Document of The World Bank FOR OFFICIAL USE ONLY Report No: RES19254 RESTRUCTURING PAPER ON A PROPOSED PROJECT RESTRUCTURING OF THE MINING ENVIRONMENTAL RESTORATION PROJECT JULY 31, 2008 IN THE AMOUNT OF US$30 MILLION TO THE ARGENTINE REPUBLIC November 19, 2015 Environment and Natural Resources Global Practice Latin American and Caribbean Region This document has a restricted distribution and may be used by recipients only in the performance of their official duties. Its contents may not otherwise be disclosed without World Bank authorization. ARGENTINA MINING ENVIRONMENTAL RESTORATION PROJECT (P110462) ABBREVIATIONS AND ACRONYMS ARN Argentinian Nuclear Regulatory Authority (Autoridad Regulatoria Nuclear) CNEA National Atomic Energy Commission (Comisión Nacional de Energía Atómica) EMP Environmental Management Plan IAEA International Atomic Energy Agency PDO Project Development Objective PRAMU Mining Environmental Restoration Project (Proyecto de Restitución de la Minería de Uranio Regional Vice President: Jorge Familiar Country Director: Jesko S. Hentschel Senior Global Practice Director: Paula Caballero Practice Manager/Manager: Raúl Alfaro-Pelico Task Team Leader: Ruth Tiffer Sotomayor 2 ARGENTINA MINING ENVIRONMENTAL RESTORATION PROJECT CONTENTS A. SUMMARY 5 B. PROJECT STATUS 5 C. PROPOSED CHANGES 7 D. RESULTS FRAMEWORK 9 3 DATA SHEET Argentina Argentina Mining Environmental Restoration Project (P110462) LATIN AMERICA AND CARIBBEAN Environment & Natural Resources Report No: RES19254 Basic Information Project ID: P110462 Lending Instrument: Specific Investment Loan Regional Vice President: Jorge Familiar Original EA Category: Full Assessment (A) Country Director: Jesko S. Hentschel Current EA Category: Full Assessment (A) Senior Global Practice Paula Caballero Original Approval Date: 31-Jul-2008 Director: Practice Raúl Ivan Alfaro Pelico Current Closing Date: 27-Nov-2015 Manager/Manager: Team Leader(s): Ruth Tiffer-Sotomayor Borrower: Argentine Republic Responsible Agency: National Atomic Energy Commission Restructuring Type Form Type: Full Restructuring Paper Decision Authority: Regional Vice President Approval Restructuring Level: Level 2 Explanation of Extension of Closing Date Approval beyond two years requiring Authority: RVP Approval (Level 2) Financing ( as of 27-Oct-2015 ) Key Dates Approval Effectiveness Original Revised Project Ln/Cr/TF Status Signing Date Date Date Closing Date Closing Date P110462 IBRD-75830 Effective 31-Jul-2008 01-Feb-2010 28-Apr-2010 30-Nov-2013 27-Nov-2015 Disbursements (in Millions) % Undisbur Project Ln/Cr/TF Status Currency Original Revised Cancelled Disbursed Disburse sed d P110462 IBRD-75830 Effective USD 30.00 30.00 0.00 23.14 6.86 77 Policy Waivers Does the project depart from the CAS/CPF in content or in other significant Yes [ ] No [ X ] respects? 4 Does the project require any policy waiver(s)? Yes [ ] No [ X ] A. Summary of Proposed Changes An extension of the Project Closing Date (from November 27, 2015, to September 27, 2016) is proposed to enable the completion of four key activities: (i) Malargüe uranium remediation works; (ii) creation of a public green space in Malargüe; (iii) final deployment of the Environmental Monitoring Management System Tool (SIGA); and (iv) development of an environmental strengthening plan for provincial authorities. These activities are key to the satisfactory achievement of the PDO and meeting the overall project targets. An adjustment to the results matrix is also proposed in order to make some indicators more specific and measurable, and to better monitor the progress and results achieved during the remaining Project’s lifespan. Change in Implementing Agency Yes [ ] No [ X ] Change in Project's Development Objectives Yes [ ] No [ X ] Change in Results Framework Yes [ X ] No [ ] Change in Safeguard Policies Triggered Yes [ ] No [ X ] Change of EA category Yes [ ] No [ X ] Other Changes to Safeguards Yes [ ] No [ X ] Change in Legal Covenants Yes [ ] No [ X ] Change in Loan Closing Date(s) Yes [ X ] No [ ] Cancellations Proposed Yes [ ] No [ X ] Change to Financing Plan Yes [ ] No [ X ] Change in Disbursement Arrangements Yes [ ] No [ X ] Reallocation between Disbursement Categories Yes [ ] No [ X ] Change in Disbursement Estimates Yes [ ] No [ X ] Change to Components and Cost Yes [ ] No [ X ] Change in Institutional Arrangements Yes [ ] No [ X ] Change in Financial Management Yes [ ] No [ X ] Change in Procurement Yes [ ] No [ X ] Change in Implementation Schedule Yes [ ] No [ X ] Other Change(s) Yes [ ] No [ X ] Appraisal Summary Change in Economic and Financial Analysis Yes [ ] No [ X ] Appraisal Summary Change in Technical Analysis Yes [ ] No [ X ] Appraisal Summary Change in Social Analysis Yes [ ] No [ X ] Appraisal Summary Change in Environmental Analysis Yes [ ] No [ X ] Appraisal Summary Change in Risk Assessment Yes [ ] No [ X ] B. Project Status The Board approved this Project on July 31, 2008, and it became effective on April 28, 2010. At Mid-term review of the Project (December 2012), disbursement was around 12%. Disbursement to date from the US$30 million Loan is US$23.14 (or 77% of the total Loan amount). 5 In August 2015, the Borrower and the Bank agreed to a short-term action plan to improve the implementation progress of the Project. To date, the National Nuclear Energy Commission (CNEA) has accomplished most of the actions agreed in this action plan, achieving the following results: Acceleration of the remediation works in Malargüe, which aims to contain permanently -in an engineered construction cell- a total of 700,000 tons of uranium contaminated tailings from the closed Malargüe processing plant (global progress of civil works is now 80%). Complete transportation of the total volume of contaminated tailings to the Malargüe remediation site; thereby reducing pollution and economic and public health risks for the surrounding communities. Complete the environmental studies of five uranium legacy sites (old uranium mines and uranium processing facilities) located in five provinces in the country. Resolution of the national budgetary credit line for the project Presentation of the pending External Financial Audit, with no major issues to report. Development and installation of an Environmental Monitoring Management System Tool (SIGA) in CNEA almost complete. Remediation plans for the “El Chichón" and “Los Gigantes�? sites agreed between CNEA and the local and provincial governments, based on the Malargüe 'best-practice' example. As a result of the significant progress made by CNEA in the implementation of the agreed action plan, the progress toward achieving the PDO and the Implementation Progress (IP) were both rated as Moderately Satisfactory, after the mission undertaken in October, 2015. With the proposed extension of the Closing Date, the PDO remains relevant, strategic, and achievable. ENVIRONMENTAL BASELINE OF THE OTHER SEVEN SITES. The project has concluded environmental and radiological baseline studies of seven other uranium legacy sites: El Chichón, Los Gigantes, Tonco, Pichiñán, La Estela, Los Colorados, and Huemul. The results of these studies will contribute in the identification of the most appropriate alternative for the future remediation of these sites and for the preparation of the environmental impact assessments. SAFEGUARDS. The Project's safeguard performance has ranged from satisfactory to moderately satisfactory throughout the last two years of implementation. CNEA has developed the remediation works in Malargüe according to the agreed Environmental Management Plan (EMP), maintains a team that on a daily basis supervises the contractor and implements a very detailed Monitoring Program that measures radiological, environmental, health and safety parameters at the remediation site. Additionally, the Project maintains close monitoring of several sites around Malargüe to reduce risks to the local community and workers. The local and provincial governments as well as the National Nuclear Regulatory Authority (ARN) of Argentina have supervised the remediation works in Malargüe. Consultations and communication with the local government and communities were performed in a satisfactory manner and have continue during Project implementation. Access to information related to environmental monitoring has been limited, but CNEA has presented the Bank with a plan to improve it; thus access to information is expected to show improvement once the SIGA is completed. The Environmental Impact Assessment for the Malargüe works is published in the web site of CNEA. As of today, there are no Indigenous Peoples in the Project sites, no resettlement nor any other safeguards issues related to the Project. COMMUNICATION STRATEGY. CNEA has implemented a communication plan involving local 6 authorities and civil society since the beginning of the project. In Malargüe, workshops, technical fora, site visits, and inspections have been performed together with the local government, universities, agricultural agencies, high schools, and members of the surrounding communities. At the El Chichón, a focused strategy with the municipality, provincial government, and universities using the Malargüe works as an example, facilitated the remediation agreement for this site. INTERNATIONAL ADVISORY PANEL. The establishment of an international advisory panel, as foreseen in the Project Appraisal Document did not materialize due to a variety of issues such as governmental regulations limiting the hiring of international consultants. As an alternative, CNEA has confirmed the formation of this panel with the participation of two international experts in nuclear remediation from the International Atomic Energy Agency (IAEA) and a national expert to review the remediation works in Malargüe, the proposed remediation plan of El Chichón and Los Gigantes and to participate in a high level uranium-remediation training in Malargüe, with the involvement of governmental and provincial agencies. The input and participation of this panel in these activities will contribute in the strengthening of the Government of Argentina's capacity to assess and mitigate environmental risks associated with closed uranium mines and other related legacy sites, in accordance with international good practice which is an important aspect of the PDO of the Project. C. Proposed Changes Development Objectives/Results Project Development Objectives Original PDO The development objectives of the project are to: (a) strengthen Government of Argentina's capacity to assess and mitigate environmental risks associated with closed uranium mines, processing sites, and related mining sector investments in accordance with international good practice; and (b) reduce potential economic and health damages associated with a closed uranium mining site in Malargüe, Mendoza. Change in Project's Development Objectives Change in Results Framework Explanation: Some of the current indicators are difficult to track and measure because they include merged parameters (environmental impact assessments studies, design, remediation plans, communication plans, etc.) for different sites with different environmental conditions which are located in six different provinces, instead of specific site and the related investments. Therefore, a revision of the indicators is proposed in Annex 1, to better reflect the expected outcomes of the project and actual progress made towards the PDO. The four indicators for the PDO are being revised and a new one is added. Indicator 1. Sites separated into two indicators (1 and 2) to better measure results and investments. Indicator 3. Rephrased to measure the number of CNEA labs accredited with the ISO 17025. Indicator 4. Rephrased to address the reduction of health, environmental and economic risks through the removal and containment of the tailings. Indicator 5. Rephrased to measure the number of governmental agencies that will be trained by the Project Out of 10 Intermediate Indicators, five are being revised. The updated indicators will be included in the Project Operations Manual to comply with the provisions of the Loan Agreement. Financing 7 Change in Loan Closing Date(s) Explanation: On October 22, 2015, the Government of Argentina (GoA) made the formal request for a 10-month extension of the current Closing Date. The extension of the Closing Date (from November 27, 2015, to September 27, 2016) will allow the project to be completed successfully and the PDO to be achieved through the completion of the uranium Malargüe Remediation works, the first uranium remediation in the country and probably in Latin America. The extension will also afford additional time needed to complete the following: (i) the creation of a public (green) space in Malargüe; (ii) the final deployment of the Environmental Monitoring Management System Tool (SIGA); (iii) the institutional strengthening plan for provincial authorities. These activities are key to the satisfactory achievement of the PDO and meeting the overall project targets, thus ensuring that all environmental and human health risks are permanently addressed, per the agreed international standards. REMEDIATION WORKS. The extension of the current Closing Date will make it possible to: i) complete the removal and transportation of contaminated soils to the remediation site and iii) build the final layer to close the encapsulation cell. CNEA has estimated that the additional time needed to complete these works is seven months. Climatic conditions have in the past seriously affected the speed of the remediation works; thus a 3-month period is added as a precautionary measure to the proposed deadline. Given the health, social, and economic risks associated with uranium-contaminated sites, the Project is politically sensitive and carries a high reputational risk for both the Government of Argentina (GoA) and the Bank, if the remediation works were not to be completed. The Government of Argentina and CNEA plan to use this Project as a demonstration for future remediation works of the other seven uranium legacy sites in the country. PUBLIC GREEN SPACE IN MALARGÜE. As part of the mitigation measures of the legacy site, the municipality and CNEA agreed to build a public green space in Malargüe (in a non-contaminated area) based on a design to be proposed by local citizens. The estimated time required to complete the bidding and construction of the park is seven months. ENVIRONMENTAL MONITORING SYSTEM TOOL. The completion of the SIGA is estimated to take four months. The activities to be undertaken are: i) complete testing of the system, ii) provide training to CNEA staff, iii) complete the public portal and iv) install a Business intelligence module. INSTITUTIONAL STRENGTHENING PLAN FOR THE PROVINCIAL GOVERNMENTS. CNEA has prepared and proposed an Environmental Strengthening Provincial Plan which was consulted and agreed with the governmental agencies where the uranium legacy sites are located. The estimated time required to complete the implementation of the plan is about eight months. Original Closing Current Closing Proposed Closing Previous Closing Ln/Cr/TF Status Date Date Date Date(s) IBRD- Effective 30-Nov-2013 27-Nov-2015 27-Sep-2016 30-Nov-2013 75830 8 ANNEX 1. RESULTS FRAMEWORK Project Argentina Mining Environmental Restoration Project Project Restructuring Status: Final Name: (P110462) Stage: Team Requesting Ruth Tiffer-Sotomayor LCC7C Created by: Ruth Tiffer-Sotomayor on 06-Nov-2015 Leader(s) Unit: Product Responsible IBRD/IDA GEN04 Modified by: Ruth Tiffer-Sotomayor on 20-Nov-2015 Line: Unit: Country: Argentina Approval FY: 2009 LATIN AMERICA AND Lending Region: Specific Investment Loan CARIBBEAN Instrument: Project Development Objectives Original Project Development Objective: The development objectives of the project are to: (a) strengthen Government of Argentina's capacity to assess and mitigate environmental risks associated with closed uranium mines, processing sites, and related mining sector investments in accordance with international good practice; and (b) reduce potential economic and health damages associated with a closed uranium mining site in Malargüe, Mendoza. Results Core sector indicators are considered: Yes Results reporting level: Project Level Project Development Objective Indicators Status Indicator Name Core Unit of Measure Baseline Actual(Current) End Target Revised Environmental risks of Los Text Value 0 Baseline Engineering Gigantes and El Chichón sites Environmental design identified; baseline Study completed; completed environmental studies Remediation plan completed; remediation plan consulted and consulted and agreed with agreed with local authorities and engineering authorities design completed 28-Apr-2010 20-Oct-2015 27-Sep-2016 Date Comment Original Environmental risks in other Text Value 0 Malargüe 100%; 100% seven CNEA sites identified, 5 sites: 50% management plans evaluated, (environmental disclosed and agreed with studies completed) stakeholders. 2 sites: 75% (environmental studies completed, remediation alternative defined) Date 28-Apr-2010 20-Oct-2015 27-Nov-2015 Comment New Environmental risks of other Yes/No Value No Yes Yes five legacy sites (Tonco-Salta, Date 28-Apr-2010 28-Aug-2015 27-Sep-2016 Pichiñán- Chubut, La Estela- San Luis, Los Colorados-La Comment Studies have been Rioja and Huemul-Mendoza) completed identified and baseline environmental studies completed Revised Number of CNEA laboratories Text Value 0 4 4 accredited ISO 17025 to Date 28-Apr-2010 20-Oct-2015 27-Sep-2016 monitor water, air, soil and radiological parameters Comment Labs: Ezeiza, Constituyentes, San Rafael, Córdoba, Original CNEA laboratories where Text Value 0 100% 100% PRAMU analysis are carried Date 28-Apr-2010 20-Oct-2014 27-Nov-2015 are ISO 17025 certified to ensure quality in analysis, Comment administrative and technic al operations which are also verified by COCALIN. 10 Revised Reduced health, environmental Text Value 0 100% 100% and economic risks associated Date 28-Apr-2010 20-Oct-2015 27-Sep-2016 with the Malargüe site to be addressed through the removal Comment 700,000 tons of of the tailings according to the tailings have been remediation plan agreed with removed and authorities transported d to the remediation cell. Original All potential health and Text Value 0 80.3% global 100 economic risks associated with progress of the Malargüe site to be remediation works addressed through the 100% of removal of implementation of remediation tailings plans agreed with stakeholders. 28-Apr-2010 20-Oct-2015 27-Nov-2015 Date Comment Revised Number of governmental Text Value 0 10 15 agencies, where legacy sites are Date 25-Jul-2013 20-Oct-2015 27-Sep-2016 located, trained on environmental monitoring Comment Official trained Officials procedures for management from: targeted from: and supervision of mining Mendoza, Salta, Mendoza, Salta, operations or uranium legacy Cordoba, La Rioja, Cordoba, La sites Chubut Rioja, Chubut, San Luis, Buenos Aires, other. Original Environmental monitoring Text Value 0 20% progress of a 100% procedures for management of new capacity implementation mining operations and/or building plan of capacity plan former uranium mining sites 25-Jul-2013 20-Oct-2015 27-Nov-2015 Date have been transferred to government agencies Comment Intermediate Results Indicators Status Indicator Name Core Unit of Measure Baseline Actual(Current) End Target 11 No Change Percentage of planned site - Text Value 0 80.3% global; 100 Malargüe- remediation works 100% tailings completed 28-Apr-2010 20-Oct-2015 27-Nov-2015 Date Comment Revised Reduced risk of environmental Text Value 0 100% 100% pollution by the transportation transportation of and removal of tailings tailings completed Date 28-Apr-2010 20-Oct-2015 27-Sep-2016 Comment Original Percentage of contaminant Text Value 0 80.3% advance in 100% exposure levels which have global civil works; been reduced at or below the 100% defined standards transportation of tailings completed Date 28-Apr-2010 20-Oct-2015 27-Nov-2015 Comment No Change Proportion of field samples and Percentage Value 0.00 100.00 100.00 lab analysis which adhere to Date 28-Apr-2010 20-Oct-2015 27-Nov-2015 QA/QC procedures Comment Revised Communication Strategy in Text Value 0 75% 100 Malargüe is designed, Date 28-Apr-2010 20-Oct-2015 27-Sep-2016 implemented and results evaluated Comment Original Evidence that public Text Value 0 75% 100 information campaigns are Date 28-Apr-2010 20-Oct-2015 27-Nov-2015 relevant, meaningful and meet or exceed stakeholder Comment expectations No Change Design of public (green) space Text Value 0 20% progress. 100% at the Malargüe site agreed ToRs developed 12 with stakeholders and with and public contest municipality and preliminary for park designs works initiated launched Date 20-Oct-2015 27-Nov-2015 Comment Revised Number of the other seven Text Value 0 7 7 CNEA sites (El Chichón, Los Date 20-Oct-2015 27-Sep-2016 Gigantes,Tonco, Pichiñan, La Estela, Los Colorados, Comment Evaluation of each Huemul) with environment site of its legacy evaluation of legacy issues issues completed Original Number of CNEA sites with Text Value 0 8 sites: 8 completed assessments of Environmental legacy issues, engineering Studies designs for remediation see comments measures, environmental Date 20-Oct-2015 27-Nov-2015 impact assessments under consultation Comment Revised Number of CNEA laboratories Number Value 0.00 5.00 5.00 with equipment and installed Date 20-Oct-2015 27-Sep-2016 capacity for monitoring environmental parameters Comment (including radiological) on water, soil and air samples, which are supervised by COCALIN Original Number of CNEA laboratories Number Value 0.00 5.00 5.00 with installed capacity for Date 20-Oct-2015 27-Nov-2015 monitoring environmental parameters (including Comment radiological) on water, soil and air samples, which are accredited by COCALIN New Number of the other seven Number Value 0.00 0.00 2.00 13 CNEA sites with remediation Date 20-Oct-2015 27-Sep-2016 designs completed Comment Preparation bidding El Chichón; process Los Gigantes Revised Number of training modules Percentage Value 0.00 2.00 5.00 (on environmental monitoring, Date 20-Oct-2015 27-Sep-2016 remediation and other relevant topics) agreed and delivered to Comment governmental agencies, where uranium legacies sites are located. Original Proportion of government Percentage Value 0.00 5.00 7.00 agencies identified, included in Date 20-Oct-2015 27-Nov-2015 action plans and participating in institutional strengthening Comment activities No Change Environmental Information Percentage Value 0.00 95.00 100.00 Management System Date 20-Oct-2015 27-Nov-2015 developed and under implementation, consistent Comment with best international practices, and including data on all Project sites No Change Communication strategies Text Value 0 1 campaign 3 under implementation at achieved in relevant CNEA sites included Malargüe. A in the Project consulting firm hired to design the communication campaign for El Chichón and Los Gigantes. Date 20-Oct-2015 27-Nov-2015 Comment 14