 1 private school are currently operating. Energy Resource LLC has a close community relationship with soum government to support the facility in the educational sector. Energy Resource constructed a school of 640 children with a dormitory of 100 children and a kindergarten of 140 children for the soum government. This provided a positive score in our assessment. Newly established school provided by the Energy Resource LLC is a private school and majority of the children are the kids of the Energy Resource LLC staffs. But the state school is operating with the number of children 2 times the capacity of the school should normally hold and principal mentioned that it is really necessary to establish more school. Kindergarten is an important educational organization of pre-school period of children and it also facing the major problem in the soum. There are 2 state and 1 private kindergartens with 600 children operating in the soum. ... In the fall, we create a huge crowd like Ulaanbaatar to accommodate our kids to kindergarten. We have 2 state and 1 private kindergartens where a total of 600 children go to. We facilitated one more chamber in the kindergarten to place 100 more kids before. So, there was a high budget amount, and then it ended up closing the additional facility because of the audit from the Ministry of Education has noted that not obeying the standard per child. Not being able to facilitate 100 children had created big complain at that moment Interview with Kh.Gerelmaa Deputy Governor of TsogtTsetsii soum Soum government mentioned that it has been decided to establish a kindergarten with 200 children by government budget. However, it is still uncertain that how the money will be invested and its decision keeps being delayed. Health service 18 Review of the Tavan Tolgoi Environmental and Social Management System Consultants conducted very detailed assessment within the survey participants. During the survey, health service was assessed through 3 indicators; institutional capacity, health service sufficiency and quality /Figure 3.7/. During the survey we observed that residents were very crucial towards health service. This situation can be seen very certain from Figure 3.7. There 48.4% was not satisfied in the capacity, 62.2% was not satisfied in sufficiency and 53.4% was not satisfied in quality respectively. The factors influencing the people’s satisfaction towards health services are: 1. Insufficient number of beds and they have only 8, 2. Facility is too old, not enough space, 3. Not enough budgets. 70.0 62.2 53.4 60.0 48.4 50.0 35.5 40.0 32 28.2 30.0 16.1 14.6 20.0 9,7 10.0 0.0 Capacity Sufficiency Quality Not saisfied Modernate Satisfied Figure 3.7: Satisfaction rate of Tsogt Tsetsii soum residents towards health service /percentage/ Due to the mining activity, transportation, temporary and traveling inhabitants’ liveliness, number of traffic accidents, injuries and illness take place. This requires increased amount of budgets for medicines. Additionally, there is an insufficiency in the budgets of fuel for medical call in the countryside. In order to improve the situation of health service, soum government authorities submitted number of request letters to relevant ministries and government. As a result, a decision has been made and new 50 bed hospital is under construction and expected to be completed in 2015. Hospital staffs have said that the situation will be much improved after the new hospital is built. Staffs have assessed themselves that the institutional capacity is satisfactory. Population increase from the rapid increase of settlement activity followed by the mining companies operating in the soum territory has given much pressure on the state public services and local government is not able to fully support all the requirements from the public. Specifically, we conclude that education, health and legal enforcement services are in difficult situation of carrying out their services. 19 Review of the Tavan Tolgoi Environmental and Social Management System Infrastructure service Some services of infrastructure have improved due to the development of mining operations. However, our study result revealed that more things shall be improved and needs to be pay attention in the future. Most improved infrastructure sectors are electricity and communication (cell phone). The residents are happy with that soum electricity has connected to central power plant and all the cell phone operators are available in the area. But they are not fully satisfied with water supply, roads and waste management. Water supply It has been the major issues for soums and provinces of Mongolia’s Gobi region for its water supply, hygiene and quality. Water supply and facility for nomadic herders are not sufficient, lack hygiene condition and there are a lot of problems concerning on the disease and the life expectancy is being influenced by the quality of water. This is also the major issue for Tsogt- Tsetsii soum and local residents’ point of view has become more concerned on it due to the intensive mining development. Satisfied 27.4 Modera te 30,6 Not satisfied 42.0 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 Figure 3.8: Satisfaction rate of Tsogt Tsetsii soum residents towards water supply /percentage/ Water supply for mining has become the most concerning topic for the local residents. 42% of the survey participants have answered that they are not satisfied in the soum water supply. In recent years, the number of investments has been made to establish new wells for herder from both the government and NGO’s. However, soum residents and herders complained that the tender companies have constructed the wells which are insubstantial, break down easily and they are not deep enough to get quality satisfied water. Furthermore, the more concerning issue comes from the coal mining operations that large amount of groundwater is being used for coal washing and concentration. Soum residents lack the knowledge and information about how much water is being used for mine, how they use, whether they reuse the water and apply the modern technology to use it sustainably for mine operations. Waste management 20 Review of the Tavan Tolgoi Environmental and Social Management System It can be stated that there is a poor knowledge of waste management amongs the soum residents. Residents mentioned that there is no understanding more than how do we get rid of the waste generated by the soum household and mine operations. But, within the frame of their limited knowledge of waste management, residents gave us the score of bad waste management. Almost the half of the participants (49.6%) answered that they are not satisfied in the soum waste management. People also mentioned that they are really concerning on the coal mines leave behind their entire open pit and waste dump after they finish exploitation. 49.6 50.0 40.0 32.7 30.0 17.7 20.0 10.0 0.0 Not satisfied Moderate Satisfied Figure3.9: Satisfaction rate of Tsogt Tsetsii soum residents towards water supply /percentage/ Road and other infrastructure Residents are happy with the construction of new Ulaanbaatar-Dalanzadgad highway. However, they are still requesting to construct paved road between Dalanzadgad and Tsogt- Tsetsii where there is a 90 km of enhanced dirt road. They were also appreciated with the paved road in the town area which was constructed by Energy Resources LLC. Likewise what Energy Resources has done, people also mentioned that Erdenes TT also does need to participate in new constructions in soum and road pavement between the mine and soum center as well. It has been observed that people were agitated by the ETT activities because the mine is situated at the West side of soum, from where the dust is generated by the many branches of roads which leads into soil erosion. A dirt road for coal transportation is the most concerning issue for herders. Energy Resource has constructed 200 km new paved road until the Mongolian border, however, very few trucks use it and many other trucks are still driving the dirst roads nearby which creates dust generation impacting the surrounding environment. Main reason is that road tax is very high for heavy trucks and many vehicles are not allowed to use the road because of overweight problem. 54% of the survey participants were not satisfied 26.3% were moderate and 19.6% were satisfied on the infrastructure condition of Tsogt-Tsetsii /Figure 3.10/ 21 Review of the Tavan Tolgoi Environmental and Social Management System 54.0 60.0 50.0 40.0 26.3 19,7 30.0 20.0 10.0 0.0 Not satisfied Moderate Satisfied Figure3.10: Satisfaction rate of Tsogt Tsetsii soum residents towards water supply /by percentage/ Despite of road construction, residents have a request of making a sound decision on infrastructure development. They specifically mentioned the power plant of Erdenes Tavan Tolgoi coal mine. Many people had raised an idea of constructing the thermal plant for the future of Tsogt-Tsetsii under the advance of coal deposits. This way, we will come up to the solution on arranging the town water supply which will be the fundamental for apartment construction for comfortable livelihood of soum residents. Residents are appreciated towards the construction of apartment buildings by Energy Resource. These apartment buildings manage their water supply and sewage by operating a boiler house. 3.3 Challenges of the Tsogttsetsii soum Survey participants of Tsogt-Tsetsii soum were also questioned for the most urgent problems that need to be solved in recent situation. We ranked the key problems facing to them and shown as ascending order in Table 3.3. Key issues of Tsogt-Tsetsii soum Table 3.3 Indicators Quantity Percentage Rank 1. Environmental issue 113 52.6 I 2. Economic crisis 103 47.9 II 3. Unemployment 74 34.4 III 4. Health 58 27.0 IV 5. Administrative capacity 46 21.4 V 6. Crime 43 20.0 VI 22 Review of the Tavan Tolgoi Environmental and Social Management System 7. Water deficiency 41 19.1 VII 8. Poverty 35 16.3 VIII 9. Corruption 33 15.3 IX 10. Discrimination 17 7.9 X 11. Natural disaster (drought, zud) 14 6.5 XI 12. Other 12 5.6 XII According to the ranking order above, it can be stated that main problems for Tsogt-Tsetsii residents come from the mining activities. Every herder family members we met along the coal transportation corridor have mentioned that major environmental adverse impacts were affected by the coal transport roads, not the mine itself. Main environmental impact from the coal transport is dust. Heavy weight loaded vehicles traveling on the dirt road lead to a soil erosion of relatively vulnerable desert soil and really fine particles of dust is generated from the soil. Herders criticize on this as ecological catastrophic event is nearing the surrounding environment in the future. Ranked as 2 and 3 in table 3.3, economic crisis and poverty are also the consequences of mining activity. 2-3 years from now when it was a peak period in coal export, the situation was different. Enormous process of people moving in lead into intensive marketing, trade and private public businesses such as restaurants, hotel, maintenance shop, transportation and taxi services. As a result of this, extensive economic development grew up, increased money flow and nearly everyone running private business has turned people’s livelihood plentiful. But in the last 1.5 years, a dramatic reduction of coal export has lead into reduced public business services and regional economic crisis which caused increased unemployment rate. Many truck drivers left unemployed and trucks remain non-operational in their yard. Sale process of grocery markets slowed down and number of customers for restaurants and hotels had rapidly decreased. These private businesses are run by the people who moved in from neighboring provinces, soums and Ulaanbaatar. Majority of the soum residents are herders and rest of them work for the local government administration. ... Herders living along the coal transport route wear dust protection mask on their faces, hair is covered by dust and skin of their livestock turned into smutty black. This is very sorrowful and eye trashing when we see it. Real pastureland livestock skin supposed to be white but… When we slotter them and see the inner organ, the lungs are deceased, cleaved into the ribs and size of the kidneys are shrunk. Not only the environment, is it also harmful to livestock. Herders escaping from this situation have to move to the neighboring bag territory. Then it becomes the pasture carrying capacity problem. Dust generated from the coal transport line raising harm not only to the surroundings but also to the wild fauna and flora. Wild animals are being moved away from their habitat and facing problems crossing the road to migrate. Interview with Kh.Gerelmaa Deputy Governor of TsogtTsetsii soum 23 Review of the Tavan Tolgoi Environmental and Social Management System ... We may say that the benefits of market availability from the mining activity are mainly claimed by the people moved into our soum from neighboring provinces and soums. It is not us that gaining the benefit. All the private businesses such as shops, restaurants, hotels and maintenance shops are run by outsiders. Just like, we parents can not really see our children growing up so quickly, we also can not see the possibility of this in reality. On the other side, people who have a reasonable aount of money move into the Tsogt-Tsetsii and buy the land, yard or house in cheaper price and start building hotels, shops and restaurants. Only after a while, the price of the land increases and new owners become successful in their business. You can see that luxury restaurants like Modern Nomads and Broadway are operating in the soum center. Interview with Munkhbat, resident of Tsogt-Tsetsii Figure3.11: Residents of Tsogt-Tsetsii have done Questionnaire 24 Review of the Tavan Tolgoi Environmental and Social Management System When consultants have analyzed the information from the soum residents on the first 3 major problems in the ranking order, it is somewhat related to the mining activity. Besides these, it is a bit odd to relate the other problems identified by soum residents such as health, government institutional capacity, crime, water deficiency, corruption, discrimination and natural disaster into the mining activity. It is certain that other local factors can affect the social and economic situation. In the frame of study, the aim of identifying the current socio-economic condition, general situation of soum center and major problems facing Tsogt-Tsetsii was to support ETT in strengthening their community relations management and implementing the social responsibility through communicating the local residents for their future activity of intention to expand the activity in the soum territiory. 3.4 Community attitude towards ERDENES TAVAN TOLGOI JSC Knowledge of ETT and information source Soum residents have not enough knowledge apart from, there are 3 coal mines operating in the soum territory. Majority of the people have only the information that local shareholded TavanTolgoi LLC (they were not sure that it is still a local shareholder company) operating in the last 50 years, Energy Resource LLC, a private company running a coal mine since 2007 and ErdenesTavanTolgoi LLC, a state property company are operating in the soum territory and exporting coal but, they are different from each other in their investment ownership. 10 of the survey participants have a good knowledge about ETT which covers only 4.6% of them, 47.5% were only heard of ETT and 47.9% had no idea at all. Tsogt-Tsetsii soum residents’ knowledge of Erdenes Tavan Tolgoi LLC Table 3.4 Quantity Percentage Good information 10 4.6 Little information 103 47.5 No information 104 47.9 Total 217 100.0 During the survey data collection, we observed that people had some information about Energy Resources but very poor information on ETT. There can be 2 main reasons that people do not know much about ETT. First, ETT has recently established, started operating quite lately and activity has not become versatile yet. Second, ETT has not enough community relation with 25 Review of the Tavan Tolgoi Environmental and Social Management System the local communities as well as the lack of information to the locals about the company activity. Therefore, it is recommended to carry out the management to improve the community relations management through introducing company activity, policy, strategic aim, responsibility in the local development, environmental protection activity and rehabilitation practices to the local communities who expect necessary information and constantly organizing advertisement activities to raise the company fame. In overall, 40.8% of the survey participants have got the information about ETT from the words of mouth by others, 29.9% got news from television and 11.9% from our recent survey. /Figure 3.12/. Having majority of the people receive the information from rumors is not realistic and situation is risky. There is no warrant in the rumor and it is certain for everybody that it does not always correspond in a real life. Therefore, ETT should provide an official information sources to local communities. Other 6.5 From this survey 14.7 Rumors 40.8 Radio 0.5 Internet 5.4 Newspaper 2.2 TV 29.9 0 10 20 30 40 50 Figure3.12: Information source of residents about ETT /percentage/ Positive and negative approach towards ETT activity Even though, there is a lack of information about ETT amongst people and coal transport is experiencing bad consequences to local communities, survey result showed that people’s attitude towards coal export is not that contradicting. 82.1% of the survey participants expressed their opinion that they are happy with ETT coal mine operation at East Tsankhi region. Survey participants explained that mine development will help the local development through increasing the employment rate, beneficial to the regional economy and development, as well as country’s development /Figure 3.13/. But 17.9% did not support the idea of coal mining at the East Tsankhi region and reasons are shown in Figure 3.14. According to the figure, it can be seen that there are several aspects which are pulling into attention and worthy to think over. The major issues that we mentioned in the previous chapter are also restated in the figure. 26 Review of the Tavan Tolgoi Environmental and Social Management System 55.4 60 50 41.2 36.7 40 28.8 30 20 10.2 6.8 10 2.8 0 Figure 3.13: Reasons for positive attitude towards East Tsankhi coal mine /percentage/ 17 18 16 13 14 12 9 9 10 8 7 8 5 6 3 4 2 0 Figure 3.14: Reasons for positive attitude towards East Tsankhi coal mine /number of people/ Therefore, ETT should strengthen their community relations management through advertising the company policy and activity in a proper way and organizing meetings to deliver information for both the people who are happy with mine operation and the people who do not. We conclude that successful and efficient advertisement of company policy and activity is crucial for local communities’ support for mine development. Even, there is a lack of 27 Review of the Tavan Tolgoi Environmental and Social Management System information on ETT along the locals, 82.1% of people are happy with mining activity. This describes the great expect from local community and as well as the company responsibility. Population’s concern on mine exploitation and coal transport With no regard to the people’s agreement and disagreement of mining activity in the soum territory, we proposed one question on the key issue that people aware of in general. We classified it into 2 categories; those are environment and social condition. Survey result revealed that the environment was the most concerning issue. Of the 6 issues concerning the environment, most of the people (above 50%) had concerns of environmental problems except coal mining /Table 3.5/. Regarding with social aspects, 46.9% of the people concerned on health issue which was the highest indicator, 36.9% concerned on the future increase in the traffic movements related to the East Tsankhi coal mining and 36.7% concerned on the crime. Even, people concerned the social aspect in a certain way; it was the relatively lower concern than the environmental concern. But this is not the case that we should not pay attention and 25.0-35.0% of people concerning the social aspect is not a minor issue. /Table 3.5/ Survey participants filled the questionnaire form with negative and positive chances from the intensive coal mining of East Tsankhi region and majority of them or above 60% agreed in the possibilities /Table 3.6/. Tsogt-Tsetsii soum people’s concern on East Tsankhi mine exploitation and coal transport Table 3.5 No concern Moderate Concern А. Environment Impact of groundwater 7.0% 23.7% 69.3% Air pollution 5.4% 20.4% 74.2% Natural resource use /coal/ 14.6% 41.7% 43.7% Soil erosion, drought 4.5% 21.8% 73.7% Vegetation 5.8% 31.2% 63.0% Waste management 8.9% 37.4% 53.7% B. Social Health service 13.3% 56.0% 30.7% Citizen’s health 8.2% 44.9% 46.9% Crime 10.9% 52.4% 36.7% Livelihood 16.7% 52.8% 30.5% Social and cultural conflict 21.5% 52.9% 25.6% Traffic increase 18.4% 44.7% 36.9% Immigration 22.0% 52.8% 25.2% Institutional capacity /ETT/ 28.8% 44.7% 26.5% Politics 27.5% 45.8% 26.7% Education 26.7% 47.4% 25.9% 28 Review of the Tavan Tolgoi Environmental and Social Management System Agreement with positive and negative thoughts Table 3.6 Positive thoughts Yes No Not sure Beneficial to country’s economic development 63.7% 7.1% 29.2% Important to regional development in Gobi 67.1% 7.6% 25.3% Dramatic impact to Tsogt-Tsetsii regional 66.9% 9.9% 23.2% development Increased employment and income 75.7% 9.6% 14.7% Growing condition of private business, public services 75.5% 10.4% 14.1% and trade Negative thoughts Adverse impacts to the wildlife and ecosystems of 72.8% 12.4% 14.8% Gobi region Adverse impacts to herders’ livelihood surrounding 73.4% 13.9% 12.7% the mines Harmful to the residents health 74.2% 12.3% 13.5% Depending on the new people moving in to the region, 63.5% 9.6% 26.9% other public counter activities such as crime will arise Comparison of coal mines activities in Tsogt-Tsetsii soum Recently, there are 3 coal mining companies operating in TavanTolgoi coal deposit regions in Tsogt-Tsetsii soum and transporting coal into China for export. Questionaire form included the main activities of those mines were compared and assessed by survey participants. Social responsibility of the company Energy Resources LLC was scored at best in terms of social responsibility. During the interview using quality research method, people appreciated that Energy Resource has a good community relations management implementation and their action can be seen by eyes, for example, constructing facilities. ... "Shine Bayanburd" is a comprehensive program. Farming is a support program to support small and medium businesses. For last year 90 million or "Shine Bayanburd" project is planned for work completed. This year more than 100 million budgeted. If this one works towards corporate social responsibility within the community. In addition, road lighting, school maintenance, such as inter- hospital ambulance. Teams in order to support a team of small tractors, to build green communities have been planted with trees. Interview with I.Enkhbayar, the camp manager TsogtTsetsii soum 29 Review of the Tavan Tolgoi Environmental and Social Management System Figure 3.15: Interview with I.Enkhbayar, the camp manager TsogtTsetsii soum 42.9 45 40 35.8 33 35 31.4 27 27.9 30 26.1 23 25 20 17 13.7 14.2 15 8 10 5 0 Good Moderate Bad Not sure Local TT Erdenes TT Energy Resource Figure3.16: Assessment of companies in terms of their contribution to regional development. /percentage/ Contribution to the regional development, investment and benefit: 30 Review of the Tavan Tolgoi Environmental and Social Management System Energy Resources LLC was also scored at best in terms of this essessment. But some of the survey participants emphasized that all three companies are various in their activity and the duration of operation. For instance, compared to other 2 companies, Erdenes Tavan Tolgoi LLC has recently started their operation and it should be taken into account that ETT has not had possible time for investment into local community. Researcher: On behalf of you are the local government official, how do you make an assessment in 3 companies community relations management? I think Erdenes Tavan Tolgoi is not good at this. Generally, it is quite poor. We agreed a memorandum of collaboration and we the government agency are doing best we can. It is quite difficult for us to obey the camp rules of ETT. It might be sound idea if the workers camp is based at soum centre and they go to work by scheduled bus. Camp management gives not much economic benefit to the soum. They do not even buy single bread from us. But shall not say that they do not do anything. These 3 companies help us with the things like winter preparation and workforce according to their availability. ETT is helping us with paying students tuition and tons of coal and winter feed for livestock. But they still need to pay attention on the social responsibility. It would be very beneficial to us if they facilitate their workers’ kindergarten and school etc. This would give us a lot benefit. There will be private companies won’t remain behind as the state company leads. Interview with Kh.Gerelmaa Deputy Governor of TsogtTsetsii soum 48.7 50 39.4 40 35.8 35.8 32.3 30 22.6 22.1 19.5 20 14.6 12.4 10.2 6.6 10 0 Good Moderate Bad Not sure Local TT Erdenes TT Energy Resource Figure3.17: Assessment of companies in terms of their contribution to regional development. /percentage/ Employment of local residents Erdenes Tavan Tolgoi has 66 employees from Tsogt-Tsetsii and 59 employees from other soums in Umnugobi province. Out of 439 workers at ETT, 28.4% were from Umnugovi province whereas 15% of the workers are from Tsogt-Tsetsii. 31 Review of the Tavan Tolgoi Environmental and Social Management System ... Former director of our department, now he is an administration director, used to hire as many local employees as possible. Recently there is not much going on for hiring locals. Since we made a contract with catering company in UB since August, 2013, all service workers such as cleaners, drivers and kitchen staffs left unemployed. But we are still hiring locals for available jobs. ... We try to hire as many locals as possible if there is a chance. Another system is that job application materials of locals have to be sent to UB office and decision is made there. Since, approval process takes place at main office; we do not have much authority to hire as we want. Interview with Odontsatsral Camp HR officer of Erdenes TT in Tsogt-Tsetsiisoum 39,9 40 36.7 33.2 35 30.5 29.2 30 26.1 24,4 22.1 25 17.7 16.4 20 15 11.9 11.9 10 5 0 Good Moderate Bad Not sure Local TT Erdenes TT Energy Resource Figure 3.18: Assessment of 3 companies in terms of their employment of locals/by percentage/ Mine rehabilitation According to Erdenes TT, mine operation has recently started, therefore, rehabilitation issue can discussed in the Chapter 5. 37.2 40 34.5 32.3 29.2 29.2 27 27 30 24.8 22.1 21.7 20 8.8 10 6.2 0 Good Moderate Bad Not sure Local TT Erdenes TT Energy Resource Figure 3.19: Assessment of 3 companies in terms of their mine rehabilitation 32 Review of the Tavan Tolgoi Environmental and Social Management System Condition of contribution to the regional public matters (education, health) Local residents have complained that Erdenes TT has not paid any attention on regional public issues such as education and health. Many residents have stated that several accomplishments were made by Energy Resources by constructing new schools, kindergartens and apartment blocks which were the good contribution to the regional public development and other companies shall take this into account. 40 37.2 37.2 37.2 35.8 35 31.4 30 25.7 24.8 25 18.6 20 15.5 12.8 12.4 15 11.5 10 5 0 Good Moderate Bad Not sure Local TT Erdenes TT Energy Resource Figure 3.20: Assessment of 3 companies in terms of their contribution to the regional public matters 33 Review of the Tavan Tolgoi Environmental and Social Management System CHAPTER IV. ERDENES TAVAN TOLGOI PROJECT’S ENVIRONMENTAL SAFEGUARD ACTIVITIES It is necessary to define the activities of the ErdenesTavanTolgoi (ETT) project that can interact with the environment in order to plan relevant tasks to reduce potential adverse impacts during the mining. The main environmental aspects cover air quality, water resources and its quality, soil, subsoil, plants, animals and wastes. Detailed Environmental Impact Assessment (DEIA) determines manners, scale, duration, source, and dispersion, scopes of adverse impacts and name, types, scale, scopes of items to be likely affected by the proposed projects implementation. Improvement targets of ETT East Tsankhi coalmine’s environmental management aredivided into three phases and the following seven main targets were identified and fulfilled. Phase I: 1. Compile the national legislation acts on environmental management improvementof the company. 2. Evaluate implementation of environmental safeguard requirements, particularly the requirements under the policies of World Bank’s activities within the international financial institution’s safeguard policies; Phase II: 3. Conduct a performance audit on the recommendations written in the DEIA report, and through the audit to determine the implementation of the company's environmental safeguard policy. Moreover, visit in the mine site and checkout the reality. 4. To accomplish a control on EIA report and reveal issues not covered in the report; and develop additional recommendations to mitigate exposed adverse impacts 5. Analyze the company's environmental management system and structure and make related recommendations for improvement. Phase III: 6. Develop an action plan for Environmental Management System (EMS) improvement of the company, divide it into three-time period, and place the immediate activities into the short-term plan. 7. Outline the timed planning to implement the action plan In order to achieve the above targets, we worked in Ulaanbaatar office of the company, visited the mine site from 27th of November until 30th of November 2014, and familiarized the real situation. General conclusion: There are some considerable nonconformance related to mine site arrangement and organizational structure and management of the department in charge of environmental issues, and its assignments, specialization and legal knowledge, improper corporate governance in the EMS.Thus, it is useful to learn an international well-known practices and EMS of OyuTolgoi LLC (OT), which is the closest. Otherwise, the above non conformance will exist in the future. Decisive approach: 34 Review of the Tavan Tolgoi Environmental and Social Management System The issues will be evenly solved and the activities will be improved when enabling to set the structure and components of the department in charge of environmental issues, assignments and EMS within the corporate governance, which are the most significant ones of the below mentioned issues and enhancing the understanding of management team of the company on environmental aspects. 4.1 National legislation on the environmental management improvement The chapter discusses the seven subsections included in the concept of Environmental Management Improvement and its applicable national legislation. The collection includes: as overlapped number, legislation applicable to environmental and structural management – 103, water environment management – 96, to air quality, gas emission and climate management – 75, to soil environment and land management – 95, biodiversity management – 111, to rehabilitation and mine closure management – 37 and to waste management – 36. Besides the requirements set by the international investors, the international agreements and conventions acceded by Mongolia, national legislation, program, resolutions by the parliament and government, orders of relevant sector ministers, agencies, department heads, citizens representatives meetings, standards etc should be applicable to environmental management of ETT East Tsankhi Mine. Therefore, it is prudent to take account of essential environmental composition and factors affecting it: 1. Environmental management, structural system 2. Water environment management 3. Air quality, gas emission and climate management 4. Soil environment and land management 5. Biodiversity management 6. Rehabilitation and mine closure management 7. Waste management The national legislation applicable to above directions are valid as of July 1, 2014 and any amendments, renewals are included in it. It is necessary to use the following legislation in improving environmental and structural management and they are used at the level of environmental department head. It is necessary to obey the Appendices ii-vii legislations on environmental and structural management and they should be applied at the level of environmental department head. The following state and professional institutions related to the above law and legislations will mainly involve in mine operation. Herein: ∼ The Ministry of Environment and Green Development ∼ The Ministry of Mining and Energy o Agency of Specialized Inspection o National Agency of Meteorology Hydrology and Environmental Monitoring o Mineral Resource Authority Other professional institutions 35 Review of the Tavan Tolgoi Environmental and Social Management System 4.2 Due diligence on environmental protection within the international financial institutions’ safeguard policies In order to ensure the environmental effective management of ETT East Tsankhi coalmine, the environmental requirements of either World Bank (WB) or Asian Development Bank (ADB), and Europian Renaissance Development Bank (ERDB), which are suitable to our country, were reviewed. The policy guidance documentations are designated to ensure effectiveness of mining operation were described for each of these three banks. In accordance with the WB Operational Plans (OP4.1-OP4.12), establishment of the planning and capacity improvement measures are specified within the frameworks of policy, legislation, coordination and management. The international banking institutions designed the safeguards policies to promote sustainability of project outcomes by protecting the environment and affected people from potential adverse impacts, where possible. Morevoer, the policies are developed to minimize, mitigate, and/or compensate for adverse impacts on the environment and affected people when avoidance is not possible; and help the project implementers to strengthen their safeguard systems and develop the capacity to manage environmental and social risk. Proposed projects are screened according to type, location, scale, and sensitivity and the magnitude of their potential environmental impacts, including direct, indirect, induced, and cumulative impacts. Projects are classified into the four categories. Generally, the classification principles are similar, but there are some slight differences as seen the classificiations of WB and Asian Development Bank (ADB): World Bank: There are 10 environmental and social security policy documents prepared and approved by World Bank. ∼ Operational policy (OPs): This is the policy documentation that designed to ensure the Bank policy and makes it more specific based on bank agreement, general term, and policy approved by General executive officers. ∼ Bank procuders (BPs): This is the documentation to provide banking employees guidelines, which contain general statutory obligations to comply with OPs. The proposed project is classified into four categories, depending on the type, location, sensitivity, and scale of the project and the nature of its potential environmental impacts. The outline of the World Bank OPs are shown in the Chart 4.1 and briefly summarised as below: Category A: A proposed project is classified as Category A if it is likely to have significant adverse environmental impacts that are unrecoverable, diverse, or big scale. These impacts may affect an area broader than the sites or facilities subject to physical works. EA for a Category A project examines the project's potential negative and positive environmental impacts, compares them with those of feasible alternatives (including the "without project" situation), and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and 36 Review of the Tavan Tolgoi Environmental and Social Management System improve environmental performance. For a Category A project, the borrower is responsible for preparing a report, normally an EIA (or a suitably comprehensive regional or sectoral EA) that includes, as necessary, elements of the other instruments. Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats--are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases, mitigatory measures can be designed more readily than for Category A projects. The scope of EA for a Category B project may vary from project to project, but it is narrower than that of Category A EA. Like Category A EA, it examines the project's potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. The findings and results of Category B EA are described in the project documentation (Project Appraisal Document and Project Information Document). Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project. Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts. In accordance with above, the adverse impacts affecting environment and society of ETT East Tsankhu coalmine is duely classified as Category A project. Highlighted ones in green in the table mean those are implementing in certain areas, yellow one indicates poor implementation and range one expresses not implemented. For instance: ОР4.01 ∼ EIA was developedat the project development stage but it was notwell integrated with the project structures and management. ∼ The borrower has not madethe draft EA report available at a public place accessible to project-affected groups and local NGOs. ∼ The EA covered only the main activity – mining but the supporting aspects such as workers’ camp, transportation road, electrical transmission lines and Fuel Station were not specified in it. ОР4.02 ∼ EMP and its implementation report are developed on annual basis, although there was no short, medium and long term EMP of the company, which was prepared on each environmental components ∼ The environmental specialists’ proficiency and involvement in training are not satisfied. ОР4.04 37 Review of the Tavan Tolgoi Environmental and Social Management System ∼ The study on the natural habitats was conducted in the DEIA, designed in 2011. Since then any studies on fauna have not been completely carried out. ОР4.07 ∼ Within the framework for water resources management,the significant works for example: softening the mineralized water of the gobi region and use of rainfall water have not been performed. However, the seepage water is used for watering roads in order to eliminate dust. The potable water is transported from the city. ОР4.09 and ОР4.36 are not relevant to the operation and environmental policies of the mine. 38 Review of the Tavan Tolgoi Environmental and Social Management System Chart 4.1. The outline of the World Bank OPs 39 Review of the Tavan Tolgoi Environmental and Social Management System Chart 4.2. Safeguards requirements of the ADB 40 Review of the Tavan Tolgoi Environmental and Social Management System Chart 4.2. Safeguards requirements of the ADB (cont’d) 41 Review of the Tavan Tolgoi Environmental and Social Management System Chart 4.3. The Environmental and social policy of the EBRD 42 Review of the Tavan Tolgoi Environmental and Social Management System Chart 4.3. The Environmental and social policy of the EBRD (cont’d) 43 Review of the Tavan Tolgoi Environmental and Social Management System Chart 4.3. The Environmental and social policy of the EBRD (cont’d) 44 Review of the Tavan Tolgoi Environmental and Social Management System Asian Development Bank: The operational policies of the Asian Development Bank (ADB) include three safeguard policies: the Environment Policy, the Policy on Indigenous Peoples and the Involuntary Resettlement Policy and they involve a structured process of impact assessment, planning, and mitigation to address the adverse effects of projects throughout the project cycle. The safeguard policies require that (i) impacts are identified and assessed early in the project cycle; (ii) plans to avoid, minimize, mitigate, or compensate for the potential adverse impacts are developed and implemented; and (iii) affected people are informed and consulted during project preparation and implementation. Each project are divided into the following four categorization by its type, location, scale, and the magnitude of its potential environmental impacts including direct, indirect, induced and cumulative impacts in the project’s area of influence. The outline of the ADB requirements are shown in the Chart 4.2 and briefly summarised as below: Category A: Proposed projects are classified as Category A if it is likely to have significant adverse environmental impacts that are impossible to be rehabilitated. These impacts may affect an area broader than the sites or facilities subject to physical works. For Category A projects, developing a detailed environmental impact assessment (DEIAs) and environmental management plan is required. Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats--are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigatory measures can be designed more readily than for Category A projects. The scope of environmental assessments for a Category B project, developing a environmental baseline assessment (EBAs) and environmental management plan (EMP) is statutory. Category C: A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts. An environment policy is required, evethough there is no further DEIAs and EBAs action is performed For a Category C project. Category FI: A proposed project is classified as Category FI if it involves investment of Bank funds through a financial intermediary. A financial intermediary must maintain an environmental and social management policy or its business activity has to have minimal or no negative environmental impacts or no risks. In accordance with above, the adverse impacts affecting environment and society of ETT East Tsankhi coalmine is duely classified as Category A project. 45 Review of the Tavan Tolgoi Environmental and Social Management System European Bank for Reconstruction and Development The Bank classified the projects as A/B/C/FI categorizations based on (i)determination the level of environmental and social impacts, (ii)nature and level of environmental and social investigations, information disclosure and stakeholder engagement and consideration of the nature, location, sensitivity and scale of the project, and the significance of its potential adverse future environmental and social impacts. The outline of the EBRD policies are shown in the Chart 4.3 and briefly summarised as below: A category: Those projects are classified as “A” categorythat where there are potentially diverse and significant environmental impacts, which cannot be readily identified,therefore an official EIA must be prepared by the professional institution in conformity to the bank requirements. В category: A proposed project, which might have potential social-environmental impacts but the scale is less adverse, readily identified and measures to mitigate potential impacts can be designed is included in B category list. Impacts can be connected with past, present and future activities of the project and a requirement for assessment can be varied on a case-by-case,although it shall be developed in accordance with Performance requirements (PR) I of the EBRD. С category: A proposed project is classified as category C if it is likely to have minimal or no adverse environmental impacts. An EIA or Social Impact Assessment (SIA) is not required for this level project. In a case of unable to determine a categorization of a proposed project and lack of information to outline a framework of an assessment, EBRD specialists in charge of environment and social aspects shall undertake initial socio-environmental examination. FI category: A proposed project is classified as category FI if it involves the investment of EBRD funds to, or through, a financial intermediary. Prior to fund FI level project, the bank shall review and examine a project and its documentations, then make a conclusion. EBRD requires to meet good international practices to environmental and social sustainability and in order to assist its client to achieve these; the Bank has defined and approved 10 PRs. 46 Review of the Tavan Tolgoi Environmental and Social Management System 4.3. Performance audit on Detailed Environmental Impact Assessment recommendation The environmental audit criteria were established using 2011, 2012, 2013 environmental management plan (EMP) followed by DEIA in 2011, ETT East Tsankhi coalmine. The performance audit criteria was set out on the basis of choosing total 110 criteria, of which 55 from DEIA reports, 92 from EMPs by coincident counting. There are 56 criteria for ongoing process of simultaneous implementation at the project commencement and continuous outcomes during the project implementation and 54 criteria for activities, which start within certain time after project implementation or continue during implementation and its outcomes are in place in the future. Criteria indicators: As seen criteria indicators, there are 64 conformances, 32 nonconformances, 6 incomplete and eight were impossible to assess. Please see the indicators by percentage in Figure 4.1. 2% 9% 24% 65% Figure 4.1: Audit indicators on Detailed Environmental Impact Assesment As seen above data, the measures for implementation of environmental protection and avoidance of degradation and mitigation of adverse impacts for the coalmine are 65 percent and rest of them is not satisfied. Highlighted issues: It was observed that some requirements were not clear while examining the requirements of the DEIA and EPP. In abovementioned requirements, the unclear ones are highlighted in yellow color. The requirements 11, 37, 67, 87 of the DEIA and the requirements 13, 15, 16, 60 of the EMP are not comprehended for people and the required measures are indefinable, thus, we concluded them as not evaluable. Hence, a considerable consideration should be taken for implementation of the proposed advice and recommendations and should precise the activities and the plan and determine the requirements while outlining the further implementation measures. 47 Review of the Tavan Tolgoi Environmental and Social Management System Tasks to be implemented: An environmental audit shall be accurately carried out within the framework of the national legislation, law, resolution of the State Great Khural and the Government decision, standard, rule and regulation pursuant to the Article 101 of the EPL. This audit was conducted only on DEIA reports, accordingly it was not considered the legal compliance audit on all above legislations. 48 Review of the Tavan Tolgoi Environmental and Social Management System PERFORMANCE AUDITON DEIA OF THE PROJECT FOR OPEN MINE IN EAST TSANKHI OF TAVAN TOLGOI COALMINE DEPOSIT IN TSOGTTSETSII SOUM, UMNUGOBI AIMAG Table 4.1 Performance indicator Report Time Audit Evidence Evalution Performance indicator Evidence and № 1 2 3 4 5 6 1 argument Mitigate adverse impacts on air quality and its audit Report 7.6 - Photo Improve and macadamize mine settlement area, constantly At initial Whether mine camp, road and The mine road on regular use See Appendix III. 1. EMP - Work plan Conformance used road and vehicle stop stage vehicle stop are macadamized and parking areas were paved. No 1-1, 1-2, 1-3 6-2011 - Report 3.2-2012 Report See Appendix III. 7.6 - Documentation No 2-1, 2-2, 2-3, During the Whether coal transportation road Watering or water sprinkling is In connection to weather condition, constantly keep the soil EMP - Work plan 2-4, 2-5 2. project are moistened related to weather Conformance carried out related to weather and coal transportation road moisture 6-2011 - Report implementation condition condition. 3.2- 2012 - Photo 4.1-2013 The new camp was built. A See Appendix III. - Photo resettlement was in Sep 2014. No 3-1, 3-2 Minimize poisonous gas through using full-fired furnace Report Whether full-fired furnace and 3. At initial stage - Conversation Conformance The heating was solved with and non-smoked combustibles to heat temporary camp 7.6 non-smoked combustibles are used - Documentation electricity and floor-heating technology was used. Report See Appendix III. - Work plan Dispose household waste in short term, desinfect dumping 7.6 During the Whether dumping site is No 4-1, 4-2 - Documentation 4. site in certain period of time and prevent to pollute air EMP project decontaminated in certain period Conformance Waste sterilization is made. - Documents on through emitting various smell 3.4-2012 implementation of time decontamination 4.7-2013 Whether preventive measures are Protection measures from During the Prevent from steam of combustion, flammable material Report taken against steam of - Report evaporation are not taken 5. project Nonconformance Can be improved and oil 7.6 combustion, flammable material - Photo implementation and oil Air quality measurement was Whether take a measure for - Photo conducted once with the Air filtering toxic smoke from machine Report At initial - Documentation Quality Agency of the Capital 6. Infiltrate all mining machinery smoke till permitted rate and mechanism to the acceptable Nonconformance Can be improved 7.6 stage - Equipment and city (AQAC) and the report has level tools not been prepared yet. There is no other measures, taken Report Air dust falls are measured at 7 See Appendix III. Whether air sample are tested in 7.6 During the - Documentation points, but there is no quality No 7-1, 7-2, 7-3, Test an air sample in certain period of time, determine air certain period of time, air 7. EMEP project - Research result Conformance classification on them. 7-4, 7-5, 7-6, 7-7, pollution rate and take related measures pollution rate is determined and 7.1-2011 implementation - Report 7-8, 7-9, 7-10, 7- measures are taken 5.1-2013 11, 7-12 49 Review of the Tavan Tolgoi Environmental and Social Management System Report Whether dust emission rate along - Documentation A measurement was conducted Constantly monitor dust emission rate along road and During the 7.6 road is monitored and measures to - Research report once by the AQAC and the 8. implement measures to minimize dust generation negative project Unassessable Can be improved EMP minimize dust generation negative - Monitoring examination findings and report impact implementation 3.2-2013 impact are taken registration have not been received yet. - Report During the Whether dust level in mining area Dust measurement at the work Observe dust level in mining area and take samplings at Report - Research result 9. project is observed and sampling at work Nonconformance place has not been conducted Can be improved work place and test them 7.6 - Equipment implementation place is tested on a regular basis yet. - Photo During the Shock, vibration and air Report Whether land vibration and air - Documentation 10. Determine land vibration, shake and air overpressure project Nonconformance overpressure are not determined. Can be improved 7.6 overpressure are determined - Conversation implementation During the Whether dust is checked with - Documentation Report Clarify the company who 11. Check dust with naked eyes during blasting operation project naked eyes during blasting - Conversation Unassessable Can be improved 7.6 undertook the DEIA implementation operation - Photo During the The rule and regulations for See Appendix III. project blasting period is adhered on No 12-1, 12-2, 12- Obey blasting techniques and safety rule during blasting for Report Whether work due to blasting - Conversation 12. implementation Conformance work. 3, 12-4, 12-5, 12- securing people and animals’ safety 7.6 technique and safety rule - Photo 6, 12-7, 12-8, 12- 9, 12-10, 12-11 - Work plan Тhere are 7 dust generation See Appendix III. Take an appropriate measure on the basis of the results of EPM During the - Documentation points and wind protection No 13-1, 13-2, 13- 13. dust generation and toxic gas within the air quality Whether air quality is monitored Conformance 6-2011 project - Research result fencing to minimizeits power is 3, 13-4, 13-5 monitoring implementation - Photo being installed. During the - Photo See Appendix III. To water land along the road and control vehicle’s speed to EMP Whether dust generation is reduced Maintain watering of roads in 14. project - Conversation Conformance No 14-1, 14-2, 14- minimize environmental dust generation 6-2011 and vehicle traffic is controlled order to minimize dust. implementation - Work plan 3 Whether watering and dust - Photo EMP At Initial Chemical substances have not Specific research 15. Use and test dust suppression chemical substances suppression chemical substances - Conversation Nonconformance 6-2011 stage tested and testing are used - Documentation See Appendix III. Whether green building plantation - Photo Wind protection fencing has Commence a green building plantation protecting against EMP At initial No 16-1, 16-2, 16- 16. protecting against wind is - Conversation Conformance been installed and green wind 6-2011 stage 3, 16-4 commenced - Work plan development has started. EMP See Appendix III. Provide mine employees with protective equipment from At initial Whether dust protective equipment - Photo Three kinds of masks were 17. 3.2-2012 Conformance No 17-1, 17-2 dust stage is provided to mine employees - Conversation distributed to the employees. 4.1-2013 Report See Appendix III. 7.6 No 18-1, 18-2, 18- During the - Photo EMP Whether blasting is cohered It was specified in the safety 3, 18-4, 18-5, 18-6 18. Cohere blasting with weather condition project - Work plan Conformance 6-2011 weather condition regulation during blasting. implementation - Documentation 3.2-2012 4.1-2013 Whether noise and vibration near EMP Monitor noise and vibration near local citizens settlement At initial local citizens housing area are - Conversation 19. 6-2011 Nonconformance No control Can be improved area and develop detailed plan on the basis of the result stage observed and detailed plan is - Work plan developed on the basis of the result 50 Review of the Tavan Tolgoi Environmental and Social Management System During the Whether wind fencing protection in - Photo To build wind fencing protection in coal loading and EMP Wind protection fencing has not 20. project coal loading and unloading area is - Material type Nonconformance Can be improved unloading area of Tsagaan Khad’s customs warehouse 4.1-2013 been installed implementation built - During the Whether a study on road dust - Documentation Conduct a study on road dust emissions from Tsagaan Khad EMP project emissions from Tsagaan Khad to 21. - Conversation Nonconformance No measurement or study Can be improved to the border point by foreign professional organization 4.1-2013 implementation the border point is conducted by - Photo foreign professional organization Mitigate adverse impacts on soil and its audit Whether measure to protect soil During the Monitor and implement measure to protect soil from Report against household waste and oil - Work plan Soil protection blanket was 22. project Conformance household waste and oil products pollution 7.6 products pollution is overseen and - Conversation underlain where necessary. implementation taken Report See Appendix III. Whether prevent from soil 7.6 - Photo No 23-1, 23-2 Prevent from soil degradation through developing lot of At initial degradation through making lot of Roads and ways are marked and 23. EMP - Conversation Conformance diverted roads and set up road sign stage diverted roads and a measure to set the special road was designated. 2012 - Documentation up road signs is taken 4.2-2013 The green development work has See Appendix III. During the - Work plan Implement a plan to reclamation soil, cultivate plants and Report Whether plants and shrubs are commenced in the areas of No 24-1, 24-2, 24- 24. project - Photo Conformance shrubs near camp and mine site 7.6 cultivated near camp and mine site surrounding the work place and 3 implementation - Conversation mine. Dump fertile soil, is to be likely affected top soil stripping During the Whether fertile soil, that stripped - Work plan Topsoil stockpiling has See Appendix III. Report 25. operation separately and use them in biological project off is dumped separately and used - Photo Conformance beenformed separately. No 25-1, 25-2, 25- 7.6 rehabilitation implementation in biological rehabilitation - Conversation 3, 25-4 The stockpiling is formed in See Appendix III. Report Whether soil dump is done - Work plan 26. Dump soil properly according to a mining plan At initial stage Conformance accordance with the Mine plan. No 26-1, 26-2, 26- 7.6 according to mining plan - Photo 3 Whether soil dump is stored The stockpiling is formedin See Appendix III. Report - Photo 27. Store soil dump according to mineral surveyor design At initial stage according to mineral surveyor Conformance accordance with what specified No 27-1 7.6 - Conversation design in the design drawing. During the Whether requirement of not The soil stockpiling has been Soil dump has not to be carried and not to be covered during Report - Photo 28. project carrying and covering dump is met Conformance formedin the manner of none operation 7.6 - Conversation implementation during operation replacement. Whether dump is placed in a small See Appendix III. At initial area based on consideration the - Photo No 29-1, 29-2 A dump should be in a smaller site, in a condition of not Report stage conditions of less dust emissions, - Report The stockpiling is formed in a 29. corrupting the natural scene, producing less dust as possible Conformance 7.6 not corrupting the natural scene, as - Work plan convenient way to reclaim and suitable to do technical rehabilitation. possible and suitable to do technical rehabilitation. Report At initial See Appendix III. - Photo Whether dams and canals to protect Build dams and canals to protect operation site from 7.6 stage Flood prevention dams are No 30-1, 30-2, 30- 30. - Report operation site from flooding water Conformance flooding water EMP constructed. 3 are built - Work plan 6-2011 Report See Appendix III. 7.6 During the Whether soil test is done by Soil tests are conducted but Do a soil test by professional organizations, take related - Work plan No 31-1, 31-2, 31- 31. EMEP project professional organizations and Conformance follow up measures upon the measures on a regular basis - Research result 3, 31-4, 31-5, 31- 7.2-2011 implementation related measures are taken results have not been taken. 6, 31-7, 31-8 4.3-2012 51 Review of the Tavan Tolgoi Environmental and Social Management System 5.3-2013 Transporting coals through some Whether a measure is taken not to unpaved roads because of Do not to develop a new road to minimize impact on soil Report At initial develop new road for minimizing - Conversation 32. Nonconformance overload of the coal erosion during coal transportation 7.6 stage adverse impact on soil erosion - Documentation transportation trucks caused dust Serious during coal transportation and soil erosion. nonconformance During the Coal is transportedon the roads, Report Whether a road fee is paid to the 33. If necessary, pay a road fee to the local authorities project - Documentation Conformance where the local TT obtained the 7.6 local authorities implementation permit. During the Whether coal transportation road Coal is transported on the roads, Approve to coal transportation road routine as negotiating Report 34. project routine is approved based on - Documentation Conformance where the local TT obtained the with local authorities 7.6 implementation negotiation with local authorities permit Whether requirements of long-term Specify the requirements of long-term soil storage on Report At initial - Documentation See Appendix III. 35. soil storage are reflected on mining Conformance It is specified in the Mine plan. mining plan 7.6 stage - Conversation No 35-1, 35-2 plan During the Whether rich fertile and fertile soil - Documentation Transport, cover, and flatten rich fertile and fertile soil in the Report It is not a due time to 36. project on prepared areas are carried, - Conversation Unassessable leveled, sloped and formed area 7.6 commenceremediation implementation covered and flattened - Photo During the Whether a plan for cultivation the Cultivate all formed areas and reclamate soil according to Report project all formed areas and rehabilitation It is not a due time to commence 37. - Work plan Unassessable care management system 7.6 implementation according to care management remediation system During the Whether fertile soil of operation The location of topsoil project site is replaced, soil in biological Replace fertile soil from operation site, reuse soil in stockpiling is improper and it Report implementation rehabilitation is reused and soil is - Work plan 38. biological rehabilitation and use it as plantation for pasture Unassessable was placed in lee side: This type 7.6 used as plantation for pasture and - Photo and crop farming to prevent fertile soil from disinfection of tasks have not been planned crop farming to prevent fertile soil yet. from disinfection During the Report Whether mining closure plan is A mine closure plan has not been Serious 39. Develop mining closure plan project - Work plan Nonconformance 7.6 developed designed. nonconformance implementation During the Whether to focus on degrading less Measure to get a permit for See Appendix III. Focus on degrading less scale area and plan the operation in EMP - Work plan 40. project scale area and develop an operation Conformance earthwork commencement is No 40-1, 40-2 detail 6-2011 - Report implementation plan taken. During the Whether a measure for not See Appendix III. Do not increase land area used for construction foundation, EMP - Report Temporary facility or sandwich 41. project increasing land area used for Conformance No 41-1, 41-2 if not necessarily required. 6-2011 - Documentation building has been constructed. implementation construction foundation is taken During the See Appendix III. EMP Whether loose soil area is - Photo 42. Macadamize loose soil area project Conformance Gravel layer is installed. No 42-1, 42-2, 42- 6-2011 macadamized - Report implementation 3 During the - Documentation See Appendix III. Take measures for separate storage and mitigating Whether contaminated soil is The special area was designated EMP project - Equipment and No 43-1, 43-2, 43- 43. contaminated soil and making a bed with water proof layer stored separately, mitigated and Conformance to neutralize the contaminated 6-2011 implementation tools 3, 43-4 and reuse them reused them soil. - Photo Supervise activities of the entities and citizens running - Report See Appendix III. EMP Some measures are taken by the 44. operation within licensed area, take measures to minimize Whether control land use - Documentation Conformance No 44-1, 44-2, 44- 4.2-2013 company. and eliminate soil erosion, degradation and contamination - Conversation 3, 44-4, 44-5 52 Review of the Tavan Tolgoi Environmental and Social Management System affected by their wrong activities with soum environmental protection division and professional team and consider their During the outcomes. project implementation EMP The internal regulation on See Appendix III. Travelling heavy trucks and machine techniques are only At initial - Photo 45. 3.5-2012 Whether oversee traffic Conformance working in mine is extremely No 45-1, 45-2, 45- allowed on the certain road stage - Work plan 4.2-2013 good. 3 EMP Soil stockpiling is under control. Whether soil dump is replaced - Work Replace soil dump estimating wind flow and geographical 6-2011 At initial 46. based on estimation of wind flow - Coversation Conformance location and control its implementation 3.5-2012 stage and geographical location - Photo 4.2-2013 Mitigate adverse impacts on water management and its audit Report See Appendix III. Whether groundwater monitoring There are 2 monitoring points 7.6 No 47-1, 47-2, 47- To build groundwater monitoring well near mine and At initial well near mine is built and - Photo 47. EMP Conformance and the level of groundwater is 3, 47-4, 47-5 observe groundwater level change stage groundwater level change is - Documentation 3.3-2012 measured. controlled 4.3-2013 Whether possibility to use the Seepage water is accumulated in See Appendix III. Study and enhance the possibility of efficient use water Report At initial mining water seepage or reject - Report the sumps and it used for No 48-1, 48-2 48. Conformance seepage from mining 7.6 stage water is studied and related - Documentation watering to minimize dust measures are taking accordingly generation of roads. During the Whether leaking water is used for Seepage water is accumulated in See Appendix III. Use the mining water seepage for road watering and Report - Photo No 49-1 49. project road watering and biological Conformance the sumps and it used for biological rehabilitation 7.6 - Conversation implementation rehabilitation watering. Water quality monitoring is See Appendix III. Report carried out, although softening No 50-1, 50-2, 50- Take a measure and test drinking water in accordance with 7.6 At initial Whether drinking water is met with - Research result measures for groundwater with 3, 50-4, 50-5, 50- 50. Conformance drinking water standard EMP stage the standard - Report 6, 50-7, 50-8, 50- 3.3-2012 potable standards have not been 9, 50-10, 50-11, taken. 50-12, 50-13 During the Seepage water is accumulated in See Appendix III. project Whether keep mine water seepage - Work plan the sump in accordance with the No 51-1, 51-2, 51- Constantly keep the mine water seepage and dewater soil EMP 51. and mining benches 6-2011 implementation and soil and mine bench are - Documentation Conformance requirement underlined in the 3 dewatered - Photo mining general requirements. During the Whether well and facilities are - Converstion See Appendix III. Discharge the disinfected water and clean out the well and EMP It is cleaned when it rains. 52. project constantly cleaned out after raining - Documentation Conformance No 52-1 facilities after raining 6-2011 implementation and disinfected water is discharged A study on water flow of the Build dams and sump for collecting groundwater and water EMP At initial Whether water collecting sump is - Photo rainfall has not been conducted 53. Nonconformance Can be improved flow after rain 6-2011 project stage built - Report and artificial water reservoir has not been built so far. During the Whether sewage pipeline, sewage - Documentation Control has not been Secure and check sewage pipeline, system underground EMP 54. project system, underground sewage well - Report Nonconformance accomplished since the Can be improved sewage well and water tanks in proper condition 6-2011 implementation and water tanks are checked - Photo installation 53 Review of the Tavan Tolgoi Environmental and Social Management System EMP At initial - Documentation The technology has not been Serious 55. Introduce water recycling and conservation technology Whether water is recycled Nonconformance 6-2011 stage - Work plan introduced. nonconformance There are 2 monitoring points. See Appendix III. At initial Whether water monitoring wells Water resources control is No 56-1, 56-2, 56- Build water monitoring wells in the tailing dam and reclaim EMP stage - Documentation 3, 56-4, 56-5 56. are built and the water resource and Conformance accomplished. However, water pond and to control groundwater resource and its quality 6-2011 - Check sheet its quality are assured quality control is not conducted.Evidence: At initial Water meters have been installed See Appendix III. EMP Whether water calculator is - Photo 57. Install calculator at water points stage Conformance No 57-1, 57-2, 57- 2012 installed - Report in the water points. 3, 57-4 Focus on not changing surface water flow and build EMP At initial - Work plan Drainage trenches have been See Appendix III. Whether drainage system on the 58. drainage system on the road and necessary points in the 6-2011 stage - Documentation Conformance No 58-1, 58-2, 58- road and necessary points is built newly installed. area 4.4-2013 - Photo 3, 58-4 At initial 2 monitoring points have been See Appendix III. stage Whether the detailed water installed, a detailed program of No 59-1, 59-2 EMP 59. Implement a detailed water monitoring program monitoring program is - Research result Conformance 4.3-2013 water control and monitoring has implemented not been designed. Whether measures for protecting At initial against flood through changing A study on water flow of the Protect against flood through changing flood flow direction EMP - Report 60. stage flood flow direction outside of Nonconformance Can be improved and prevent from carrying pollution from mine site 3.3-2012 - Photo rainfall has not been conducted. mining area and preventing from carrying pollution from mine site - Registration EMP The wells in the impact zones are See Appendix III. Monitoring well in affected region near the project site and At initial Whether well in the affected region sheet 61. 6-2011 Conformance No 61-1, 61-2, 61- register and restore water level fluctuation stage near the project site is controlled - Documentation under control. 4.3-2013 3, 61-4, 61-5, 61-6 - Report Mitigate adverse impacts caused by wastes and its audit Control industrial waste from the mine on a regular basis The company has the waste Report At initial Whether a constant control over - Documentation 62. and develop and implement a waste management Incomplete control. The management plan Can be improved 7.6 stage industrial waste is put - Photo has not been developed. Determine waste source and flows and segregate toxic and Whether waste source and flows non-toxic waste Report At initial are determined and wastes are Wastes are not classified as Serious 63. - Documentation Nonconformance 7.6 stage segregated toxic and non-toxic hazardous or non-hazardous nonconformance waste Register waste sources and flows, clarified above and Report Whether waste sources and flows, determine possibility of reuse and recycling 7.6 At initial clarified above are registered and - Documentation Wastes are classified as a 64. Conformance EMP stage possibility of reuse and recycling is - Photo general, re-usable and recycling. 6-2011 determined Implement further policy of waste management on the basis During the Report Whether further policy of waste The waste study has not been 65. of registration and study project - Documentation Nonconformance Can be improved 7.6 management is implemented conducted implementation Develop and implement a project for rehabilitation of old During the Whether project for old dumping Report - Photo Such projects was not 66. dumping site project site rehabilitation is developed and Nonconformance Can be improved 7.6 - Report implemented implementation implemented 54 Review of the Tavan Tolgoi Environmental and Social Management System During the Whether solid waste is transported - Photo Report The provisions of the DEIA are 67. Transport solid waste in short term and bury it in soil dump project in short term and it is buried in soil - Conversation Unassessable 7.6 not clear implementation dump - Documentation Comply with the waste management rule and regulations of Whether waste management rule See Appendix III. ETT and operate with developing plan and programs of EMP and regulations is enforced and There are waste collection, No 68-1, 68-2 At initial - Work plan 68. waste scale reduction and waste disposal on the basis of safe 6-2011 plan and programs of waste scale Conformance storage, and transportation and stage - Report way 3.4-2012 reduction and waste disposal on the disposal procedures. basis of safe way are developed Place colored and signed bins at required points EMP At initial Whether colored and signed bins - Photo Waste bins are positioned in the See Appendix III. 69. Conformance 3.4-2012 stage are placed at required points - Report areas where need. No 69-1, 69-2 Establish temporarily solid waste yard including medical At initial - Official letter See Appendix III. waste disposal /obtain permit from soum governor/ EMP stage Whether temporarily solid - Disposal No 70-1, 70-2, 70- Temporary disposal waste point 70. 3.4-2012 dumping site including medical document Conformance 3 was designed. 4.7-2013 waste disposal is established - Photo - Report Control over chemical substance residue, waste and waste At initial - Photo disposal methods EMP stage Whether chemical substance - Report The wastes are disposed by the See Appendix III. 71. Conformance 6-2011 residue and wastes are disposed - Disposal incineration process. No 71-1, 71-2 document Store substance in furnished warehouse and area in Whether substance is stored in There is a hazardous material Can be improved EMP At initial - Report 72. accordance with SDS furnished warehouse and area in Nonconformance store because the Contractor has See Appendix III. 6-2011 stage - Photo accordance with SDS executed the relevant works. No 72-1 EMP Whether chemical storage and - Report Control procedure is poor and Serious 73. Constant control over chemical storage and utilization At initial Nonconformance 6-2011 utilization are controlled - Registration there are no signs. nonconformance stage Place enough absorb spill substance and material to high At initial Serious risk occupations for spill stage Whether enough absorb spill - Report It did not completely cover the nonconformance EMP 74. substance and material are replaced - Photo Nonconformance necessary areas and there is See Appendix III. 6-2011 to high risk occupations for spill - Documentation direct oil spillage on the soil. No 74-1, 74-2, 74- 3 At initial Whether preventing from spill, - Report See Appendix III. Prevent from spill, develop internal procedures during spill EMP 75. stage internal procedures during spill - Documentation Conformance There is a spillage procedure. No 75-1, 75-2 and train employees for spill 6-2011 are developed - Conversation At initial There is a repair shop facility but See Appendix III. stage in where it is impossible to No 76-1, 76-2, 76- Whether machinery maintenance is contain the large techniques and 3, 76-4 Perform machinery maintenance in only designated repair EMP - Photo 76. performed in only designated Conformance equipment. Then the point and area 6-2011 - Report repair point and area maintenance and service is conducted outdoor. See Appendix III. At initial stage Whether a fuel tank or dispenser - Report No 77-1, 77-2, 77- Pave a fuel tank or dispenser area, where spill may occur or EMP area, where spill may occur is The blanket layer was covered in 77. - Photo Conformance 3 to build a temporary facility collecting fuel spills 6-2011 paved or a temporary facility the Fuel station area. collecting fuel spills is built - Documentation 55 Review of the Tavan Tolgoi Environmental and Social Management System Whether all chemical substance The environmental specialists Get approval from an expert in charge of environment, EMP orders are checked and approved - Report Serious 78. At initial stage Nonconformance have no records on chemical prior making an order of all chemical substance 6-2011 by expert in charge of environment - Conversation nonconformance substances are controlled EMP Whether there are appropriate tag, - Report Appropriate tags, label and signs including caution on There no signs on the substances, Serious 79. label and signs including caution Nonconformance chemical substance package are required 6-2011 At initial stage on chemical substance package - Photo are being used nonconformance Store separately inconsistent substances or substance that is EMP Whether inconsistent substances - Report See Appendix III. 80. Conformance The contractor is performed. impossible to keep together 6-2011 At initial stage are stored separately - Documentation No 80-1 See Appendix III. Whether all chemical substances No 81-1, 81-2 Store and keep all chemical substances especially especially flammable and flammable and combustible liquids away from heating EMP combustible liquids are stored - Report Stores in the special containers 81. At initial stage Conformance equipment system and direct sunlight and in flood water 6-2011 away from heating equipment - Documentation away from the sunlight. free places system and direct sunlight and in flood water free places See Appendix III. At initial stage Whether waste disposal area is The waste points are designedin EMP - Photo No 82-1, Determine waste disposal area at the site and replace a accordance with the 82. determined and different bins are Conformance 82-2, 82-3, 82-4, certain type of bins suitable for the wastes in that area 4.7-2013 - Report classification. replaced for its need 82-5, 82-6, 82-7, 82-8, 82-9 See Appendix III. Whether household waste around No 83-1 Clear out household wastes around the waste disposal area EMP the waste disposal area at the - Report Waste treatment/ cleansing plan 83. At initial stage operational site is cleared out and Conformance at operational site and remove them to the disposal area 4.2-2013 - Photo has been developed. removed to the disposal area. See Appendix III. At initial stage Whether solid and liquid wastes No 84-1, 84-2, 84- EMP from mine site and housing are - Photo Properly store solid and liquid wastes from mine site and Household wastes are collected 3, 84-4, 84-5 stored at the special point and clear 84. housing at the special point and clear out, disinfect and 3.5-2012 Conformance in special point and are sterilized out, disinfection and removal - Disinfecting remove them on a regular basis document and cleared out. 4.2-2013 works are performed on a regular basis The lubricating materials have Store flammable lubricant materials in special container, been spilled. The control over it prevent from spill, develop a plan to collect, clear out and EMP Whether flammable lubricant - Report is poor. See Appendix III. 85. reuse the wastes and take a measure to remove infected soil 3.5-2012 materials are stored in special Nonconformance No85-1, 85-2, 85- At initial stage container and be prevented from - Photo 3, 85-4 4.2-2013 spill 56 Review of the Tavan Tolgoi Environmental and Social Management System The oil and lubricants used in the Supply the wastes as raw material in a recycling industry Whether the used oil, lube wastes - Photo repair shop are accumulated and See Appendix III. through accumulating used oil and lubes from the repair EMP are supplied to the recycling 86. shop At initial stage industry through accumulating - Report Conformance are supplied to the Contractor No 86-1, 86-2, 86- 4.2-2013 company. 3, 86-4, 86-5, 86-6 them from the repair shop - Documentation Mitigate impacts on biodiversity and its audit A main method to protect plant covers from the adverse impacts during mining (blasting, loading and unloading process and transportation) is not to spread various chemical - Work plan Report During the Whether measures for protecting The provisions of the DEIA is 87. dust to surrounding environment. In addition to establish the project plants from adverse impact are - Documentation Unassessable road routines in proper ways and control them. 7.6 unclear implementation taken - Conversation - Road route Actively mobilize professional organizations and the During the - Work plan Natural plant research was environmental teams to perform cultivation and plantation Report project Whether cultivation and plantation carried out and related training 88. at appropriate period in accordance with relevant implementation are performed in accordance with - Documentation Conformance was conducted among the technology, standards, norms, measures and agrological 7.6 relevant technology and standards - Conversation specialists. care - Road route See Appendix III. Germinate plants from seeds, roots, basal shoots, bulbs and During the - Monitoring No 89-1, 89-2 project Whether control the planting speed result sprouting bulbs, branches, control the planting speed on Report implementation on weekly and monthly basis and Maintained cooperation with the 89. weekly and monthly basis. Evaluate plant adaptation, Conformance 7.6 evaluate plant adaptation, - Conversation professional institution. winterization habit and regrowth and get assistance from winterization habit and regrowth professional bodies and specialists - Photo See Appendix III. No 90-1, 90-2, 90- Protect rare and extremely rare plants, complete EMP Whether rare and extremely rare - Photo Experiment and research on 3, 90-4, 90-5, 90- construction of greenhouse and tree living fence, a main plants are protected, a study for using natural plant in 6, 90-7 90. 6-2011 - Document type Conformance point for commencing tests and survey for efficient During the plant in gobi desert is commenced, reclamation process has started. biological rehabilitation in gobi desert condition 4.4-2013 project a tree living fence is built - Study process implementation Reclamation and Mine closure and their audit See Appendix III. During the Whether restoration of soil Reflect a restoration of soil degradation and erosion near Reclamation is carried out in No 91-1, 91-2, 91- Report project degradation and erosion near mine - Report 91. mine in annual environmental reclamation plan and Conformance each case and handed over as 3, 91-4, 91-5, 91- 7.6 implementation is reflected in annual - Documentation implement them pursuant to the plan specified in the EMP. 5, 91-6, 91-7, 91- environmental reclamation plan 8, 91-9 91-10 57 Review of the Tavan Tolgoi Environmental and Social Management System Report During the Whether technical and biological project reclamation is applied for the Apply technical and biological reclamation for the The planned period has 7.6 implementation degradation land during the mining - Photo 92. degradation land during the mining operation into the land Unassessable beenpostponed, even though it Can be improved EMP operation into the land available for - QA document available for use as pastureland was reflected in the EMP. use as pastureland -2012 During the Enforce to develop and perform a land formation design for Report Whether dump formation design is - Work plan It was reflected in the Project 93. project Conformance technical and biological reclamation of outer dump 7.6 developed - Photo general plan. implementation This type of work has not been Report During the Whether measures for preventing done Prevent from habitat destruction or landscape change and 94. project destruction of nature or landscape - Work plan Nonconformance Can be improved migration of inhabitants 7.6 implementation change and habitat migration See Appendix III. Report During the - Work plan Reuse and cultivate gobi regional plant in some potential Whether gobi regional plant is Sowing plants of Gobi region No 95-1, 95-2, 95- 95. project Conformance regeneration area with intention 7.6 reused and cultivated on purpose - Photo has been started. 3, 95-4, 95-5, 95- implementation 6, 95-7, 95-8, 95-9 Reflect an opportunity to conduct a census for wild animal Report During the Whether census of wild animals - Documentation No such research has been 96. and nearby animals and their resettlement on regeneration project and nearby animals is conducted Nonconformance Can be improved 7.6 - Photo conducted program implementation During the EMP Whether the reclamation work is - Documentation The issue has not been raised so 97. Close unused road and do technical reclamation work project Conformance 6-2011 performed - QA document far. implementation During the - Documentation EMP project The planned period has been Whether reclamation is 98. Commence technical reclamation in 2014 implementation commenced - QA document Unassessable postponed, even though it was Can be improved 4.6-2013 reflected in the EMP. - Work plan EMP Whether the measures for determining flora type and - Documentation Take measures for determining flora type and components 6-2011 Two professional institutions See Appendix III. components by professional 99. by professional entities and studying and protecting rare and At initial stage - Work plan Conformance conducted the researches and No 99-1, 99-2, 99- 3.7-2012 entities and studying and protecting extremely rare plant in the future. training was organized. 3, 99-4 rare and extremely rare plant are - Report 4.4-2013 taken EMP Whether soil is watered to reduce - Report Water a soil to reduce dust storm during dry season, protect During the dust blowing, topsoil is protected, Planned reclamation period has 100. topsoil, cover the restored leveled land with topsoil as soon 3.5-2012 project restored leveled land is covered - Documentation Unassessable been postponed. Can be improved as quick, cultivate, and reclaim it. implementation with topsoil and surface is - Work plan 4.2-2013 58 Review of the Tavan Tolgoi Environmental and Social Management System cultivated and reclaimed during dryness Management arrangement and their audit During the Whether annual EMP and EMEP Report Relevant reports are prepared See Appendix III. Develop annual EMP and EMEP, get approval from the project are developed, approved by 101. - Report Conformance and its implementation control is No 101-1, 101-2, relevant organizations and control their implementation 7.6 implementation relevant organizations and accomplished. 101-3, 101-4 implementation is controlled Green development work in local Report During the Whether EMP is implemented and Perform an EMP and contribute towards local development area is organized and two wells 102. project contribution towards local - Documentation Conformance with local authority 7.6 have been bored and operated implementation development is made under permanent control Whether implementation - Occupational Employees are involved in Oversee an implementation of workplace hygiene and Report At initial safety regulation workplace hygiene and complete medical checkup once 103. occupational safety rules and regulations, involve Conformance 7.6 stage occupational safety rules and - Monitoring a year pursuant to the contract employees in medical examination at least once a year regulations is overseen report with “Achtan” hospital See Appendix III. Report At initial Whether environment officer There are 7 environmental Assign an employee who is in charge of environment at No 104-1, 104. works onsite - Documentation Conformance officers function under OHSE mine 7.6 stage department. See Appendix III. Report At initial Whether comply with the EMP and - Documentation An annual EMP report is No 105-1, 105-2, 105. Comply with the EMP and EMEP Conformance 7.6 stage EMEP - Report developed and approved. 105-3, 105-4 Whether EMP and EMEP Submit an annual report for works performed in according Report At initial implementation report is submitted An annual EMP report is 106. to EMP and EMEP to relevant authority in 15, February of - Documentation Conformance 7.6 stage to the relevant authority in 15, developed and approved. every year February of every year EMP Whether the monitoring study is conducted with the assistance of - Documentation Monitoringis conducted but Conduct a monitoring study with the assistance of 6-2011 During the Can be improved professional organization and impact-based plan of monitoring 107. professional organization and develop a management plan project - Research report Incomplete See Appendix III. 3.7-2012 implementation related management plan based on and evaluation has not been based on the study outcome No 107-1 the study outcomes is developed - Work plan designed. Evidence: 4.4-2013 There is no environmental Strictly comply with relevant Mongolian law and EMP Whether relevant Mongolian law legislation database and 108. At initial stage and legislations are strictly obeyed - Documentation Nonconformance Can be improved legislations 6-2011 monitoring on law provisions has not been conducted. Suspend earthwork operation and an accurate study will be EMP Whether an earthwork operation is - Photo Monitoring has done and related See Appendix III. 109. conducted if archeological and paleontological findings are At initial stage suspended and a prudent study is Conformance report has been prepared. No 109-1, 109-2, found 6-2011 - Report 109-3, 109-4 59 Review of the Tavan Tolgoi Environmental and Social Management System carried out when archeological and paleontological findings are found Whether there are security guards - Documentation EMP in workplaces or fence and caution There are fencing surrounding See Appendix III. Ensure to function security guards in workplaces, if it is not Initial stage 110. and sign are put - Report Conformance the mining licensed area and No 110-1, 110-2, possible, build a fence and put caution and sign 6-2011 project safeguard post. 110-3 - Material type This table shows only the requirements of the EIA report written audit is carried out independently of this legislation. Therefore, in accordance with the provisions of Article 101 of the law on EIA it will not be conducted environmental audits. Some of the EIA report of the Environmental Protection activities and recommendations because it was not appropriate to directly affect the audit. In 2015, according to the law within the mine's environmental audit will be required to correct any non-compliance with the recommendations given by it. 60 Review of the Tavan Tolgoi Environmental and Social Management System Observation during the audit: 1. The institutions, perform similar activities are located in the same space. In order to determine the integrated environmental cumulative impacts of the companies - ETT, Energy Resources LLC and local TT, where those conduct mining operation in same space, a cumulative impact assessment should be undertaken with their joint efforts in accordance with the Article 6 of the law on EIA by professional institution. Impacts of each company or integrated impacts of the companies shall be determined due to this assessment. 2. As Law on Environment was amended in 2012 онд, Regulation on Environmental Audit was approved in 2013 and the mining operation commenced in 2011, so an environmental audit is to be conducted as including main and supporting activities in accordance with the Article 101 of the EPL in 2015. Under this audit, all the aspects of the environmental components like water, soil, air, biodiversity, reclamation, wastes, chemical hazardous substances, environmental management arrangement shall be considered or examined within the national legislations, moreover, in case of revealing noncompliance, related professional recommendations for improvement shall be provided. In order to conduct audit, the professional institutions that have experienced in environmental audits for the nationwide big projects, implementing in the country should be chosen. Extended versions of Environmental audits: ∼ Water resources management ∼ Air quality and climate management ∼ Soil and land management ∼ Biodiversity management ∼ Waste management ∼ Chemical and hazardous substances management ∼ Reclamation and Mine closure management ∼ Environmental management arrangement ∼ Socio-economics, history and physical cultural resources management ∼ Hygiene and occupational safety management When a short audit is conducted, it is obliged to include the first six items with the reclamation and land management. 3. Two monitoring boreholes/points have been installed nearby the mine and changes of groundwater level are observed. Besides, the monitoring points sealing is considerably good. Nevertheless, the sealing of the abandoned points were poor. However it is commendable to accomplish control but the quantity of the monitoring point are insufficient. In conformity, the location and quantity of the monitoring points is to be “envelope” shaped. Moreover, water quality study is not conducted in monitoring points. 61 Review of the Tavan Tolgoi Environmental and Social Management System Figure 4.2: Condition of the installed water monitoring points 4. However, it is meritorious to perform environmental monitoring studies and create the related printed database, but the works to entry the studies and research findings into the combined digital database, to analyze and use them in further environmental policy and planning were not satisfied.While carrying out environmental monitoring studies, parameters, measurement units, accuracy etc. should be determined in connection with Mongolian standards and future usage of the study’s findings should be considered. For instance: Dust emission survey has to be compared with the MNS 4585: 2007 and the survey findings analyzed. In addition, a health risk assessment of the local communities in the impact zone and the employees can be conducted using the survey findings. Figure 4.3: Environmental monitoring documentation 5. Groundwater quality monitoring is carried out, although softening measures for groundwater with potable standards have not been taken. The groundwater is used for household consumption. However, supplying potable water needs with bottled water seemed as saving the local water resources but the indirect impacts related to long distance transportation of bottled water are higher than this. So this point should be taken into the consideration and it is inevitable to take measures to soften and purify the water into the acceptable level of potable water underlined in the DEAI report 7.6. 62 Review of the Tavan Tolgoi Environmental and Social Management System 6. A study on rainfall water flow has not been conducted and artificial water reservoir has not been built so far. For this type of study, it will be more effective and covering larger areas if professional and domestic resources, and satellite data are used. Furthermore, through such study, the location of the water reservoir must be determined. Figure 4.4: Satellite data of water flow 7. The installed and mobile environmental device and equipment in the mine office of the OHSE department responsible for environmental aspects are so insufficient. Shortages of the environmental device and equipment are causing the external organizations involvement in conducting the most study and surveys or direct negative impacts on quality, frequency etc. of the domestic monitoring studies within the company. 8. Movement and resettlement of the newly built facilities, the sparse camping locations of the main and subcontractors show that the mine site layout or arrangement issue is difficult. Therefore, planning a land use and site layout or arrangement, which can ensure the sustainability related to long-term mining operation is essential. 9. A detailed monitoring plan, guidance, manuals, standards and procedures on environmental components of EMS such as water, air, soil, plant and animal have not been fully completed in the company. Hence, a detailed action plan on each environmental component should be developed and applied to the internal needs of the company. This action plan shall cover everything from the monitoring point’s selection that comprises the all procedures and analysis of the findings until how to reflect them in corporate governance policy. 10. The justification of designating the locations of the environmental monitoring points and topsoil stockpiling extremely unclear. For example: The justification of having chosen the current monitoring points locations of Air emission survey and water level study were unclear. Thus, it needs to scientifically determine the justification of choosing location and the current locations may be changed. 11. The mine impact zone has not been established yet. The mine impact zones should be identified by each environmental component with an assistance of professional institutions. For instance: an air pollution impact zone can be determined by the dispersion direction, scale, distance or remoteness of the air emitted from the mine and the impacts on animals by their resettlement and movement in that zones or the impacts on flora by scale or magnitude of the plants. 63 Review of the Tavan Tolgoi Environmental and Social Management System 12. There are a OHSE department, seven environmental officers within it. The senior specialist works in Ulaanbaatar office and other six officers work onsite by two shifts. It is appropriate to improve employees’ qualification, involve them in professional training on regular basis, do detailed work arrangement/assignment, provide them with the equipment and device and introduce an environmental management complex system and its implementation unit should be separate from the OS department in the organizational structure. For example: Every business entity and organization need to implement environmental internal audit within the recent introduction of environmental audit in the country. Due to this requirement, the environmental specialist should be involved in environmental auditor special training courses conducted by the professional training centers in 2015. When the environmental activities are stabilized, the unit in charge of environmental policy can be reunited with OS department. 13. There is no environmental legislation database and monitoring on related law provisions has not been conducted. Legal compliance audit is conducted within the environmental audit and in order to implement, an experienced professional institution should be selected for it. 14. Human resource plays a key role to maintain a complete implementation environmental management system within organization. However, the company pays considerable attention on this circumstance, but consideration of qualification of newly hired employees, orientation to work, and involvement in continuous trainings are not well enough. In particular, a general name of position “environmental specialist” is written on the job description. Subsequently, the goal, objective, tasks, and applicable rule and regulations, scope, and performance indicators must be changed. What is more, the basic requirements of qualifications as ecologist sand biologists are narrowing job opportunities for professional staff. Other natural science qualifications like soil surveyor, hydrologists, climate experts, geographer etc. are not included in the job description. Figure 4.5: Job description of environmental officer of the Environmental department 15. The DEIA report prepared in 2011 was highly considered the mining operation. DEIA has not been developed for the activities of auxiliary facilities such as workers’ camp, transportation road, electrical transmission lines, maintenance shop and Fuel station. 64 Review of the Tavan Tolgoi Environmental and Social Management System Consequently, environmental impacts cannot be determined completely throughout the mine. The DEIA must be undertaken in accordance with the law in 2015. 16. The problems on storage, transportation and sterilization of hazardous materials -lubricating materials are extremely uncertain. As of now, they are stored or positioned strictly on ground without any protection. Hence, Store or place hazardous wastes-lubricating materials in the cemented, geo-membrane or rubbery sites surrounding fences, that water- resistant layered and protected from seepage. In a case of hazardous waste spillage, the neutralizing and sterilization substances should be handy. Figure 4.6: Storage of lubricating materials 17. As coals in the coal storage area are blown up by wind, so the surrounding environments are polluted. It is impressive to install wind protection walls to neutralize wind speed, which is the main cause of pollution. Figure 4.7: Coal storage of the company 18. Numbers of the environmental device and equipment, currently used by the environmental specialist are not sufficient, there were no operational manuals and the verification has not been made. Operational manuals of each device must be prepared in native language and operation notebook be recorded. Besides, the devices must be verified by the Standardization and Metrology Agency and Environmental Metrology Laboratory. Otherwise, it is hard to believe the accuracy of the measurement results by uncertified devices. 65 Review of the Tavan Tolgoi Environmental and Social Management System Figure 4.8: Measurement devices 19. There is no EMP on environmental components; so it was observed that the environmental activities are nonsystematic. This is not the EMP, developed by the Ministry of Environment and Green Development (MEGD), a short, medium, long-term management plan for the each specific environmental component should be designed. Planned tasks, targeted outcomes, required work force, device and equipment, budget, time estimation etc. shall be outlined in this plan. Accordingly, calendar plan and action performance plan should be developed. 20. The function and intended use of the maintenance repair shop is not satisfied. Large heavy techniques are used in the mine, but the capacity of the shop is not sufficient to contain these techniques and equipment. As a consequent, it needs to reconstruct the shop or accommodate the capacity with size of the heavy mining techniques and working condition for maintenance worker while relocating. In addition, lifting equipment for handling oversized parts of the mining techniques has to be installed in the maintenance repair shop. Figure 4.9: Repair shop 21. Required monitoring studies must be conducted not only in outside but also inside. For example: An air quality monitoring is performed outdoor and indoor working places as well. 66 Review of the Tavan Tolgoi Environmental and Social Management System 22. Load per one coal transportation truck is exceeded, accordingly the newly built paved road has been damaged and deteriorated finally it was unable for the heavy trucks to travel. Thus, the built road can be fully used as maintaining load amount per one truck pursuant to the applicable norm and accomplishing permanent control over loaded trucks while their travelling on the road. If the road circumstance continues in the similar manner, the environmental and social problems related to transportation dust will be often raised. Figure 4.10: Coal transportation and road condition 23. Biodiversity, of which study of fauna is nearly remained. Therefore, a study on this field needs to conduct. 24. As the heads of other departments have no clear understanding on environmental aspects, the environmental officers are mobilized in indirect tasks by other’s assignment. Then the planned tasks are postponed and the seasonal tasks left behind not implementing. Understanding of some managers on environmental protection is limited as the planting trees. In order to improve their knowledge and awareness of environmental aspects, short term or half day training should be organized among the company management. 67 Review of the Tavan Tolgoi Environmental and Social Management System CHAPTER V. ENVIRONMENTAL AND SOCIAL MANAGEMENT IMPROVEMENT 5.1 Social policy study and recommendations Tavan tolgoi mine deposit has grown into a haunt and a major trade and business service- providing region from the gobi small soum. Subsequently, positive and negative issues in the soum’s social life have been arosen due the expansion. The population growth is expanding the market capacity and many public service places such as shops, public catering, hotel, and maintenance and repair center have been established. As a result, of many people have jobs and income. The people have been migrated from the every corner of the country and they earn their living as running their own businesses. In addition to, coalmine entities have made significant contribution to the soum development and living of the local residents and invested in certain sectors. They signed memorandums with the local administrative organisations and are cooperating within these understanding and scopes. SWOT analysis in social and economical condition in Tsogttsetsii soum Table 5.1 Strengths Weaknesses Threads Opportunities • Tavan Tolgoi • Shortage of high • Adverse impacts to • The population coking coal skilled personnel to the residents health growth is allowing to deposit with work in local minings; because of the dusts expand the business enormous produced by coal services such as • Poor delivery of the resource; mining and trade, public government service transportation; catering, hotel and • Market capacity towards the maintenance repair expansion population • Risks to centers; followed by the environment, graze • The living of the local population fields of animal and • Opportunities to residents and the all immigration; livestock and their develop family, types of services, movement by the small and medium • Most of local industries and transportation roads size enterprises; residents support commercial the operation of businesses depend on • Negative impacts to • The local population the mining entities coal price fluctuation traditional cattle- can be provided with only; breeding and herders work places by their • The local psychology; superiority; governors • Shortage of work maintain the place for women; • Possibilty of arising • Availability to solve operation of the protest or resistance some local social • Poor delivery of social mining entities; by the native issues with the services such as inhabitants /not support of the mining school, kindergarten immigrated/ and the entities and hospitals; herders; • Enable to provide • Lack of • Possible with goods, products correspondence unemployement between the mining increase and work 68 Review of the Tavan Tolgoi Environmental and Social Management System entities /three stoppage drived from and services to the companies/ on local coal price in the mining entities; development and world market environmental sector; • Potential risks to • No planning and increase crime and urban development traffic accidents; for Tsogttsetsii soum The research team developed the recommendations to improve the social indicators in the following sectors. Herein: Public relations and advertising: 1. Since the public awareness and attitude towards Erdenes MGL is poor, Public relation /PR/ complete plan is to be developed and implemented. 2. Interrupt to gain information about the company by word of mouth. The main source to get information for the local residents is television. Therefore, it is essential to maintain permanent broadcasting of target TV program and news, current events via news programs. For example, there are no environmental information and news on the company website as of 28th of November 2014. Also being no social pages such as Face book, twitter and unclear whether they cooperate with the local social media indicates there is noncompliance in this field. Subsequently, information toward to public community should be enhanced through the company official website, social pages, periodic publications, and toll television throughout the local area and the country and the actual cooperation. 3. Investing in many small projects within the memorandums to cooperate with the local state administrative orgasitions and corporate social responsibility is not permanently informed to the citizen and their outcomes are not visible. That is why, investment in the tangible things /operation, construction and infrastructure/ which are visible with citizens’ eyes requires; Improvement of environment protection and coal transportation: 4. Present and make public the environmental impact assessment reports of coal mining to the citizen, information on mining rehabilitation and the environmental protection plan to mitigate and eliminate adverse impacts derived from mining operation; 5. The residents of Tsogttsetsii outlined the most urgent issue was “dust”. Therefore, an utmost consideration is required to eliminate dusts produced by the mining and its operation, introduce new dust suppression technologies and present them to the citizens; 6. Build a paved road from the soum center to the mining camp. Road construction has great importance to eliminate the dusts. 7. Pay an immense attention to the coal transportation and maintain the coal truck travelling on paved road. Cooperate with Energy Resources and local Tavan Tolgoi to 69 Review of the Tavan Tolgoi Environmental and Social Management System introduce railway in the future and actively participate in facilitate the railway project with Government and related organisations; Measures to be taken for herder families: 8. Pay an extreme attention on herders’ families settled in the area upto 10 kms nearby the mining field and along the coal transportation road. Regarding to this matter, develop a plan and initiate proposal with Energy Resources and local Tavan Tolgoi; 9. Study possibility to and obey a regulation on compensating the herders by particular percentage of expenses for their resettlement of winter and spring cattle sheds as of mining adverse impacts, eventhough the area is not included in the impacted area due to related legislation; 10. Give the herders prudent understanding of mining operation and change their attitude; Maintain education and health: 11. The scholarships should be granted to the certain numbers of students on the basis of a policy, program and criteria that specially developed, public announcement and competition and enrollment by the company not upon the local governors’ request when paying tuition fees of local students; The practice of Energy resources showed that setting the criteria of grade point average extremely high makes the residents objection in reverse. Thus, strong consideration should be taken to establish the criteria; 12. Consider whether the company can assist to construct an extension for secondary school, kindergarten of the soum and enlarge their capacity and solve it; 13. Support to soum human resources capacity buildings particularly, teachers and physicians and involve them in trains; 14. Paying particular attention to maintain the health organization will receives the citizens’ gratitude as observed from the survey participants speech. Providing the local residents with work places and maintain the social vulnerable population of the soum: 15. Both the local residents and the representatives of the company agreed that the ETT had one-step back on providing the local resident with work place. Subsequently, adopt a policy to employ more local residents through mentoring and involvement in trainings, in vocational training centers and internship. 16. Entitle the local camp administrator, human resource associates to recruit /reconsider and improve the system to make a decision on new recruitment only in the head offices/ the candidates from the local community; 17. Explore and implement the ways to employ the locals through setting a criteria for the public catering service provider entities to train and hire them; 18. The local governors and residents said there were considerable numbers of families with elder, disabled and valetudinarian members and at the level under living standard among the soum native inhabitants. Hence focus on contribution in living of the social vulnerable families and citizen; 70 Review of the Tavan Tolgoi Environmental and Social Management System Employees’ social problems: 19. Accelerate a plan to construct apartment blocks for the employees avoiding the future possible social adverse impacts derived from keeping the employees in camps away from their families; 20. Solve the work place issues for the immigrant workers’ families and their wives whose husbands work in the coalmine with the local state administration and other two mining entities completely. 21. Cooperate with the local administration, citizen and entities to develop the small and medium size enterprises followed by mining. Provide locals an opportunite to them the procurement superiority based on certain criteria. For instance, as maintaining the sewing factory for work and personal protective clothes, both the soum work places and vacancies for the miners families and wives will be able to increase; Close cooperation with the state administration organizations: 22. Regularly renew and obey the “memorandum of cooperation” with local governors on annual basis; 23. Support and cooperate with the local government service providing organizations as possible as can. Especially, encourage the traffic police division’s activities and enhance the control over the transporters and drivers together and so forth; 5.2.Environmental Impact Assessment control and recommendation on reducing adverse impacts While examining environmental impacts of open pit of East Tsankhi, positive and negative aspects, soil, biodiversity, air, water, as well as main and potential impacts have been covered. It was based on the DEIA report, designed by “IkhAilchin” LLC in 2011, in addition the impacts not specified in this report, their preventive and mitigating measures were included as marked +. The impacts are classified as the following 3 phases. 1. Mine phase 2. Mine closure phase 3. Mine post closure phase Environmental potential impacts for those phases have been determined, and their preventive and mitigating measures have been outlined as well. The environmental impacts and preventive and mitigating measures have been specified in the previous DEIA report as below. Impacts reflected in the DEIA report 71 Review of the Tavan Tolgoi Environmental and Social Management System Table 5.2 Mitigating No Environment Impact Preventive measure measure Mine phase Potential 5 0 3 1 Soil Main 5 2 6 Potential 1 0 0 2 Biology Main 0 0 0 Potential 0 0 0 3 Water Main 0 0 0 Potential 5 5 3 4 Air Main 2 5 3 Mine closure phase Potential 1 0 0 1 Soil Main 2 1 3 Potential 2 0 0 2 Biology Main 0 0 0 Potential 1 0 0 3 Water Main 2 0 0 Potential 1 0 0 4 Air Main 3 2 3 Mine post closure phase Potential 1 0 0 1 Soil Main 0 0 0 Potential 0 0 0 2 Biology Main 0 0 0 Potential 0 0 0 3 Water Main 0 0 0 Potential 0 0 0 4 Air Main 0 0 0 If concluded as above, the impacts of the mine phasehave been dominated, but impacts of the mine closure and post mine closure phase reflected less in the report. In our observation, the report focused on soil and air quality more, but less considered the biodiversity and water. The following environmental impacts, their preventive and mitigating measures are additionally involved upon the action planning, illustrated in above table. Impacts, determined in addition Table 5.3 Mitigating No Environment Impact Preventive measure measure Mine phase Potential 1 5 1 1 Soil Main 7 4 0 Potential 1 2 3 2 Biology Main 3 3 2 3 Water Potential 3 1 1 72 Review of the Tavan Tolgoi Environmental and Social Management System Main 2 1 1 Potential 0 1 1 4 Air Main 2 0 0 Mine closure phase Potential 2 1 2 1 Soil Main 4 3 2 Potential 1 2 2 2 Biology Main 1 1 1 Potential 0 1 1 3 Water Main 4 2 2 Potential 0 1 1 4 Air Main 0 0 0 Mine post closure phase Potential 2 1 1 1 Soil Main 3 1 1 Potential 2 1 1 2 Biology Main 2 2 1 Potential 2 1 0 3 Water Main 0 0 0 Potential 2 1 1 4 Air Main 2 1 1 If illustrating in a combined way of previously conducted assessment and additional action plan: Combined impacts Table 5.4 Mitigating No Environment Impact Preventive measure measure Mine phase 1 Soil 18 11 10 2 Biology 5 5 5 3 Water 5 2 2 4 Air 9 11 7 Mine closure phase 1 Soil 9 5 7 2 Biology 4 3 3 3 Water 7 3 3 4 Air 4 3 4 Mine post closure phase 1 Soil 6 2 2 2 Biology 4 3 2 3 Water 2 1 0 4 Air 4 2 2 73 Review of the Tavan Tolgoi Environmental and Social Management System Environmental impacts during the mine phase and their preventive and mitigating measures Table 5.5 Soil Impact Preventive measure Mitigating measure - Soil erosion + Prevent the construction area from - Perform restoration work in the impacted - Geology deformation rainfall and flood and build dams in areas during the construction work. - Mechanic erosion during soil stripping, quality changes in all sides where the water can come - Study on land surface erosion and soil chemical and physical characteristics, geomorphic into degradation characteristics and parameters during construction may cause soil erosion and + In order to prevent soil contamination certification for soil characteristics and natural beauty can be varied from lubricating materials, ensure the quality shall be carried out once per year. - Soil can be contaminated because of oil leakage from integrity of transportation vehicles - Classify and use topsoil stripped from the Vehicles, automotive and household and liquid wastes parking area, routes. The road construction areas thrown away by the employees maintenance and reconstruction work + Take preventive measures against soil - Air pollution may cause soil contamination contamination from household wastes Potential impact Adverse should be performed. + Solid and liquid wastes, petroleum and petroleum products. Ensure its products should not be disposed at implementation and maintain control the construction site and nearby areas. + Take soil samples and make testing by professional institution + Eliminate air pollution + Maintain and improve the condition of the coal transportation road + All findings collected during the monitoring studies are useful for research work on Gobi soil and they are Positive contributing to have more understanding on the soil characteristics in the harsh condition. 74 Review of the Tavan Tolgoi Environmental and Social Management System - Loss of valuable andfertile soil - Maintain protection and install - Restoration works of soil erosion and - Natural deformation fencing surrounding operation areas degradation nearby mine site has to be - Deformation not only in land shape, view, but also in the and the mine site reflected in annual environmental structure - Store the fertile soil of the mine site reclamation plan and implemented in - Wind, water, iceandgravity forces can cause soilandrock areas in outdoor stockpiling; accordance with applicable standards. degradation furthermore reuse it for biological - Maintain an implementation of measures - Contaminate from hazardous substances and wastes rehabilitation, pasture and plantation. to prevent soil contamination from Prevent from soil weathering household wastes and petroleum + Occur erosion and sedimentation + Create boundaries in the areas where products and put control over it. + Collapse of natural habitats for some animals the plant degradation occurs or non- - Fertile soil from soil stripping areas Adverse + Lack of surface plants cover/ cuticles occur. should be piled separately and used them Main impact + Slope instability + Do not allow the access of non- in rehabilitation. + Shortage of land surface resources related machine techniques in the - Create soil stockpiling properly due to + Shortage of minerals and their stores areas, where the plant cover is not the Mine plan degraded - Requirements for soil storage in long + Installing fences in the area is term should be specified in the Mine plan important to protect the natural plants - Coal transportation roads routes shall be and restored plants. approved on the basis of agreement with + Prevent soil erosion from creating related local governors many branch roads and put signs. + All findings collected during the monitoring studies are useful for research work on Gobi soil and they are Positive contributing to have more understanding on the soil characteristics in the harsh condition. Biodiversity Impact Preventive measure Mitigating measure - Animals and birds can flee + Prior to mine, biodiversity detailed + The issues of ensuringspringsrestoration Potential impact investigation is to be carried out and shall be included in the biodiversity Adverse + Plantspeciesmay degrade and grind, then becomeextinct potential risks to be assessed, on this protection plan in order to maintain the within this area. sustainablegrowth of the animals 75 Review of the Tavan Tolgoi Environmental and Social Management System basis preventive actions to be + Implement comprehensive measures, planned. planning and arrangements to minimize + Prevent the animals from fleeing the the biodiversity impacts with the natural habitat presence of Non-Government Organizations + Enhancepossibilities of local environmental protection officersto work proactively/communication, transportation, economical intensives/ Positive + Natural animals may flee and plants and soil pests, insects + To commence operation after taking + Enhance possibilities of local may become extinct because of the population density, road, preventive measures to adapt the environmental protection officers to mine and blasting noise wildlife in proper balance work proactively /communication, + May cause a change of locations of the open water points, + Take measures to study and protect transportation, economical intensives/ Main Impact then it can lead to resettle the animals to another watering soil and plants components and take + The issues of ensuringspringsrestoration Adverse points as a result of project into account the issues of not firing shall be included in the biodiversity + saxaul, replant the natural trees and protection plan in order to maintain the + During soil stripping, inspects and creeping animals may shrubs for restoration. sustainablegrowth of the animals become extinct or flee + Take measures for avoiding loss of location of watering points and areas Positive Water Impact Preventive measure Mitigating measure + Mine rock drainage or toxic outflow may flow in the + It is essential to reflect the issues in + Conduct a water monitoring study on surrounding areas. the manner of not causing less harm regular basis, in a case of contamination Potential impact + Ecosystem along the flow and/or below the mine areas may to water environment, groundwater, and degradation, related restoration and Adverse affect and it can nearby surface water system as mitigating measures should be taken resultinalackofwatersupplytothelocalcommunity. possible in EPP and prevent from + Possible reactions adverse impacts inwasterockcancontaminatesurfaceandgroundwaterresources. Positive 76 Review of the Tavan Tolgoi Environmental and Social Management System + Transportation and storage of various hazardous chemicals + It needs to install flood protection + Minimize adverse impacts by the means such as fuel, oil, lubricants, cleansing chemicalsexplosives, dams and trenches surrounding the of performing actions for example Main impact solventsandpaintsin operation and production activities of mine site, in addition to avoid using reusing the groundwater and seepage Adverse the mine any hazardous chemicals and to obey water for watering mine areas during + The mine site may fill with flood, furthermore it can cause applicable instruction and procedure mine phase. obstacles in mining operations and contaminate the if uses. surroundings Positive Air Impact Preventive measure Mitigating measure - Dust emission during soil stripping - Improve the conditions of constant - The level of dust and other air pollution - Huge dust and great noise are generated from drilling, use roads and car parking areas of parameters shall be measured at the blasting andthe holes, pitsanddumpscreated by mining can mine camping and mine and pave chosen points atregularintervals. In a cause aconstantsourceofdust inwindyconditions. Air is them case of the measures results exceed than polluted - Water the coal transportation roads the allowed contained volume, - Air can be sizably polluted while loading the stripped soil by depending on weather implement prompt measures to minimize excavator into auto dump trucks - Accumulate the mine seepage water - Measures to eliminate and minimize - Mining operations have a significant impacts on air qualityin and investigate the opportunity to use potential impacts on air quality during Potential impact the ways of burningoffossilfuels, excavation and drilling and it for watering roads against air dust. the construction and further activities of construction of the camping Take related implementing measures the project shall be reflected in EPP and Adverse - Dustsandsmoke emitted from the internal combustion engine - Blasting should be conducted in environmental monitoring and evaluation can affect air quality of thenearbythemine. connection with weather condition program of the project - Use efficient stove and smokeless fuel - Air samples should be examined, air for heating the staff temporary pollution be determined in planned facilities period. Take related measures accordingly. + Remove household wastes shortly and make disinfection in disposal or + Take measures to filter and clean waste points in regular basis, prevent poisonous smoke emitted from mining from poor odor, which causes the air machine and mechanism chimney until pollution. permissible level 77 Review of the Tavan Tolgoi Environmental and Social Management System Positive - Dust generated from travelling vehicles is released along the - To water soil and transportation road - To observe the dusts in the mine site and transportation road and below areas of the wind depends on weather get samples from the work place and - Dust and poisonous fumes generated from combustionengine - Accumulate the mine seepage water conduct related monitoring study function of heavytruck, mechanismandequipment and investigate the opportunity to use - Create a proper stockpiling model in it for watering roads against air dust. order to minimize dust emitted from soil Main impact + Coal coarse culm generated from the mining is hugely Take related implementing measures stockpiling because of strong wind. Adverse released in the air - Blasting should be conducted in - To compact dry loose soil andcover with + Coal fine dust will spread throughout the mine areas by wind connection with weather condition gravelor plant - Use efficient stove and smokeless fuel for heating the staff temporary facilities - Protect lubricants from evaporation Positive 78 Review of the Tavan Tolgoi Environmental and Social Management System Environmental impacts during the mine closure phase and their preventive and mitigating measures Table 5.6 Soil Impact Preventive measure Mitigating measure - Soil can be contaminated because of oil + Remove household wastes shortly and + Develop and implement a waste leakage from vehicles, automotive and make disinfection in disposal or waste management Potential impact Adverse household and liquid wastes thrown points in regular basis + Minimize an air pollution away by the employees + Air pollution may cause soil contamination + Provide an opportunity for soil and plant Positive to be restored - Loss of surface plant cover - Restoration of plant cover, and plantation - Fertile topsoil and less fertile soil should - Contaminate with hazardous waste and works should be performed in the areas be covered and levelled in the levelled, wastes where construction and facilities were slope and formed areas. built - To compact dry loose soil and cover with + Cause an erosion and sedimentation + Use the native plants, shrubs of the area and select the viable native plants can be gravel or plant + Collapse of natural habitats for some Main impact animals restored and prepare the seeds preservation - Develop and implement a mine closure Adverse + Take various measures to prevent plants plan outside the construction area and roads from degradation and install fence where + A land formation design should be requires and do not allow vehicles to designed and implemented in the travel through place where the plant technical and biological rehabilitation of covers are not degraded plant used to outdoor stockpiling rehabilitate the topsoil stock pile is stored in abufferare a topography 79 Review of the Tavan Tolgoi Environmental and Social Management System + The fertile soil stockpiling for plant + Create a proper stockpiling model in restoration should keep the land surface order to minimize dust emitted from soil formation of the surrounding area stockpiling because of strong wind. + Provide possibility to have the first form of the degraded soil and plan covers Positive + Stockpiles and quarriesare being reduced, eliminated and restored. Biodiversity Impact Preventive measure Mitigating measure - Animals and birds can flee + Implement comprehensive measures, + Organize activities such as resettlement - Pastures can be degraded planning and arrangements to minimize of animals, open a gateway, attract the + Plantspeciesmay degrade and grind, then the biodiversity impacts with the animals fled to the another place with the Potential impacts becomeextinct within this area. presence of Non-Government other companies Adverse Organizations + Implement comprehensive measures, + To open up a circumstance for the fled planning and arrangements to minimize animals from the impacted zone to return the biodiversity impacts with the back the natural habitat after mine presence of Non-Government closure Organizations Positive + Natural animals may flee and plants and + Implement comprehensive measures, + Implement measures to adapt Main Impact soil pests, insects may become extinct planning and arrangements to minimize biodiversity in the area and maintain an Сөрөг because of the population density, road, the biodiversity impacts with the adjust protection mine and blasting strong noise presence of Non-Government Organizations Positive Water Impact Preventive measure Mitigating measure 80 Review of the Tavan Tolgoi Environmental and Social Management System - Various hazardous chemicals such as + It is utmost important to manage to + Main criteria to mitigate impacts on fuel, oil, lubricants, cleansing theissues related to solve and dispose the groundwater is the well-developed Potential impact chemicalsexplosives, solventsandpaints chemical hazardous waste outside design and arrangements of the structures may affect water pollution environment not causing harm to the such water pipelines of the buildings, in Adverse population and environment for the addition, effective and economical mine companies. The Government and operation, and the monitoring measures. community control over wastes also plays a key role. Positive - Immense contamination of soil and rock + It is utmost important to manage to the + If there are any direct and indirect environment may cause negative impacts issues related to solve and dispose the impacts on surface and groundwater Main impact on water chemical hazardous waste outside quality because of project activities, an environment not causing harm to the erosion and sedimentation control Adverse + Level of groundwater may be lowered population and environment for the management, monitoring and evaluation + Lowering of groundwater level leads to mine companies. The Government and and implementation control, remediation dry up the nearby surface water – springs community control over wastes also plan and programs shall be implemented. and well plays a key role. Air Impact Preventive measure Mitigating measure - Wastes and lubricants may cause air + Transport and store wastes and lubricants + It requires to plan and organize a mine Potential Impact Adverse pollution in proper way closure in detailed and to leave themined area without liquid, solid wastes Positive - Sizable dust generation from - Conduct activities related to weather - Detailed mine closure plan and well Main impact transportation of piled soil condition organization is required Adverse - Dust emission from compaction and - Dump the mine site - Coordinate mine closure with weather levelling work - Remove and transport the generated wastes properly 81 Review of the Tavan Tolgoi Environmental and Social Management System - Poisonous fumes and smoke emitted from transportation vehicle and techniques Positive Environmental impacts during the mine post closure phase and their preventive and mitigating measures Table 5.7 Soil Impact Preventive measure Mitigating measure - Soil can be contaminated because of oil + Maintain a constant environmental + Implement the EMP and Environmental leakage from vehicles andautomotive protection and prevention activities Monitoring and Evaluation Program Potential impact Adverse during mining and mine closure phases (EMEP) in accordance with the applicable laws and regulations + Provide possibility to have the first form of the degraded soil and plan covers Positive + Stockpiles and quarries are being reduced, eliminated and restored. + Degraded soil, various chemicals, + Maintain a constant environmental + Implement the EMP and EMEP in lubricants, household and other wastes protection and prevention activities accordance with the applicable laws and Adverse saturated in soil during mining will have during mining and mine closure phases regulations Main impact certain impacts on environment after the mine closure + Amount of dust will be reduced as travelling of mining machines and Positive techniques is stopped + No more noises Biodiversity Impact Preventive measure Mitigating measure 82 Review of the Tavan Tolgoi Environmental and Social Management System + The animals and birds fled because of + Create a suitable situation for fled + Organize activities such as resettlement mining and noise may not come back animals to return back to natural habitat of animals, open a gateway, attract the Potential Impact Adverse after mine closure animals fled to the another place with the other companies + The fled animals may come back and relocate there as the pasture and plants Positive have being restored since the mine closure + It is impossible to restore the natural first + Investigate the basic circumstances of the + Conduct a biodiversity study and form by 100% after mining and its environment and implement the monitoring, develop a biodiversity closure. Moreover, natural harmony of restoration work which enables to make protection plan and implement them with interdependence of components of closer its first form in accordance with other environmental protection Adverse plants, animal, water and soil will be the applicable procedure after the mining organizations Main impact lost, and then environment deterioration + Take measures to prevent nearby animals can be getting worse. from fleeing and becoming extinct as possible. + In a case of conducting the mine closure and rehabilitation works well, the plants Positive and pasture restoration will improve. It makes the condition more decent and livable for animals Water Impact Preventive measure Mitigating measure + Water environment polluted in mining + It needs to implement an erosion and period may affect water quality sedimentationmanagement control in the Potential Adverse project area and EMEP, intermediary impacyt program to control the implementing measures 83 Review of the Tavan Tolgoi Environmental and Social Management System + There will be no more risk to cause water Positive pollution because of mining various activities after mine closure Adverse Main impact Positive Air Impact Preventive measure Mitigating measure + If plants are not restored well after + Perform a restoration and plantation + Perform a restoration and plantation rehabilitation, dust will release in a work in accordance with the standards work in accordance with the standards Potential impact Adverse strong wind that may cause air pollution and procedure and procedure + Air pollution will be less than the mine Positive period. Air will be refreshed. + After mine closure nearby soil will be + Keep a humidity by constant watering + Perform a restoration and plantation Main impact Adverse loosen, accordingly enormous dust will after plantation work in accordance with the standards release in the area and procedure + Air pollution will be less than the mine Positive period. Air will be refreshed. 84 Review of the Tavan Tolgoi Environmental and Social Management System 5.3. Environmental management system and structure Current situation: For ETT, the unit in charge of environmental aspects has following structure. Stakeholder Nominating Committee Office of the Board of Directors Board of Directors Compensation Committee Audit Committee Internal Control and Risk Management Department CEO Office of the Audit Committee Vice Director (VD) for Finance VD, Project and Infrastructure & Investment VD, Operations Management Investm Account Sales, Procurem OHSE Mining HR and ent, ing marketing ent and strategy planning Mining depart Administratio depart and supply , departme ment plannin n department ment logistics economi g departme nt cs O L A M C C W O c o d ai o o R p at c m nt al n o er gi er u in e h st a at p st is n a ru d s in at ic tr a n ct pr u g io at n dl io oj te te p n io c in n e a a al n e g a ct pl m s m u te a n y af ni a n d pr Mine General Manager Mine transportation, Mine administration Maintenance OHSE manager Mining manager logistic manager manager manager , Occupational Environmental Emergency Document Medical staff Safety trainer Safety officer Labour Food hygienist officer officer clerk Hygienist Nurse ambulance driver Rescuer driver-rescuer Figure 5.1: Current structure the department in charge of environmental aspects 85 Review of the Tavan Tolgoi Environmental and Social Management System In other words, HS and Environment one Department will function under the Vice Director for Operations Management within the corporate governance. Initially it was assumed to have one position for environmental officer at the mine site. Later in relation with the union of some departments of the East and West Tsankhi, the department is reorganized as a combined ways in Occupational Safety, Environment, and Hygiene. There are 7 specialists in charge of environmental aspects, of which 1 senior specialist works in Ulaanbaatar office, rest six are working onsite by two shifts. Information of the environmental officers of the Occupational Safety department. Phone No Surname First name Sex Position Qualification Education number Environmenta Post graduate 1 Batbaatar Orgil Male Land Tenure 99064609 l officer Master degree Environment Environmenta Under graduate 88008478 2 Tsendjargal Burenjargal Female Monitoring and l officer Bachelor degree 91117710 Evaluation Environmenta Natural science Under graduate 3 Oyunbat Unenhuu Male 89030098 l officer teacher Bachelor degree Environmenta Production Post graduate 88118615 4 Baatar Bolor Female l officer ecology Master degree 99933316 Industry Environmenta Under graduate 5 Munhdelger Gerelt-od Male ecology 89192087 l officer Bachelor degree engineer Environmenta Environmental Under graduate 6 Altsuh Azzaya Female 99281160 l officer engineer Bachelor degree . Human Resource Associate ………….. S.Odontsatsralt /signed/ Their involvement in the trainings: ∼ B.Orgil Research field: Mining reclamation/rehabilitation. Master degree in Khukh city, Republic of China ∼ B.Bolor Research field: Mining ecological assessment and reclamation Master degree, Mongolian University of Science and Technology ∼ A.Azzaya Research field: Reuse of gray water, Bachelor degree in Shanghai As outlined in above figures, the retrain or specialization process of the environmental staff and unit within this corporate governance and mining organizational structures is not qualified in current situation although the numbers of the specialists are satisfied. In consequently, the following management system, its implementing structure components and relevant addressed issues are recommended as below. 86 Review of the Tavan Tolgoi Environmental and Social Management System Environmental management system The internationally obeyed classic model of environmental management system is recommended to use in ETT East Thankhi coalmine in order to improve its environmental management system. Figure 5.2 Environmental management system model The above environmental management system model is the cycle shaped and nonstop continuity process and it consists of 14 stages. Herein: 1. Environmental policy ∼ Nature and environmental impact ∼ Commitment to improve ∼ Legal aspects 87 Review of the Tavan Tolgoi Environmental and Social Management System The proceses to establish the environmental policy along with defining possible environmental impacts derived from mining operation, controlling any activities with adverse impacts and formulating and complying with an internal rule and regulation to mitigate and studying the international and national law and legislation acts are consisted of within this stage. 2. Planning ∼ Define the environmental aspects ∼ Activities ∼ Product and services ∼ Procedures control It requires defining environmental key indicators of the project location accurately and conducting basic study, consequently, planning activities, production and services and establishing procedures control at this stage. 3. Objectives and targets ∼ Set measurable targets ∼ Establish a time frame ∼ Anti-pollution measures ∼ Legal compliance As far as applying the objectives and targets can be measured as a quantity and quality manners within the environmental management system, and a time frame is to be established, anti- pollution measures are planned and legal compliance should be maintained. 4. Resources ∼ Defined responsibility ∼ Location ∼ Cost and expenses ∼ Human resources At this stage, the human and financial resources and planning aspects need to be considered and solved some issues such as assigning specialists in charge of specific environment aspects and allocation of them concerned work responsibility and sorting out the dynamic and static expenses issues required for meeting job description and obligations. 5. Awareness ∼ Competence, practice and knowledge ∼ Training ∼ Communication It is vital to involve the employees in regular trainings in order to promote the competence of organization environmental officers and imply the environmental policy. Moreover, procedures of getting permits from the environmental department and informing them must be 88 Review of the Tavan Tolgoi Environmental and Social Management System clear in connection with appropriate management of communication methods and activities between the environmental officers. 6. Communication ∼ Intenal ∼ External ∼ Media Developing policy and plan on both internal and external communication and public relations via media is essential. 7. Documentation and control ∼ Policy and procedure ∼ Records ∼ Status ∼ Preservation All above processes including procedures, policy and plan need to be verified in writing and regularly recorded the arisen circumstances and stored properly. 8. Operational control ∼ Identify aspects and impacts ∼ Absence planning ∼ Operating criteria ∼ Environmental impacts After the project commencement, environmental aspects and impacts to affect need to be reviewed through permanent monitoring. In addition, if there are any planning error and missing items, the corrective plan against those absences must be formulated. Thus, the criteria for assessing an environmental protection and anti-pollution actions need to be set out. 9. Emergency planning ∼ Assessment ∼ Planning ∼ Prevention ∼ Testing Developing an emergency planning is required except the planning for the normal operating condition after the project commencement. It consists of from the definition of emergency, setting of protective measures, and procedure of testing before and after emergencies and so on. 10. Monitoring and measurement ∼ Objectives ∼ Key performance indicators 89 Review of the Tavan Tolgoi Environmental and Social Management System ∼ Testing and calibration ∼ Verification cycles ∼ Compliance The short and long-term monitoring programs and their key performance indicators or key elements are designed in order to control the adverse impacts and positive effects, scale and line of activity. The monitoring program contains not only measurement and testing methods, operational procedures but also required tools and equipment, review on study findings, testing and approval. 11. Nonconformance ∼ Records ∼ Corrective actions ∼ Preventive actions ∼ Action review and monitoring During the nonconformance or organization’s internal auditing, the all activities performed at previous ten stages are reviewed, any revealed conformance and nonconformance are recorded, and their corrective actions are solved with the presence of the concerned people. Except the nonconformance auditing, the preventive actions and their performance audit is conducted. 12. Records ∼ Storage ∼ Protection ∼ Preservation The related materials on the all actions, decisions at each previous stage must be stored in printed or digital electronic manner and they can be used in the future as an adjustment. 13. Auditing and management review ∼ Audit records and recommendation ∼ Assess compliance ∼ Reports to management ∼ Opportunities for improvement This is the most important stage and the all the measures taken on environmental aspects are reviewed by external professional auditing organizations and related recommendations are given. The environmental auditing system legislated in the law of Mongolia on Environmental protection and it is compulsory to conduct in every two years. During auditing, the project is assessed by the applicable indicators specified in accordance with the national laws and legislations. Moreover, if there is some nonconformance, the recommendation to correct is put forward. 14. Continuous improvement plan 90 Review of the Tavan Tolgoi Environmental and Social Management System Plan to correct the nonconformance, revealed at the preceding stages shall be developed based on the auditing report and conclusion. Corrective actions are taken from the first stage due to the improvement cycle. The policy, plan and activity in ETT East Thankhi coalmine will be considerably improved as implementing the above model of environmental management system. Recommendations on environmental management team We are recommending the structures and members of the environmental management team who is responsible in functioning of the environmental management for ETT East Tsankhi coalmine. The department or team plays a role of developing the organization environmental policy and objectives, implementing and monitoring them. Functioning status within the organization is under the direct management of CEO, which ensures effective operation. A cross-functional level with other departments is recommended. In addition to, it should be organized separately from the Occupational health safety and environmental hygiene (OHS&EH) division is advisable and further can be joined with OHS&EH division when the environmental system operates in proper ways. Figure 5.3 First option for Environmental management division When the above option was created, environmental components, relevant national legislation, policy, plan and audit directions are considered accordingly and this is the strongly recommended one. In accordance with this structure, there are one head, and six specialists. Figure 5.4 Second option of Environmental management division 91 Review of the Tavan Tolgoi Environmental and Social Management System The above factors were taken into account of designing the second option and what is more rehabilitation, soil and land management and was integrated. Moreover, the division is composed of six members, of whom one head of the division and five specialists. Figure 5.5 Ther third option of the Environmental management division The third option of the organizational chart is brief and it can be used for employee reduction. But the option is not suitable for tasks in charge of and the division is composed of 5 members, including one head and four specialists. When the head is respoble for air quality and biodevirsity affairs and it can be similar with the second option. The head of the division will work under the direct management of the CEO in any case of these three options and can be a member of the Board of Directors or Administrative Board. This enhances to present the work performance of the division and be solved the financial affairs. Water management specialist is obligingly required under the organizational chart and this relation acts under the Law on Water. Moreover, the tasks with 107 audit criteria will be implemented in accordance with the job description. Moreover, the waste management specialist is required and the tasks with 101 audit criteria will be performed. The waste management specialist can be responsible for chemical substance matters if requires. However the audit criteria for other position is comparatively less, they should be closely connected with the every day operation and environmental safeguard policies. Specialized training It is necessary to improve current qualification, knowledge, competency of the environmental specialists of the company and get trained them in accordance with the proposed structure. To achieve the requirements, they should be involved in the following trainings: ∼ Every business entity and organization is obliged to introduce environmental internal audit system within the newly developing environmental audit. In order to achieve this target, involve the environmental specialist in environmental audit special training in 2015 and the participantsshould be assigned as internal auditors of the company. ∼ Involve them in postgraduate studies for master degree and specialized trainings due to the proposed work assignments ∼ Involve the senior specialist and the head of the department in EMS training or support to get higher science degree in management field. 5.4.Action plan on environmental and social management system improvement 92 Review of the Tavan Tolgoi Environmental and Social Management System Following EMS improvement planis proposed based on ETT current situation and resources which outlined below and the requirements of international financing institutions, especially which of the World Bank. Any business entities and organizations engaged in industry and services using mining and environmental resources normally develop continuous improvable, closely correlative activities in three time framed as below: ∼ Short Up to 3 years ∼ Medium 3-10 years ∼ Long Over 10 years In addition, the following are considered in areas where activities: 1. Environmental Management System 2. Public participation 3. Environmental mitigation measures As the company has recently started operations, the environmental activities have not systemized and fine assigned yet, therefore following actions are recommended: ∼ 29 high priority measures to be implemented in near future ∼ 7 medium term measures to be implemented on the basis of first outcomes ∼ 3 long term measures to be implemented on the basis of previous achieved outcomes. The implementation of theenvironmental protection policy of the company will improve in medium term of periodas if the above measures are implemented systematically. Moreover, thecompany's environmentalmeasurestobetakenshould not belimited by these, but also maintaining any initiations of the internal departments andspecialists willbe the fundament of enhancing of theEMS. Besides, the implementing period can be changed in relation with the company finance and management. In the execution of the project engineers and technical staff with feedback and advice. Also Tsogttetsii sum workshop will be organized by 44 members. Discussions Erdenes TT policy information on the environmental aspects of how the majority of the participants in that moderately satisfied, and obtained enough said. (Figure 5.6). Most of the participants about the air quality management said it is insufficient and have little understanding of Tsogttsegtsii facing areas are considered to be related to coal dust. 93 Review of the Tavan Tolgoi Environmental and Social Management System Environmental management and organizational systems 10 8 6 4 2 0 Figure 5.6. ETT's environment, participants received information (Environmental management and organizational systems Deputy head of the soum representing participants in the discussion Kh.Gerelmaa gave feedback. She said that “Good afternoon everyone. As a result of the study is satisfied. This project of ETT is focused on the work of local life is so grateful to be a lot of information that has been included. Government policy on the road and coal processing. Only raw coal to enriching the existing plant will include a recommendation is made and this has to be given. The nature of the restoration of the environment itself is used to plant trees. I want in my soum will build Green Tree Wall.” Discussion of the proposal and make a plan of action reflected the recommendations are presented in Table 5.8. 94 Review of the Tavan Tolgoi Environmental and Social Management System Environmental and social action plan to improve the management system Table 5.8 Total Cost Implementation Performance № Actions Goal Scope Responsibility expense Frequency million.tug period Indicator million.tug Environmental management system Short-term activities Environmental As Law on Environment was performance and amended in 2012 онд, Regulation compliance on Environmental Audit was monitoring and approved in 2013 and the mining review shall be operation commenced in 2011, so undertaken and Audit report, All activities an environmental audit is to be Environmental Once in every recommendation to 1 outlined by related to 80.0-90.0 80.0-90.0 2015 conducted as including main and national manager 2 years improve the non- environment supporting activities in accordance independent compliances with the Article 101 of the EPL in professional 2015 institution within the national legislations Determine the groundwater level Quotation Specialist in Install more groundwater and quality price of Proposal for Every year if all well-equipped 2 Mine site charge of 2015 monitoring wells or points of mine scientifically and awarded bidding requires monitoring boreholes water control changes tender Create an environmental space- Create a combined Mine site, its Printed and digital time printed and digital database database and use it impact zones Environmental database, use of 3 15.0 15.0 2016 Once which cover the mine site, its for decision and nearby manager ArcGIS program impact zones and nearby territory making territory Update the environmental Specialists in Determine an When related monitoring and research Monitoring charge of Monitoring renewed 4 intensity of impacts Domestic Domestic 2015 standard is parameters adherence to the points environmental checklist and control amended Mongolian standards aspects 95 Review of the Tavan Tolgoi Environmental and Social Management System environmental pollution Assignments of specialist should be Well assign duties for specialists Prepare qualified Environmental clear in accordance 5 Company domestic domestic 2015 Once in charge of environment human resources manager with proposed organizational structure Involve in trainings Skills, knowledge Involve employees in related to proposed Environmental Each and performance of 6 specialization and professional structure and Company 14.0 2015-2016 Nonstop manager specialist 2.0 specialists must be trainings on regular basis improve their improved knowledge Introduce the Be aware of the proposed system Environmental proposed system and 7 Introduce a complex EMS Company domestic domestic 2015 Once into environmental manager take first steps to policy implement Maintain an The unit in charge of constant implementing environment policy implementation of Board of Establish an unit in should be separate from the Environmental 8 Company Directors, domestic domestic 2016 Once the organizational Occupational safety (OS) protection policy CEO structure department in the organizational and step up the structure company reputation Ensure the legal Environmental Purchase Purchase Create an Environmental legal compliance and Create legal printed 9 Company manager and related related 2015 database prevent from risks and digital database lawyer standards standards and noncompliance Once Renew job descriptions of environmental officer, the Make the Environmental Job descriptions are employees need better employees skilled 10 Company manager and domestic domestic 2015 to be renewed and specialization and stricter and improve the Once lawyer approved requirements for work places are work efficiency required 96 Review of the Tavan Tolgoi Environmental and Social Management System Improve the Operational manuals Quotation accuracy of study must be prepared in Operational manuals, utilization of Environmental price of Proposal for 11 or examination Company 2015 Every year native tongue and environmental device manager awarded bidding findings and verify obtain verification tender certificates Improve the Operational manuals Verification of environmental accuracy of study must be prepared in device and equipment shall be Environmental 12 or examination Company Invoice Invoice 2015 Every year native tongue and made or developed by manager findings and verify obtain verification professional institution certificates Systemize and Short, medium, long term maintain the Management plan is management plans for Environmental Renew on 13 correlation of Company Domestic Domestic 2015 to be developed, environmental components should manager yearly basis Environmental approved and applied be developed and applied protection policy The amount loaded per a coal Solve dust problem The loading amount transportation truck should caused by should be maintained regularly maintain in accordance transportation and Quotation in applicable with the auto road capacity and The Ministry complaints from price of Proposal for standard, a 14 build a monitoring point used for of CEO 2015-2016 Regular local residents and awarded bidding monitoring point be loading period, and then it should Transportation mitigate tender build and cooperate be examined by the independent environmental with independent organization. adverse impacts organization Introduce environmental internal Improve audit system, in order to achieve Involve in training environmental Environmental 15 above, involve the environmental Mine 1.5 10.5 2015-2016 Once and obtain auditor protection manager specialist in environmental audit certificate activities special training Quality control should be taken on Control Agreements made by environmental activities of the environmental Environmental the internal audit 16 Company Domestic Domestic 2016 Regular Contractor companies through an activities of the manager report and the internal auditor of the company Contractors response message 97 Review of the Tavan Tolgoi Environmental and Social Management System Implement additional guidelines to Environmental Increase the scope of 17 reduce the negative effects of EMP EMP upgrade Company Domestic Domestic 2015 Regular manager the EMP in this report Information can be Inform any environmental Ensure an Environmental assessed to citizens 18 activities and reports to the public information Company Domestic Domestic 2015 Regular manager via a website and openly disclosure other ways A worksheet that comprises donor Ensure the environmental Improve organization’s safeguard requirements, specified Environmental Environmental requirements is to 19 in the international financial Company Domestic Domestic 2016 Regular protection policy manager created and institutions’ safeguard policies, and activities monitoring system underlined in this report over its application should be developed Monitoring and Each natural component of short, security policy in a Environmental EMP developed and 20 medium and long-term Company Domestic Domestic 2016 Regular process of manager approved development of EMP systematic The company's environmental Expansion of the Leaders trained management system, the Environmental 21 concept of Company Domestic Domestic 2015 Regular and wider management of short-term or half- manager environment understanding day of training • Carrying coal One late coal loading capacity shipments are goes beyond the machine paved norms road. This has paved the road To keep a truck carrying capacity, and was based load shipments • Use of tracks to be CEO and Paved road stopped on a fault. This coal transport norm Road 22 Environmental Domestic Domestic 2015 improvements • Paved roads to be through the soil, and further, the Soil transport stop transport manager each year improved resultant dust retail volume was Transport-induced not yet fully resolved. Therefore, suppression • Transportation is construction of availability of the done by paved vehicle and ground transport stop road 98 Review of the Tavan Tolgoi Environmental and Social Management System To undertake a DEIA for the The assessment activities of auxiliary facilities Quotation report and EMP such as workers’ camp, Evaluate the Environmental price of Proposal for Renew in approved by the 23 transportation road, electrical mining impacts Company Within 5 years manager awarded bidding every 5 years Ministry of lines, maintenance shop and Fuel properly tender Environmental and station besides the main activity of Green Development the mine Medium term activities In order to determine the Equally integrated environmental divide a cumulative impacts of the Ensure the related quotation companies - ETT, Energy A cumulative impact law enforcement price into 3 or Resources LLC and local TT, assessment report and determine the The above Joint working put imposition where those conduct mining Proposal for Once in every approved by the 24 impacts of each three group by certain In 5 years operation in same location, a bidding 10 years Ministry of companies and the companies portion cumulative impact assessment Environment and integrated depend on should be undertaken with their Green Development cumulative impacts their mining joint efforts in accordance with area and the Article 6 of the law on EIA by timing professional institution Mitigate or eliminate indirect impacts derived Water transportation from water Quotation should be stopped Soften groundwater for drinking Specialist in transportation, and price of Proposal for and groundwater be 25 water in accordance with the Mine charge of Within 5 years Once supply the drinking awarded bidding softened and purified standard water and household tender and distributed in water consumption bottles of the population Develop a site A village, jointly Plan a land use and site layout or Mineral combined layout/ organized with the arrangement which can ensure the surveyor and 26 arrangement and Mine Domestic Domestic Within 5 years Once presence of main sustainability related to long term environmental stop a resettlement company and the mining manager of the facilities Contractors should 99 Review of the Tavan Tolgoi Environmental and Social Management System be established, and voluntary use of the land in the licensed are must be halted Closely coordinate Maintain a constant use of the recommended Usage of the Environmental 27 environmental management system with the Company Domestic Domestic 2018-2022 Regular proposed system manager complex system Environmental should be stabilized policy Channels to deliver Expand a cooperation on complete Enhance a truly environmental matters with the information to the delivery of soum and community, while citizens should be information and Environmental 28 cooperating, maintain a policy Company Domestic Domestic Regular Regular created and the improve the manager directed not only in a level of numbers of works on company governors but also the local the field of reputation community cooperating local communities be increased. Independent audit Conduct national and international should be Audit conclusion, environmental audits and improve performed and Quotation Quotation recommendation and the activities due to their environmental price of Proposal for price of Proposal for reports of performed 29 Regular Regular conclusion and recommendation protection awarded bidding awarded bidding action upon their activities be tender tender recommendation evaluated Long term activities The recommended Application of the Adopt a comprehensive system should be a Environmental proposed system 30 environmental management basis of the Company Domestic Domestic 2022 and further Regular manager must be renewed and system completely environmental adopted policy 100 Review of the Tavan Tolgoi Environmental and Social Management System Maintain a When the environmental activities sustainable are stabilized, the human implementation of resources ate fully prepared and Board of The units can be the environmental 31 these are recognized by audit Company Directors, Domestic Domestic 2022 and further Once reunited protection policy conclusions, the unit in charge of CEO and raise the environmental policy can be company reunited with OS department. reputation Minimize and Plan is to be Develop the mine complete and eliminate potential Environmental approved and 32 partial closures and work on it as environmental Company Domestic Domestic 2022 and further Regular manager implemented one of the guiding direction adverse impacts mine post closure Public Participation Short-term activities Community-oriented periodicals Strategy and Public understanding Corporate social Local 33 and subscription programs, and planning 10.0 30.0 2015 Regular of the operations is responsibility residents expand based on real cooperation department getting better Information on the official website Strategy and Public understanding of the company and society's Corporate social Local 34 planning 10.0 30.0 2016 Regular of the operations is website, subscription broadcast to responsibility residents department getting better expand Medium term activities HR and Training of local communities, The number of Local Administration Establish job Improved human 35 and promote vocational training permanent domestic domestic 2015-2016 residents department resources resource capacity. centers employees exposed HR and The number of Workplace focused on mentoring Local Administration Establish job Improved human 36 permanent domestic domestic 2016-2017 through local community policing residents department resources resource capacity. employees exposed Long term activities Strategy and Improve workers' Budgeted Budgeted Annual Improve worker 37 Build the employee housing Company planning 2015 social status funds funds budgets productivity department 101 Review of the Tavan Tolgoi Environmental and Social Management System Strategy and Local residents in social care, Improve workers' Budgeted Budgeted Annual Improve worker 38 Company planning 2015 education, school construction social status funds funds budgets productivity department Environmental mitigation measures Short-term activities Boreholes, well equipped and Improve sealing of abandoned Protect Specialist in commissioned or boreholes and ensure safety 1 groundwater Mine site charge of 1.0 1.0 2015 Once accepted by internal conditions to keep away from against pollution water and external foreign objects inspection commissions Investigate rain flood flow inside Prevent from flood, Specialist in Research finding, and/or outside the mine licensed identify proper 2 Mine site charge of 7.0 7.0 2015 Once water reservoir site and identify a location of location of water water location water reservoir reservoir Mine impact zones should be Determine space to For each identified by each environmental implement Environmental Impact zone layout 3 Mine environmental 30.0 2015 Once components with a help of safeguard policies manager and report field 5.0 professional institutions Improve scientific Relocate environmental basis of the For each Study report and monitoring study points and Environmental 4 monitoring study Mine environmental 30.0 2015 Once relocated monitoring stockpiling of topsoil scientifically manager findings field 5.0 points if requires Store or place hazardous wastes- Store hazardous lubricating materials in the Protect soil, Quotation Specialist in wastes in a facility cemented, geo-membrane or underground from price of Proposal for 5 Mine site charge of 2015 Once where meets related rubbery sites surrounding fences, contamination and awarded bidding waste issues standards that water-resistant layered and pollution tender requirements protected from seepage Increase capacity of the auto Quotation Auto repair shop Construct auto CEO, repair shop (space) or reconstruct price of Proposal for with bigger capacity 6 repair complex and Company Environmental 2015-2016 Once and install lifting equipment for awarded bidding and lifting equipment build work crew manager heavy parts tender for heavy parts is to 102 Review of the Tavan Tolgoi Environmental and Social Management System be constructed and work crew should be built Quotation Ensure safety and The Ministry price of Proposal for The entire road 7 Repair the broken road protect of CEO 2015-2016 Regular awarded bidding repaired environment Transportation tender Mining areas, Environmental regions Quotation Fauna Officer in Surrounding comprehensive protection policy affected by the price of Proposal for Renew in comprehensive 8 charge of the 2015-2016 studies of fauna and to create a mine and its awarded bidding every 5 years information and biological database surrounding tender materials areas 103 Review of the Tavan Tolgoi Environmental and Social Management System Time management for implementation of operation action plan The fundamental of maintaining a consistent implementation of the ESMS model proposed in this report is related to issues on the structure of the department in charge of environmental aspects, its management, and skills,knowledge of the specialists. Implementation period of operation action plan of the ESMS Table 5.9 2015 2016 2017 2018 2019 2020 2021 2022 ID Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 104 Review of the Tavan Tolgoi Environmental and Social Management System Environmental mitigation plan Table 5.10 As concluded, a good consideration of our proposed operation action plan andan awareness of importance of the issues on the structure of the department in chargeofenvironmentalaspects, its management andskills, knowledge of the specialists is essential to future achievement. The environmental unitcan succeed its commitment in the environmental field of the company withoutdifficultiesif the management team focuses on this direction and solves relevant issues. 105 Review of the Tavan Tolgoi Environmental and Social Management System APPENDIX I Survey name: Questionnaire for local residents А.Introduction How are you? Mining operation of East Tsankhi coalmine is performed by ETT. The objective of the survey is to collect necessary information for social impact assessment of EET. Notice of information security: Your opinion is highly appreciated in our further operation if you kindly express your opinion. Information security will be kept. Questionnare is only used for social impact study. Please circle the numbers of correct answers or fill in the empty space after you read the following questions. B. Personal information 1. Age: 2. Gender 1. Male 2. Female 3. Educational stage 1. Bachelor degree or above 5. Lower-secondary education or 2. Diploma education ninth grade graduation 3. Vocational education 6. Primary education or 5th grade 4. Upper-secondary education graduation 7. Illiberal 8. Dropout /lower than 5th grade graduation/ 4. Employment 1. State organization 5. Student 2. Non-governmental and civil 6. Private entity society organization 7. Retiree 3. School and educational 8. Other.................................... organization 4. Herder 5. Accommodation type 1. Ger, traditional accommodation 4. Rental apartment 2. Ger and house 5. Barn 3. Appartment 6. Street 7. Other............................. 6. Accommodation ownership 1. Private property 3. Others’ property 2. Rent 4. Other 7. Number of family member: ............................................. 8. Number of children under 18 years of age: ........................................ 9. Number of employees in household: .......................................................... 10. How much was your household income approximately in 2013? /Tugriks/ 1. 0-500’000 4. 3’000’000-4’999’999 106 Review of the Tavan Tolgoi Environmental and Social Management System 2. 500’001-999’999 5. 5’000’000-9’999’999 3. 1’000’000-2’999’999 6. At least 10’000’000 В. Questions of soum conditions 11. How satisfied are you with soum’s following issues? Absolutel Absolutely Unsatisf Moderately Satisfac y unsatisfacto actory satisfactory tory satisfactor ry y А. Social service Drinking water supply 1 2 3 4 5 Education service 1 2 3 4 5 Waste management 1 2 3 4 5 Power supply 1 2 3 4 5 State service 1 2 3 4 5 Communication 1 2 3 4 5 B. Health service Hospital capacity 1 2 3 4 5 Hospital ratio 1 2 3 4 5 Service quality 1 2 3 4 5 C. Transportation Road and infrastructure 1 2 3 4 5 Communication /phone/ 1 2 3 4 5 12. How urgent are following problems for your soum /choose up to 3 answers/ 1. Crime 9. Corruption issues 2. Poverty 10. Environmental issues including air, 3. Economic crisis water, waste and etc 4. Unemployment 11. Health issues 5. Drinking water shortage 12. Natural disaster 6. Discrimination 13. Other: .................. 7. Local governance capacity 8. Political issues D. Relevant project information 13. How much information do you get about mining of ETT East Tsankhi coalmine? 1. Good enough understanding and information 2. Slight information 3. No information 14. What is source of the project, if you have some information? 1. Television 2. Newspaper 3. Internet 4. Radio 5. Public rumors 6. This questionnaire 7. Other: .......................... 15. Do you promote East Tsankhi mining? 107 Review of the Tavan Tolgoi Environmental and Social Management System 1. Yes 2. No 16. What is a reason, if you promote East Tsankhi mining? /choose up to 2 5. Improvement of household answers/ livelihood 1. State economic efficiency 6. Infrastructure improvement 2. Regional development 7. Possibility of running business 3. Possibility of local citizens’ 8. Other: employment 4. Improvement in public health and education 17. What is a reason, if you oppose this project? /choose up to 2 answers/ 1. Anxiety and doubt about mining technology, which is poorly developed 2. Means of money laundering 3. Adverse impact on environment and ecology 4. Shortage of natural resources 5. Adverse impact on public health 6. Adverse impact caused by migration growth 7. Adverse impact on livestock industry 8. Inefficiency for local citizens’ 9. Adverse impact on cultural heritage and traditional custom 10. Other:.................... 18. How do you worried about following issues relevant to East Tsankhi project implementation in your local area? Unworried Slightly Extremely worried worried А. Environment Impact on water 1 3 5 Air pollution 1 3 5 Natural resource exploitation /coal/ 1 3 5 Gobi desert and soil erosion 1 3 5 Plant type 1 3 5 Waste management 1 3 5 Other: /write/ 1 3 5 B. Society Healthcare 1 3 5 Public health Crime 1 3 5 Citizens’ livelihood 1 3 5 Conflicts of society and culture 1 3 5 Traffic growth 1 3 5 Immigration 1 3 5 Entity capacity /ETT/ 1 3 5 Political issues 1 3 5 Educational issues 1 3 5 Other: ............. 1 3 5 108 Review of the Tavan Tolgoi Environmental and Social Management System 19. Do you agree following issues? As East Tsankhi mining is intensified: Positive possibilities Agree Disagree Don’t know Beneficial impact on state economic 1 2 3 development Hugely beneficial impact on gobi desert 1 2 3 regional development Hugely beneficial impact on Tsogttsetsii soum 1 2 3 development Employment rate growth and citizens’ income 1 2 3 Opportunity and condition of running small 1 2 3 and medium-sized enterprises, services and businesses Negative attitudes Adverse impact on gobi desert regional 1 2 3 environment, ecosystem and animals Adverse impact on herders’ life in mining area 1 2 3 Adverse impact on local residents’ health 1 2 3 Crime and other adversely social impacts, 1 2 3 influenced by residents’ migration from other local areas 20. Some entities perform operation in TT coal deposit of Tsogttsestii soum. Please compare and evaluate these entities as following indicators. Good Fair Bad Local TT 1 2 3 Social responsibility Erdenes MGL 1 2 3 of the entity Energy Resource 1 2 3 Contribution and Local TT 1 2 3 investment, which is Erdenes MGL 1 2 3 efficient to local Energy Resource 1 2 3 development Providing local Local TT 1 2 3 citizens’ with job Erdenes MGL 1 2 3 opportunity Energy Resource 1 2 3 Mining area Local TT 1 2 3 rehabilitation and Erdenes MGL 1 2 3 environmental Energy Resource 1 2 3 protection Local TT 1 2 3 Techniques used by Erdenes MGL 1 2 3 the entities Energy Resource 1 2 3 Focus on social Local TT 1 2 3 issues in local area Erdenes MGL 1 2 3 /education, health Energy Resource 1 2 3 and etc/ Local TT 1 2 3 109 Review of the Tavan Tolgoi Environmental and Social Management System Erdenes MGL 1 2 3 Energy Resource 1 2 3 21. What are your and local citizens’ issues addressing to Erdenes MGL? What do you think that Erdenes MGL should focus on what to perform operation? 110 Review of the Tavan Tolgoi Environmental and Social Management System APPENDIX II LIST OF MONGOLIAN LAWS AND LEGISLATION I. Environmental management and Organizational management Table ii № Titles of Laws and Regulations IA-International Treaties and convention 1 IA-Statute of the International Renewable Energy Agency NP- National program 1 NP- National Program for Public Ecological Education 2 NP-National program for quality and environmental management support 3 NP- National program for public education in sustainable development 4 NP- State Ecological Policy 5 NP-National Security of Mongolia 6 NP- Comprehensive Development Strategy of Mongolia LoM-Laws of Mongolia 1 LoM-The Constitution of Mongolia 2 LoM-Law of Mongolia on Licensing 3 LoM-Procedure to regulation following to the Mineral Laws 4 LoM-Procedure to following regulation to the Amendment Law to the Minerals Law 5 LoM-The Minerals law of Mongolia 6 LoM-The Law on Prohibition of Granting Exploration Licences-2010.06 7 LoM-The Law on Prohibition of Granting Exploration Licences-2011.02 8 LoM-The Law on Prohibition of Granting Exploration Licences-2011.06 9 LoM-The Law on Prohibition of Granting Exploration Licences-2012.01 10 LoM- Law on payment for using Natural Resource 11 LoM-Law on Environmental Impact Assessment 12 LoM-Nature Environment Protection Law 13 LoM-Petroleum Products Law 14 LoM-The Law on Petroleum. (with new revision) 15 LoM-Law of Mongolia on Land fees 16 LoM-Law on Geodesy and Cartography 17 LoM-Cadastral Mapping and Land Cadastre Law 18 LoM-Law on Concession 19 LoM-LAW ON ALLOCATION OF LAND TO MONGOLIAN CITIZENS FOR OWNERSHIP LoM-Procedure to following regulation to the implementing LAW ON ALLOCATION OF LAND 20 TO MONGOLIAN CITIZENS FOR OWNERSHIP 21 LoM-Law on Border 22 LoM-Law of Mongolia on Renewable Energy 23 LoM-Nuclear Energy Law 24 LoM-Law of Mongolia on Energy 25 LoM-Criminal Law 26 LoM- Law of Mongolia on Common Minerals DoP-Decree of the President 1 DoP- Decree #84 on support for decision to purify the initiative environment 2 DoP-Decree #39 on control for petroleum related activities PoM-Parlamentary Resolutions and decrees 1 PoM-Resolution #20 on measures to implement the Environmental Impact Assessment Laws 2 PoM-Resolution #31on measures to implement the package of Environmental Law 3 PoM-Resolution #3 on about some regulations in nature environment 4 PoM-Resolution #38 on about some regulations in nature environment 111 Review of the Tavan Tolgoi Environmental and Social Management System 5 PoM-Resolution #43 on about some regulations in nature environment 6 PoM-Resolution #26 on measures to implement the Law on Land Fees 7 PoM-Regulation #57 on about Oyu Tolgoi investment agreement 8 PoM-Resolution #39 on about some regulations in Tavan Tolgoi coal deposit 9 PoM-Resolution #27 on Registering some mine deposits into the list of strategic importance 10 PoM-Resolution #106. Regulation on approval of state ecological policy 11 PoM-Resolution #43 about to approve Green Development Policy 12 PoM-Resolution #74 on some regulations within approved Minerals Law 13 PoM-Resolution No 32 about to approve National Renewable Energy Program 14 PoM-Resolution #80 on some regulations within approved Energy Law GoM-Governmental resolutions and decrees 1 GoM-procedure to collect fee income for environmental protection 2 GoM-Environmental database 3 GoM-Procedure for Environmental impact assessment 4 GoM-Procedure to grant entities introduced environmentally-friendly technologies 5 GoM-A list of eco-friendly technology OoM-Order of Minister 1 OoM-method and instruction of Environmental Impact Assessment -2010 2 OoM-nature Environmental damage assessment and recovery calculation methods - А-156 3 OoM-Nature Environmental damage assessment and recovery calculation methods - А-157 OoM-Ecology and economic assessment to estimate damages within changing purpose in Special 4 Protected Area- А-333 OoM-Ecological damage calculation methodology and ecology-economic assessment of damage in 5 mineral extraction and processing -207 6 OoM-Procedure to report, control, approve and process Environmental management plans OoM-Procedure to grant citizens who detected and informed real information about illegal activities 7 against environmental laws and decree 8 OoM-Procedure of Environmental Office 9 OoM- To ensure public participation into environmental impact assessment 10 OoM-procedure to analyse of environmental impact assessment-195 11 OoM-procedure to cash collateral for nature environment protection OoM-procedure to control for selling wood, wooden raw materials and fuelwood in the capital, 12 provincial centers and other urban areas 13 OoM-procedure to issue exploration license OoM-issue special license to business owners who has food and agricultural special grants 14 permission OoM-Procedure to control for special account transaction of nature environment recycling 15 guarantee 16 OoM-Memorandium for state regulation in state border area nature environment protection 17 OoM-implemenation and monitoring of environmental impact assessment-87 18 OoM-procedure to analyse of environmental impact assessment 19 OoM-Committee regulation in environmental impact assessment-119 OoM-Guideline to process of environmental protection plan and environmental control, analysing 20 program-87 OS-Order of Suprevisor Agency 1 OS-Procedure to regulate some activities implementing Mineral Laws of Mongolia 2 OS-content of mineral deposit exploration result report and requirements fot it OS-Procedure for submitting application requesting exploration and mining license, transferring and 3 extension of the term of an exploration and mining license 4 OS-Issue certificate for land owning and use OS-Procedure to control and issue license to carry out activities in border area and region from 5 citizens, entities and organizations 6 OS-Methodology to estimate sales assessment of mining export products 112 Review of the Tavan Tolgoi Environmental and Social Management System 7 OS-About works of Samples S- MNSStandard 1 S-MNS5600 : 2008 National eco-label. Form, sizes and technical requirements S-MNS4219 : 1994 System of standards for environment protection. Ecological passport of entity. 2 Basic rule S-MNS ISO 14001 : 2005 Environmental management systems -- Specification with guidance for 3 use S-MNS ISO 14024:1999 Environmental labels and declarations – Type -- environmental labeling. 4 Principles and procedures S-MNS ISO 14025 : 2004 Environmental labels and declaration - Type III environmental 5 declarations. Technical Report S-MNS ISO 14004 : 2005 Environmental management systems -- General guidelines on principles, 6 systems and supporting techniques S-MNS ISO 14015 : 2002 Environmental management -- Environmental assessment of sites and 7 organization (EASO) 8 S-MNS ISO 14020 : 2004 Environmental labels and declarations. General principles S-MNS ISO 14031 : 2001 Environmental management -- Environmental performance evaluation – 9 Guidelines S-MNS ISO 14048 : 2004 Environmental management -- Life cycle assessment -- Data 10 documentation format 11 S-MNS ISO 14050 : 2005 Environmental management -- Vocabulary 12 S-MNS 4628 : 1998 Fuelling station. Building construction and general requirements of equipment S-MNS ISO 19011 : 2003Guidelines for quality and/or – environmental management system 13 auditing 14 S-MNS ISO 31000 : 2011.Risk management. Principles and model 15 S-MNS ISO 31010 : 2011.Risk management. Methods of Risk management S-MNS ISO/TR 14061 : 2002 Information to assist forestry organizations in the use of 16 Environmental Management System standards ISO 14001 and ISO 14004 S-MNS 4191 : 1993 System of standard for environment protection. Mongolian climate. Basic 17 characteristic S-MNS ISO-14064-1:2011 Greenhouse gas-1. Organizational level of greenhouse gas emissions 18 and removals, and guidance on reporting 30 26 25 18 20 20 15 14 10 7 6 5 5 2 1 0 IA NP LoM DoP PoM GoM OoM OS S Figure i: The number of laws and rules in Nature Environment management 113 Review of the Tavan Tolgoi Environmental and Social Management System It is necessary to use the following legislation in improving water environment management and they should be used at the level of environmental department officer in charge of water aspects. II. Water management Table iii № Laws NP-National Program 1 NP- "Khatan Tuul" National Program 2 NP-"Water" National Program 3 NP- State Ecological Policy 4 NP-National Security of Mongolia 5 NP- Comprehensive Development Strategy of Mongolia 6 NP- National program for public education in sustainable development 7 NP- National Program for Public Ecological Education LoM-Laws of Mongolia 1 LoM-The Constitution of Mongolia 2 LoM-Law on hydrological, meteorological and environmental monitoring 3 LoM-Procedure to regulation following to the Mineral Laws 4 LoM-Minerals Law 5 LoM- Law on payment for using Natural Resource 6 LoM-Nature Environment Protection Law LoM-Law on Prohibition of Mineral Exploration and Mining Activities in areas in the Headwaters 7 of Rivers, Protected Water Reservoir Zones and Forested Areas LoM-Procedure to implementing Law on Prohibition of Mineral Exploration and Mining Activities 8 in areas in the Headwaters of Rivers, Protected Water Reservoir Zones and Forested Areas 9 LoM-Water Law 10 LoM-Water Pollution Fees Law 11 LoM-Law on Use of water supply and sewage system in urban and settlement areas 12 LoM-Criminal Law 13 LoM-Procedure to following regulation to the Amendment Law to the Minerals Law 14 LoM-Law on Environmental Impact Assessment (with new revision) 15 LoM-Law on Border 16 LoM- Laws on Common Minerals PoM –Resolutions of theParliament of Mongolia 1 PoM-Resolution #43 about to approve Green Development Policy 2 PoM-Resolution #106. Regulation on approval of state ecological policy GoM- decrees and decisionsof the Government of Mongolia 1 GoM-Approval "Khatan Tuul" Program #203 2 GoM-to approve renewing water ecology economic assessment #302 3 GoM-Discount and determine water resource usage #326 4 GoM-about to build hydroelectric power station #375 5 GoM-Approval State Water Resources Management Plan #389 6 GoM-Modification of Annex #327-calculation coefficient for utilization 7 GoM-#65 to overturn the Resolution #256 2007-10-3 8 GoM-About activity for basin administration #254 GoM- Approval for concession agreement for Tuul Songino Water Resource Complex project 9 #403 GoM-Border zone in areas in the Headwaters of Rivers, Protected Water Reservoir Zones and 10 Forested Areas for Prohibition of Mineral Exploration and Mining Activities 11 GoM-Plan of Integrated water resources management 114 Review of the Tavan Tolgoi Environmental and Social Management System 12 GoM-Action plan #2 for implementing National Water Program OoM-Orders of Ministers 1 OoM-Rules on protection of water resources preventing from pollution #143 2 OoM-Action activities and role of water professional organizations OoM-Special and normal protection zone of water basin area and sanitary condition of water 3 supply source zones OoM-to approve template of agreement and voucher for water use and service fee of review on 4 water usage 5 OoM-Procedure for use water flow counter on water use and consumption #А-156 6 OoM-about to reduce pollution of the Tuul river 7 OoM-Procedure for spring protection 8 OoM-Guideline on classification and category for receiving groundwater resource 9 OoM-Procedure for use cesspool for household dirty water OoM-General procedure on own, use and financing for renewing and building water well with 10 engineering construction 11 OoM-Rule of setting up water basin council 12 OoM-Procedure for drawing hydraulic structure and construction 13 OoM-Methodology to define service fee on a sewage drain and price of fresh water OS-Order of Suprevisor Agency 1 OS-Procedure for issue technical condition on water supply and sanitation 2 OS-Rule for regulation on water supply and sewage service and usage MNS-Standard S-MNS ISO 5667-7:2002 Water quality -- Sampling -- Part 7: Guidance on the design of water 1 and steam in boiler plants S-MNS ISO 5667-1:2002 Water quality -- Sampling -- Part 1: Guidance on the design of sampling 2 programmes 3 S-MNS ISO 6107-8:2000Water quality. Vocabulary. Part-8 4 S-MNS ISO 6107-7 : 2002Water quality. Vocabulary Part-7 5 S-MNS ISO 6107-5:2000Water quality. Vocabulary. Part-5 6 S-S-MNS ISS-MNS ISO 6107-4:2000Water quality. Vocabulary. Part-4 7 S-MNS ISO 6107-3:2000Water quality. Vocabulary. Part-3 8 S-MNS ISO 6107-2:2000Water quality. Vocabulary. Part-2 9 S-MNS ISO 6107-1 : 2002Water quality. Vocabulary S-MNS ISO 5667-14 : 2000 Water quality -- Sampling -- Part 14: Guidance on quality assurance 10 of environmental water sampling and handling S-MNS ISO 5667-13:2000 Water quality. Sampling. Part 13: guidance on sampling of sludges 11 from sewage and water-treatment works S-MNS ISO 5667-11 : 2000 Water quality -- Sampling -- Part 11: Guidance on sampling of 12 groundwaters S-MNS ISO 5667-10:2001 Water quality -- Sampling -- Part 10: Guidance on sampling of waste 13 waters S-MNS ISO 5667-8:2000 Water quality -- Sampling -- Part 8: Guidance on the sampling of wet 14 deposition S-MNS ISO 5667-6 : 2001Water quality -- Sampling -- Part 6: Guidance on sampling of rivers and 15 streams S-MNS ISO 5667-5:2001 Water quality -- Sampling -- Part 5: Guidance on sampling of drinking 16 water and water used for food and beverage processing S-MNS ISO 5667-4 : 2001 Water quality -- Sampling -- Part 4: Guidance on sampling from lakes, 17 natural and man-made S-S-MNS ISO 5667 : 3 Water quality. Sampling -Part 3. Recomnendation on sampling processing 18 and storage 19 S-MNS6148 : 2010Water guality. Maximum limit of substance contaminating the ground water. 115 Review of the Tavan Tolgoi Environmental and Social Management System S-MNS5582 : 2006 Water quality. The raw waste water from the leather processing industry before 20 the primary effluent threatment plant. Technical requirements 21 S-MNS4943 : 2000 Supply of treated wastewater to the environment. General Requirements 22 S-MNS4586 : 1998 Water quality. General requirements S-MNS 4288 : 1995 General requirements for selecting a site for waste water treatment plants and 23 treatment technologies and effectiveness 24 S-MNS4079 : 1988 Irrigation. Water quality. Terms and definitions 25 S-MNS4078 : 1988 Irrigation. Water melioration Terms and definitions 26 S-MNS4047 : 1988Water space. Control method of surface water quality 27 S-MNS3870 : 1986Continental hydrology. Terms and definitions S-MNS3597 : 1983Water space. Common requirement protection of surface and underground 28 water from fertilizer pollution 29 S-MNS3382 : 1982Hydro geology. Terms and definitions S-MNS3342 : 1982Water space. Common requirement protection of underground water from 30 pollution 31 S-MNS 0900 : 2005 10pQuality index of drinking water 32 S-MNS 0899 : 1992 Potable water supply for the source selection procedures and hygiene 33 S-MNS0359 : 1989Water economy. Term, Definition of fluid water 34 S-MNS 0017-1-1-14 : 1980Water space. Classification of water use 35 S-MNS 0017-1-1-10 : 1979Water use protection. Term. Definition 36 S-MNS 5775 : 2007Settlement area distribution service of drinking water General requirements S-MNS 6279 : 2011 Water supply and sanitation facilities. Terms, Definition -Comment 37 Dictionary S-MNS 6390 : 2013 Treated wastewater from wool and cashmere processing industries to 38 centralized system S-MNS EN 12566-1:2011 Low-strength waste-water treatment facilities for population up to 50. 39 Part-1. Precast plant S-MNS EN 12566-2:2011 Low-strength waste-water treatment facilities for population up to 50. 40 Part-2. Soil drains system S-MNS EN 12566-3:2011 Low-strength waste-water treatment facilities for population up to 50. 41 Part-3. Prefabricated and assembled on-site waste water treatment plant S-MNS EN 12566-4:2011 Low-strength waste-water treatment facilities for population up to 50. 42 Part-4. Flowing kit assembled on site using plant S-MNS EN 12566-5:2011 Low-strength waste-water treatment facilities for population up to 50. 43 Part-5. cleansing dirty filter system 44 MNS ISO 862:2000Surface active agents. Vocabulary 50 44 45 40 35 30 25 20 16 15 12 13 10 7 5 2 2 0 0 0 IA NP LoM DoP PoM GoM OoM OS S 116 Review of the Tavan Tolgoi Environmental and Social Management System Figure ii: The number of laws and rules in Water management It is necessary to use the following legislation in improving air, gas emission and climate management and they should be used at the level of environmental department officer in charge of air aspects. III. Atmosphere and climate management Table iv № Laws IA-International Treaties and conventions 1 IA-The United Nations Framework Convention on Climate Change 2 IA-The Kyoto Protocol of the UN Framework Convention on Climate Change 3 IA-Convention on the Protection of the Ozone Layer 4 IA-Statute of the International Renewable Energy Agency NP-National Program 1 NP-National Action Programme on Climate Change 2 NP- National Program for Public Ecological Education 3 NP- State Ecological Policy 4 NP-National Security of Mongolia 5 NP- Comprehensive Development Strategy of Mongolia 6 NP- National program for public education in sustainable development LoM-Mongolian Laws 1 LoM-The Constitution of Mongolia 2 LoM-The Mongolian law on Air 3 LoM-Law on fees for air pollution 4 LoM- Law on payment for using Natural Resource 5 LoM-Law on Environmental Impact Assessment 6 LoM-Nature Environment Protection Law 7 LoM-Law on hydrological, meteorological and environmental monitoring 8 LoM-Procedure to regulation following to the Mineral Laws 9 LoM-Minerals Law 10 LoM-Procedure to following regulation to the Amendment Law to the Minerals Law 11 LoM-Law on Border 12 LoM-Criminal Law 13 LoM- Law of Mongolia on Common Minerals 14 LoM-Mongolian Law on the Capital City's Air Pollution Reduction PoM-Regulations and Decrees of Ministries PoM-Resolution #11 for some activities with the adoption of Mongolian Law on the Capital City's 1 Air Pollution Reduction 2 PoM-Regulatons #02 for approve National Action Programme on Climate Change 3 PoM-Resolution #106. Regulation on approval of State Ecological Policy 4 PoM-Resolution No 32 about to approve National Renewable Energy Program 5 PoM-Resolution #80 on some regulations within approved Energy Law 6 PoM-Resolution #43 about to approve Green Development Policy GoM-Governmental decrees and decisions 1 GoM-Approval the procedure of determining the amount of payment. Air fee #273 GoM-Approval of Plan #317. Action plan in first stage implementation of National Action 2 Programme on Climate Change GoM-Procedure on importing and selling of regulates the import of ozone-depleting substances 3 (ODSs) #104 117 Review of the Tavan Tolgoi Environmental and Social Management System 4 GoM-Procedure on estimate electric price in ger area and Capital city's air pollution #309 GoM-Adoption of the list #227 air pollution. List of entities for free of charge from Air Pollution 5 fee GoM-Approval the rule #210. State rule for hydrological, meteorological and environmental 6 monitoring 7 GoM-About the measures taken to reduce air pollution #18 8 GoM-About the measures taken to reduce air pollution #218 9 GoM-About the measures taken to reduce air pollution in near period #14 GoM-Procedure on regulation for citizen, entities and organizations in special zones for reducing 10 air pollution 11 GoM-Program for developing hydrological, meteorological and environmental monitoring sector 12 GoM-Adoption of the national program #129. Program of Protecting the Ozone Layer OoM-Order of Minister 6. OoM-Ambient air monitoring wages and determine the amount of duty #A 342 7. OoM-Approval the list of organic solvents and billing of air pollution fee OoM-Rule of the professional organizations in charge of air quality, procedure for informing air 8. quality information OoM-hydrological, meteorological quoted preliminary and procedural data types for special needs 9. #16 10. OoM-General procedure for informing and monitorng with Air quality index #53 S-MNSStandard 1 S-MNS 0017-2-0-07 : 1979Waste to air pollution. Classification S-MNS 0017-2-1-17 : 1980 Atmosphere. Vocabulary Waste of industry and pollution related to 2 climate 3 S-MNS 0017-2-3-16 : 1988 Air space. Order controlled air property of populated area S-MNS 3113 : 1981 Air space. Common requirement putting for Determination method of polluted 4 matter of air 5 S-MNS 3384 : 1982 Air space. Common requirement putting to taking of part S-MNS 4191 : 1993 System of standard for environment protection. Mongolian climate. Basic 6 characteristic 7 S-MNS ISO 4226 : 2000 Air quality. General aspects. Units of measurement 8 S-MNS 4585 : 2007 Air quality. General requirements S-MNS 5010 : 2001 General Requirements for measuring the dusting content in the air within 9 workplace S-MNS 5457 : 2005 Maximum acceptable level and measuring method of toxic elements (CO, SO2, 10 NOx, ash) in the exhaust gases contents of heating boilers and home stoves S-MNS 5885 : 2008Acceptable concentration of air pollutant elements. General technical 11 requirements 12 S-MNS 5918 : 2008Environment. Re-vegetation of destroyed land. General technical requirements S-MNS 6063 : 2010Air quality – Acceptable concentration of pollutant elements for atmospheric 13 air in public area S-MNS 6147 : 2010Environmental pollution, pollution control and protect – Maximum residue limit 14 of pesticides in air and soil S-MNS 6298 : 2011 New thermal power plant steam and water during operation of the furnace to 15 heat the atmosphere of some air pollutants in the flue gas substances of maximum. 16 S-MNS ISO 8756 : 2000 Air quality. Handling of temperature, pressure and humidity data 17 S-MNS ISO 4225 : 2000 Air quality. General aspects. Vocabulary 18 S-MNS ISO 4227 : 2002 Planning of ambient air quality monitoring. S-MNS 0017-5-1-21 : 1992Noise emitted by means of transport. Tolerance level of noise, method 19 for measuring 20 S-MNS 3383 : 1982 Air space. Spring of pollution. Determination, formulation. S-MNS 5013:2009Petrol engine vehicle – Maximum acceptable level and measuring method of 21 exhaust emission 118 Review of the Tavan Tolgoi Environmental and Social Management System S-MNS 5014:2009Diesel engine vehicles – Maximum acceptable level and measuring methods of 22 opacity 23 S-MNS 5606-1:2006. Acceptable level of gas exhausts from crematorium with diesel fuel 24 S-MNS OIML R 103 : 2001Measuring instrumentation for human response to vibration S-MNS 17.2.1.01:78 Atmosphere.Toxic atmospheric pollutants from internal combustion engines. 25 Terms 26 S-MNS 4994:2000 Occupational safety and health Vibration. Requirements for general safety S-MNS 4995:2000 Occupational safety and health General requirements for the measurement of 27 vibration 28 S-MNS 5002:2000 Occupational safety and health. Noise norms. General requirements for safety 30 28 25 20 15 14 12 10 6 6 5 5 4 0 0 0 IA NP LoM DoP PoM GoM OoM OS S Figure iii: The number of laws and rules in Atmosphere and climate management It is necessary to use the following legislation in improving soil environment and land management and they should be used at the level of environmental department officer. IV. Soil environment and land management Table v № Laws IA-International Contract and convention IA-The United Nations Convention to Combat Desertification in Those Countries Experiencing 1 Serious Drought and/or Desertification, Particularly in Africa NP-National Program 1 NP-National Plan of Action to Combat Desertification 2 NP-National Programme On Persistent Organic Pollutants 3 NP- State Ecological Policy 4 NP-National Security of Mongolia 5 NP- Comprehensive Development Strategy of Mongolia 6 NP- National program for public education in sustainable development 7 NP- National Program for Public Ecological Education LoM-Mongolian Legal Laws 1 LoM-The Constitution of Mongolia 2 LoM-Procedure to regulation following to the Mineral Laws 119 Review of the Tavan Tolgoi Environmental and Social Management System 3 LoM-Procedure to following regulation to the Amendment Law to the Minerals Law 4 LoM-The Minerals law of Mongolia 5 LoM- Law on payment for using Natural Resource /Revised/ 6 LoM-Law on Environmental Impact Assessment /Revised/ 7 LoM-Nature Environment Protection Law 8 LoM-Cadastral Mapping and Land Cadastre Law 9 LoM-Law on Concession 10 LoM-LAW ON ALLOCATION OF LAND TO MONGOLIAN CITIZENS FOR OWNERSHIP LoM-Procedure to following regulation to the implementing LAW ON ALLOCATION OF LAND 11 TO MONGOLIAN CITIZENS FOR OWNERSHIP 12 LoM-Law on Border 13 LoM-Laws of Mongolia on Land 14 LoM-Suboil Law 15 LoM-Law on Cropping 16 LoM-Law on Soil Protection and Prevention of Desertification 17 LoM- Law on Special Protected Area in the Buffer Zones 18 LoM-Law of Mongolia on Special Protected Area 19 LoM-Criminal Law 20 LoM- Laws on Common Minerals PoM-Regulations and decrees of Ministries 1 PoM-Resolution #106. Regulation on approval of state ecological policy 2 PoM-Resolution #35 for overturn theresolution to establish National Council for allocation of land 3 PoM-Resolution #78 on measures to implement the Law on Land 4 PoM-Resolution #28 on preparation of the implementation of the Law on Land 5 PoM-Resolution #96 on measures to implement Amendment Law to Subsoil Law PoM-Resolution #18 on register some area into special protected area and renew boundary of some 6 protected area 7 PoM-Resolution #04 on register some area into special protected area 8 PoM-Resolution #05 on register some area into special protected area 9 PoM-Resolution #06 on register some area into special protected area 10 PoM-Resolution #22 on register some area into special protected area 11 PoM-Resolution #26 on register some area into special protected area 12 PoM-Resolution #28 on register some area into special protected area 13 PoM-Resolution #29 on register some area into special protected area 14 PoM-Resolution #30 on register some area into special protected area 15 PoM-Resolution #38 on register some area into special protected area 16 PoM-Resolution #39 on register some area into special protected area 17 PoM-Resolution #43 on register some area into special protected area 18 PoM-Resolution #47 on register some area into special protected area 19 PoM-Resolution #56 on register some area into special protected area 20 PoM-Resolution #57 on register some area into special protected area 21 PoM-Resolution #83 on register some area into special protected area LoM-Resolution #37 to measure to implementing Law on Allocation of land to Mongolian citizens 22 for ownership 23 PoM-Laws on Allocation of areas of Mongolia to citizens-40 24 PoM-Resolution #81 on measure to implementing Law on Special Protected Area 25 PoM- Resolution #29 on approval The National Program on Special protected area 26 PoM-Resolution #26 on renew the classification of State protected area 27 PoM-Resolution #115 on change Khustai resevre into Khustain Nuruu National Park 28 PoM-Resolution #43 about to approve Green Development Policy 29 PoM-Resolution #74 on some regulations within approved Minerals Law GoM-Governmental decrees and decisions 1 GoM-Approval National Plan of Action to Combat Desertification #90 120 Review of the Tavan Tolgoi Environmental and Social Management System 2 GoM-Define boundary in some nature reserves #67 3 GoM-Approval border in nature reserves and historical site #166 GoM-Resolution #87 on working land area for preservationist in Strictly Protected Area and 4 National Parks GoM-Approval of Plan #51. The first phase of The National Program on Special protected area 5 between 1999-2005 6 GoM-Transfer some of the Government functions to the non-governmental organizations #49 7 GoM-Approval on National Programme On Persistent Organic Pollutants #99 8 GoM-about the boundaries of Special protected area #50 OoM-Order of Minister 1 OoM-Procedure on plan and financing for review of land condition and quality inspection OoM-Procedure for define category for desertification, drought and water resource management for 2 it 3 OoM-Approval special procedure in Strictly Protected Area and National Parks 4 OoM-Temporary procedure for issue of land use and license in Special protected area 5 OoM-Procedure for tourism in special protected area 6 OoM-fee paid document for license issue of tourism activities in special protected area 7 OoM-Procedure for entrance fee into Special protected area and service payment in there 8 OoM-Establishing boundaries in near zone of special protected area 9 OoM-About zones near special protected area 10 OoM-About domestic boundaries special protected area 11 OoM-Administration division of special protected area 12 OoM-Administration division of special protected area 13 OoM-Procedure #218 for issue of land use and license in Special protected area 14 OoM-Procedure for forest activities in special protected area 15 OoM-Approval for define boundary of special protected area 16 OoM-Regulating structure of animal herd, send animals to culling and get research sample 17 OoM-Procedure for regulating number of wolves and hunting wild dogs in special protected area 18 OoM-Establishing boundary of some zone in special protected area 19 OoM-Procedure #21for use spring water in special protected area 20 OoM- Procedure #36 for conducting research work in special protected area 21 OoM-Approval of renewing boundaries of special protected area OoM-Ecology and economic assessment to estimate damages from action with changing land use 22 purpose in special protected area #А-333 S-MNSStandard 1 S-MNS 2305 : 1994 Soil. Order to accept, packing, transport, keeping 2 S-MNS 3297 : 1991 Soil. Soil sanitary estimation index norm of populated area 3 S-MNS 3298 : 1991 Soil. Common requirement putting of taking of test part 4 S-MNS 3473 : 1983 Environmental protection. Land use dissection. Terms and definitions 5 S-MNS 3985 : 1987 Protection of nature. Soil. Index type of sanitary position 6 S-MNS 5850 : 2008 Soil quality. Soil pollutants elements and substance 7 S-MNS 5851 : 2008 Symbol and uniform of Special Protected Areas. General requirements S-MNS 5916 : 2008 Environment.Requirements for fertile soil removing and its temporary storage 8 during the earth excavation S-MNS ISO 11074-2:2001 Environment. Soil quality. Vocabulary. Part 2: Terms and definitions 9 relating to sampling S-MNS ISO 11074-1:2001 Environment. Soil quality.Vocabulary. Part 1: Terms and definitions 10 relating to the protection and pollution of the soil S-MNS 6147 : 2010 Environmental pollution, pollution control and protect – Maximum residue 11 limit of pesticides in air and soil 121 Review of the Tavan Tolgoi Environmental and Social Management System 35 29 30 25 22 20 20 15 11 10 8 4 5 1 0 0 0 IA NP LoM DoP PoM GoM OoM OS S Figure iv: The number of laws and rules in Soil system and ground management It is necessary to use the following legislation in improving biodiversity management and they should be used at the level of environmental department officer in charge of biological aspects. V. Variousity of Biology Table vi № Laws IA-International Contract and convention 1 IA-The Convention on Biological Diversity 2 IA-Cartagena Protocol on Biosafety to the Convention on Biological Diversity 3 IA-Convention on International Trade in Endangered Species of Wild Fauna and Flora 4 IA-Bonn Convention on the Conservation of Migratory Species of Wild Animals 5 IA-Convention on Wetlands of International Importance Especially as Waterfowl Habitat 6 IA-International Convention on the Regulation of Whaling NP-National Program 1 NP- National Program of Natural herbs 2 NP- National Program protect rare and endangered species 3 NP- National forest programme 4 NP-National Program of Red Deer 5 NP- State Ecological Policy 6 NP-National Security of Mongolia 7 NP- Comprehensive Development Strategy of Mongolia 8 NP- National program for public education in sustainable development 9 NP- National Program for Public Ecological Education LoM-Mongolian Legal Laws 1 LoM-The Constitution of Mongolia 2 LoM- Law on payment for using Natural Resource 3 LoM-Law on Environmental Impact Assessment 4 LoM-Nature Environment Protection Law 5 LoM-Law on Border 6 LoM-Endangered animals and plants based on the regulation of trade in the goods 122 Review of the Tavan Tolgoi Environmental and Social Management System 7 LoM-Law on living modified organisms 8 LoM- Animal Law 9 LoM-Law on about Border prohibition and inspection of animal, plant and their raw materials 10 LoM-Law on Natural Plants 11 LoM-Forest Law 12 LoM-The Mongolian Law on Natural Plants 13 LoM-Criminal Law 14 LoM-Procedure to regulation following to the Mineral Laws 15 LoM-The Minerals law of Mongolia 16 LoM-Procedure to following regulation to the Amendment Law to the Minerals Law 17 LoM- Laws on Common Minerals 18 LoM-Law on Forest and Field Fire Prevention PoM-Regulations and decrees of Ministries 1 PoM-Resolution #106. Regulation on approval of state ecological policy 2 PoM-Resolution #107 on measures to be taken due to amendment to Law on Hunting PoM-Resolution #45 on measures to be taken due to implementing Law on Forest and Field Fire 3 Prevention 4 PoM-Resolution #24 on measures to be implementing with joining to International Convention 5 PoM-Resolution #31 on approval National Program of the red deer 6 PoM-Resolution #43 about to approve Green Development Policy GoM-Governmental decrees and decisions 1 GoM-Adoption of the list.Seeds and seedlings, animal germ, microorganisms in raw meat-173 2 GoM-Procedure #227. Forest Fund Agreement 3 GoM-Procedure #59, Forestry Incentives 4 GoM-Procedure #190. Plant Prohibition 5 GoM-About to determining the fee quoted Saker Falcon #171 6 GoM-Permission to renew concession agreement #156 7 GoM-Procedure #106 to estimate wildfire damages from forest and field fire 8 GoM-Determining number and name of hunting and trapping animals #263 9 GoM-Procedure for activity of hunting professional organization 10 GoM-Procedure #93 for activity of hunting professional organization. Appendix-1 11 GoM-Approval list of rare plants #145 12 GoM-Approval procedure and list of Rare animals #7 13 GoM-Procedure #105 to approve and renew forest inventory 14 GoM- Measures to implemeting of law on forest and field fire prevention #98 15 GoM- Establishing boundary of green zone around Capital city #326 16 GoM- Procedure #85 for forest inventory 17 GoM- About state general plan of forest management #362 18 GoM- Approval normative location of forest #255 19 GoM-Approvial plan on measures to implement of national program of red deer #88 GoM- For determining border gate of importing plant, seeds and plant protection substances 20 annually. #146 GoM- Procedure #93 for issuing special permission for catching and hunting of rare animal. 21 Appendix 2 22 GoM- Approval national program #30. Forest cleaning 23 GoM-Approval national program #277. To protect rare and very rare animals 24 GoM- Amendment to Forest program #113 25 GoM- About border port for accrosing living modified organisms #158 26 GoM- Animal ecology- economical assessment #248 OoM-Order of Minister 1 OoM- Procedure for regulating number of wolves and hunting wild dogs in special protected area OoM- For strengthening control on illegal hunting and usage of animal and prohibiting hunting and 2 catching some animal - А-06 123 Review of the Tavan Tolgoi Environmental and Social Management System 3 OoM- About prohibition on hunting and catching some animals # 411 4 OoM-To define category of forest fire burning #68 5 OoM- Act of damages during forest and field fire 6 OoM- Procedure #52 for organising hunting 7 OoM- Define duration and quotas for catching and hunting animal with special payment #88 OoM- About permission fee for catching and hunting animal and payment of using hunting 8 resources 9 OoM- Catch and record animal for the purpose of science 10 OoM- Procedure #79 for issuing permission for hunting and catching animal 11 OoM- About to measures taken on protection of wild sheep -#362 OoM- Define maximum quotas limit for hunting animal in 2010 for the purpose of community and 12 factory #407 OoM- Define maximum quotas limit for hunting animal in 2012 for the purpose of community and 13 factory #A05 14 OoM- Certificate sample for catching and hunting animal for the purpose of community 15 OoM- Payment amount for using forest submission resources 16 OoM- For regulating maximum amount of using natural plant 17 OoM- Procedure #105 for organizing and conducting deer husbandry -105 18 OoM- Procedure #A-153 for controlling and issuing origin certificate 19 OoM- Procedure #173 for confirmation of origin reference blank 20 OoM- For amending procedure and renewing certificate sample #34 21 OoM- Procedure for conducting fishing business and contract example of fishing 22 OoM-Procedure for protect some rare animal, hunting and exporting some hunting goods 23 OoM- About protection of wild animals 24 OoM-The list of drug plant which grow in Mongolian territory OoM- Procedure for test of plant protection substance, register list of plant protection substances in 25 1999-2000 and it's deleting 26 OoM- Procedure for preparing fuelwood from forest 27 OoM- Certificate example for preparing fuelwood from forest 28 OoM- To maintain and clear in forest 29 OoM- To confirm expenditure normative of some arrangements in forest husbandry 30 OoM- Procedure for using properly and protecting forest additional treasure 31 OoM- Procedure for working rule and requirement for forest professional organization 32 OoM- Procedure 1 for working rule and requirement for forest professional organization 33 OoM-Contract example for owning forest fund 34 OoM- Approval for confirming economical assessment of forest ecology #394 35 OoM- Procedure for hunting marmot and preparing leather #103 36 OoM-Procedure for implementing, financing and planning plant protection arrangement 37 OoM-Procedure and methodology for paying plant compensation 38 OoM-For prohibition of preparing birchwood 39 OoM-For prohibition in factory hunting of Mongolia antelope 40 OoM- For definiting forest margin of dale zone 41 OoM- Ecology- economical assessment methodology of forest resource 42 OoM- Plant ecology-economical assessment #415 S-MNSStandard 1 S-MNS 4118 : 1991Forestery. Terms and definitions 2 S-MNS 6191 : 2010General requirements for cultivating rare plants 3 S-MNS 3474 : 2003Plant protection. Terms and definition 4 S-MNS 3475 : 2003Plant quarantine. Terms and definitions 124 Review of the Tavan Tolgoi Environmental and Social Management System 45 42 40 35 30 26 25 20 18 15 9 10 6 6 4 5 0 0 0 IA NP LoM DoP PoM GoM OoM OS S Figure v: The number of laws and rules in Variousity of Biology It is necessary to use the following legislation in improving rehabilitation and mine closure management and they should be used at the level of environmental department officer in charge of rehabilitation issues. VI. Rehabilitation and mine closing Table vii № Laws NP-National Program 1 NP- State Ecological Policy 2 NP-National Security of Mongolia 3 NP- Comprehensive Development Strategy of Mongolia 4 NP- National program for public education in sustainable development 5 NP- National Program for Public Ecological Education LoM-Mongolian Legal Laws 1 LoM-The Constitution of Mongolia 2 LoM-Laws of Mongolia on Land 3 LoM-Suboil Law 4 LoM-Procedure to regulation following to the Mineral Laws 5 LoM-Procedure to following regulation to the Amendment Law to the Minerals Law 6 LoM-The Minerals law of Mongolia 7 LoM- Law on payment for using Natural Resource 8 LoM-Law on Environmental Impact Assessment 9 LoM-Nature Environment Protection Law 10 LoM-Law on Soil Protection and Prevention of Desertification 11 LoM-The Law on Petroleum. (with new revision) 12 LoM-Criminal Law 13 LoM- Law of Mongolia on Common Minerals PoM-Regulations and decrees of Ministries • PoM-Resolution #74 on some regulations within approved Minerals Law 125 Review of the Tavan Tolgoi Environmental and Social Management System • PoM-Resolution #43 about to approve Green Development Policy • PoM-Resolution #106. Regulation on approval of State Ecological Policy OoM-Order of Minister 1 OoM-guideline for recovering and planting in damaged land during mineral exploration OoM-Approve the methodlogy for biological and technical recovering in damaged land during 2 mining #417 OoM-Methodlogy for estimating recovering assessment expenditure in damaged land during mining 3 #418 4 OoM-Report on processing procedure for recovering during closing of mine OS-Order of Suprevisor Agency 1 OS-Procedure to close mine temporary and forever S-MNSStandard 1 S-MNS 5914 : 2008 Environment.Land reclamation. Terms and definitions 2 S-MNS 5915 : 2008 Environment. Classification of land destroyed due to mining activities S-MNS 5917 : 2008 Environment.Reclamation of land destroyed due to mining activities. General 3 technical requirements 4 S-MNS 5918 : 2008 Environment. Re-vegetation of destroyed land. General technical requirements S-MNS 6200 : 2010 Reclamation of land destroyed due to petroleum exploration, production and 5 development activities. General technical requirements 6 S-MNS 6296 : 2011 Closing of underground mine. Technical general requirement S-MNS 6297 : 2011 Closing of industry for heap leaching and stacking of mineral. Technical 7 general requirement 8 S-MNS 3472 : 1983 Agriculture. Terminology, vocabularies S-MNS ASTM E 2278-2013 Guideline on use product from coal burning for recovering open pit 9 mine. 10 S-MNS 0012-0-002 : 1987 Occupational safety standards system. Terms and definitions S-MNS 5916 : 2008 Environment.Requirements for fertile soil removing and its temporary storage 11 during the earth excavation 14 13 12 11 10 8 6 5 4 4 3 2 1 0 0 0 0 IA NP LoM DoP PoM GoM OoM OS S Figure vi: The number of laws and rules in reclamation and mine closing It is necessary to use the following legislation in improving waste management and they should be used at the level of environmental department officer in charge of waste matters. 126 Review of the Tavan Tolgoi Environmental and Social Management System VII. Waste management Table viii № Laws IA-International Contract and convention IA-The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and 1 their Disposal NP-National Program 1 NP- State Ecological Policy 2 NP-National Security of Mongolia 3 NP- Comprehensive Development Strategy of Mongolia 4 NP- National program for public education in sustainable development 5 NP- National Program for Public Ecological Education LoM-Mongolian Legal Laws 1 LoM-The Constitution of Mongolia 2 LoM-Law on Environmental Impact Assessment 3 LoM-Nature Environment Protection Law 4 LoM-Law on Waste 5 LoM-Nuclear Energy Law 6 LoM-Criminal Law 7 LoM-Procedure to regulation following to the Mineral Laws 8 LoM-The Minerals law of Mongolia 9 LoM-Procedure to following regulation to the Amendment Law to the Minerals Law 10 LoM- Law on payment for using Natural Resource 11 LoM-Law on Border 12 LoM- Law of Mongolia on Common Minerals 13 LoM-Law on the Import, Export and Cross-border Transport of Hazardous Waste DoP-Decree of the President 1 DoP-About nuclear waste #184 PoM-Regulations and decrees of Ministries 1 PoM-Resolution #43 about to approve Green Development Policy 2 PoM-Resolution #106. Regulation on approval of state ecological policy GoM-Governmental decrees and decisions 1 GoM-Approval methodology for payment and normative of waste #18 OoM-Order of Minister 1 OoM-guideline for reporting, registering of saving and deleting hazardous waste #127 2 OoM-Type of centralized point for waste bury and requirements for it, waste bury 3 OoM-Procedure for collect waste database and informing 4 OoM-Procedure for report and register of national waste 5 OoM-Approval for category and classification of hazardous waste #324 S-MNSStandard 1 S-MNS 5924 : 2008 Toilet and sewage pit. Technical requirements 2 S-MNS 5975 : 2009 Grease catcher equipment in waste water . General requirements 3 S-MNS 6230 : 2010. Define waste water point General requirement S-MNS 6390 : 2013 Treated wastewater from wool and cashmere processing industries to 4 centralized system. Technical requirements 5 S-MNS 5924 : 2008 Toilet and sewage pit. Technical requirements 6 S-MNS 5975 : 2009 Grease catcher equipment in waste water . General requirements 7 S-MNS 6230 : 2010. Define waste water point General requirement 127 Review of the Tavan Tolgoi Environmental and Social Management System 14 13 12 10 8 7 6 5 5 4 2 2 1 1 1 0 IA NP LoM DoP PoM GoM OoM S Figure vii: The number of laws and rules in waste management 128