Tails of Woe – Alberta Tailings Ponds Management Undergraduate Project

Governance in the Alberta Oil Sands Tailings Ponds

While tailings ponds in Alberta—large basins designed for storing waste produced during the oil extraction process—are essential to the continued operation of bitumen mining, they have significant environmental impacts. Most recently, they have begun to leak into the Athabasca River: a major water source for plants, wildlife and large human populations alike. The ultimate power in dealing with these, and various other, impacts is held by the Alberta and Canadian government (Natural Resources Canada, 2015). They exclusively have the ability to strengthen, or weaken, regulations regarding the construction, maintenance and reclamation of tailings ponds and in turn hold the power to minimizing their environmental impacts and protecting the local ecosystem and communities.

Although the Canadian government is a signatory to numerous international agreements pertaining to environmental management, none affect the pollutants emitted by the tailings ponds into the soil (Environment Canada, 2013). While some of these agreements do concern themselves with the impacts of waste, one, the Stockholm Convention, focuses on household chemicals and agricultural pesticides (Stockholm Convention, 2013), while the other, Strategic Approach to International Chemical Management, is non-binding and makes few mentions of any specific substances (SAICM, 2006). Not only are Canadian international agreements largely irrelevant, but their other partnerships hold little sway as well. Earlier this year NAFTA attempted to launch an inquiry into the seepage of tailings ponds’ waste into the river system on the grounds that it is against the federal government’s own Fisheries Act, which prohibits toxic material from contaminating water (McDiarmid, 2015). This probe, however, was blocked by the federal government which further demonstrates how minimal the influence of these international organisations and agreements is in encouraging increased action to counter any environmental risks.

Within Canada itself, the government may be responsible for regulatory decisions with regards to tailings ponds management if they involve uranium tailings, navigable waters, fish bearing waters and fisheries, environmental matters of international and inter-provincial concern, and federal lands. However, despite this, Natural Resources Canada “does not have a mandate with respect to the regulations of tailings” (Natural Resources Canada, 2015). There is, however, more general yet still relevant legislation pertaining to rivers. The Fisheries Act is again a good example as it demonstrates the ineffectiveness of current self-imposed regulations. Amended by the Jobs, Growth and Long-Term Prosperity Act, it was weakened to address only fish that are part of a commercial, recreational or Aboriginal fishery, and allows for non-permanent damage to be done to fish habitat as well as assessment of this damage to be done by the proponent, with no requirement for government verification. (Miners, 2015). Thus, while there is legislation for protecting fish and their habitats, it is not extensive enough to adequately deal with the problem. More specific tailings ponds regulation is predominantly concentrated in the provincial government. Earlier this year the Alberta government released the “Tailings Management Framework for the Mineable Athabasca Oil Sands” which builds on existing legislation such as the Environmental Protection and Enhancement Act, which prohibits the “release of a substance into the environment in an amount, concentration or level or at a rate of release that is in excess of that expressly prescribed by an approval” (Alberta Government, 2015; Province of Alberta, 2014, p. 75). The “Tailings Management Framework” aims to reducing the risk of seepage by limiting the size of tailings ponds and the volume of fluids within them. Unfortunately, however, it does not include more direct approaches to fighting seepage, nor does it address potential actions with any existing seepage. This is nevertheless an important document because it creates a framework that helps expand on existing legislation in the absence of anything similar at the national level.

In addition to this, of course, there exists an informal cultural aspect relating to tailings ponds. There is a broad, overarching concern for the environment and existing regulations are meant to protect human populations the same as they also care for plant and animal life by attempting to minimise impacts on their habitats and to reduce the amount of toxins in their water and food supply. While in government these concerns may sometimes be compromised in the pursuit of private investment, they remain present in the minds of the people, and in particular in First Nations communities. Due perhaps to their greater reliance on nature, they have been instrumental in leading the fight against tailings pond mismanagement. For example, upon research that “found contaminants in traditional foods such as muskrat and moose,” the Mikisew Cree First Nation along with the Athabasca Chipewyan First Nation, both located downstream from the tailings ponds, called for a “greater say in the pace of development and environmental regulations” in order to be able to deal with the projects that they claim compromise the integrity of the environment and wildlife (McCarthy & Cryderman, 2014).

Due to all these regulations pertaining to the government, transparency, openness to public participation and accountability are crucial in determining that proper action is taken to make sure that tailings ponds are being dealt with in a responsible way. Transparency is indeed an issue, as new legislation is really only made available to the public upon completion. The process and reasoning in the creation of laws is largely hidden, and when explanations are given there is no guarantee that they were the true drivers behind the decision that was ultimately made. In more extreme cases, like the blocking of the NAFTA probe into the tailings ponds seepage, the federal government explicitly denied to be transparent by refusing the public to collect information on the government’s actions that the public may use against them. In doing so, the government is also creating barriers to public participation by withholding information and therefore preventing citizens from having a base on which to advocate on.

There is of course a level of consultative participation in that the government accepts comments and feedback, thereby allowing the public to have some sort of voice in what goes on. However, they are under no obligation to take any of this into account when making decisions and while they may provide the reasoning behind these decisions, it does not have to be something that the public agrees with.

This is relatively easy to do because of the low level of accountability that governments face. While citizens are free to voice their displeasure, it carries little consequence. In severe cases legal action may be an option, but this is a difficult and time consuming process that few can afford, and results are not guaranteed. Ultimately, government accountability comes in the form of elections where voters evaluate its general performance and decide whether to keep or replace it. The obvious problems with this approach are that these opportunities come relatively rarely and refuse voters the chance to voice displeasure with specific policies. That being said, the alleged “muzzling of scientists” by the federal Conservative party, which affected knowledge of the oil sands, was made to be quite a large issue in the recent election that saw their defeat, so while elections are not the most efficient form of accountability, they can still have an impact.

In conclusion, while there are many factors that come into governance’s treatment of tailings pond seepage, they have minimal effect. The international environmental agreements that Canada is a part of do not address water contamination specifically, while relevant domestic legislation has been significantly weakened. And though public pressure to improve regulation and reduce impacts exists, it faces the challenges of a largely opaque government that discourages public participation and is difficult to hold accountable. Of course, these issues are generic and exist with government in general. They can, however, be remedied, primarily through stronger, binding international agreements that encourage the government to set stricter regulations on itself and to create greater ties with local, affected citizens. If little accountability currently exists from the citizens below, it must come from the international community above. Starting with just one river, this external pressure would make a world of difference.

References

Alberta Government. (2015). Lower Athabasca region: Tailings management framework for the Mineable Athabasca oil sands. Retrieved from http://esrd.alberta.ca/focus/cumulative-effects/cumulative-effects- management/management-frameworks/documents/LARP-TailingsMgtAthabascaOilsands-Mar2015.pdf

Environment Canada. (2013). International activities. Retrieved from https://www.ec.gc.ca/gdd-mw/default.asp?lang=En&n=B9F17838-1

McCarthy, S., & Cryderman, K. (2014, July 7). Oil sands pollutants contaminate traditional First Nations’ foods: report. The Globe and Mail. Retrieved from http://www.theglobeandmail.com/news/national/oil-sands-pollutants- affect-first-nations diets-according-to-study/article19484551/

McDiarmid, M. (2015, January 28). NAFTA probe of Alberta’s tailings ponds blocked by Canada. CBC News. Retrieved from http://www.cbc.ca/news/politics/nafta-probe-of-alberta-s-tailings-ponds-blocked-by-canada- 1.2935004

Miners, J. (2015). A wicked problem? Land-use impacts in the Fraser Valley. Personal Collection of J. Miners, University of British Columbia, Vancouver, BC.

Natural Resources Canada. (2015). Tailings management at NRCan. Retrieved from http://www.nrcan.gc.ca/mining-materials/publications/13924

Province of Alberta. (2015). Environmental protection and enhancement act. Edmonton, AB: Alberta Queen’s Printer. Retrieved from http://www.qp.alberta.ca/documents/Acts/E12.pdf

Strategic Approach to International Chemicals Management. (2006). Strategic Approach to International Chemicals Management. Geneva: United Nations Environment Programme. Available from http://www.saicm.org/

Stockholm Convention. (2013). Stockholm Convention. Available from http://chm.pops.int/Home/tabid/2121/Default.aspx

Annotated Project Bibliography: Economic Focus

Anielski, M. & Wilson S. (2010). The real wealth of the Mackenzie region. Ottawa, ON:

Canadian Boreal Initiative. Retrieved from www.library.ubc.ca

This is a peer-reviewed book available both online and in print. It seeks to demonstrate the importance of the Mackenzie River watershed by attempting to put a cash value on the ecosystem services it provides. This is an important source to have when researching the economy because it is one of very few sources that showcases the economic value of the land itself, not of that obtained by its exploitation. The way this is calculated is complicated, but put simply it is done by estimating the value generated by various ecosystem services, accounting for any relationships that might alter it and adding all these values up. This is a difficult study to conduct because it involves a large amount of assumption and imperfect estimation, however it is still useful as a ballpark figure to compare to other reports. This study was supported largely by an NGO, which may risk its findings to bias, though unlikely any more than sources on the other side of this question. And while the study deals with the Mackenzie rather than the Athabasca River, it is one of the only studies of its kind and it was decided that with the Mackenzie River being relatively near, the findings would likely be close enough to that of the Athabasca River for our purposes.

Canadian Association of Petroleum Producers. (2015). Economic contribution. Retrieved

fromhttp://www.oilsandstoday.ca/ENERGYECONENVIRON/Pages/EconomicContribution.aspx

This is an article produced by CAPP, a lobby group supporting the oil sands. It mainly seeks to highlight the many positive impacts the oil sands have had not only on Alberta, but on all of Canada. This makes it an important source to study as it broadens the area, and therefore the number of stakeholders, that the oil sands benefit economically. It also brings up the benefits to First Nations people, which is crucial given their heavy involvement in the tailings ponds controversies. Its research comes primarily in the form of statistics gathered from other NGO reports. While this may lead to bias, especially with the author being a pro-oil sands lobby group, the numbers provided are still useful. It must be considered that these are also the numbers provided to the public and to policy-makers, and thus for the sake of consistency we must make use of them as well.

Giesy, J.P., Anderson, J.C., & Wiseman, S.B. (2010). Alberta oil sands development

Proceedings of the National Academy of Sciences of the United States of America, 107,

951-952. doi: 10.1073/pnas.0912880107

This is a peer-reviewed journal article weighing the economic benefits of the oil sands with the environmental impacts. This reference appears to be reliable due to its expansive amount of sources despite its own short length, and it is published in the highly regarded PNAS journal. Drawing from both government and academic sources, it focuses primarily on the various pollutants emitted by the oil sands rather than their economic effects. However, it also touches on the degradation of the natural environment involved and how these lost ecosystem services must be taken into account when calculating the oil sands’ economic contributions. Therefore, it may be useful to our project both when studying the role of the economy as well as environmental impacts.

Government of Alberta (2014). Economic benefits. Retrieved from

http://oilsands.alberta.ca/economicinvestment.html

This a government-issued report on the oil sands’ economic benefits. It simply provides some additional information and statistics on the subject and really emphasises how crucial oil is to both Alberta’s and Canada’s economy. While the Canadian Energy Research Institute and Statistics Canada are named as sources, much of the information is uncited and is thus assumed to have come from internal research. This may appear problematic, however it is unlikely that a government would have much to gain from exaggerating these claims. Furthermore, these are the statistics that are made public and the ones that are used when comparing the economic benefits and the environmental impacts made by the oil sands, and as such are the ones we should use as well. With issues like these, human perception is critical, and thus using the same resources as the majority of stakeholders do is crucial.

Government of Alberta (2015). Alberta’s international exports by industry: A 10-year review,

2004 to 2014. Retrieved from http://www.albertacanada.com/files/albertacanada/SP

EH_AIME-10-year-review.pdf

This is a government-produced report on Alberta’s international exports from 2004 to 2014. It focuses on a wide variety of industries, but devotes a large portion towards oil. This is an important resource because it has a very large number of statistics relating to oil and demonstrates oil’s domination of the provincial economy. This information is drawn primarily from Statistics Canada. The report thus functions best as a dataset, with a large number of numbers provided for analysis. Unfortunately, it does not offer much explanation of them, and this is something that we must do by relating these statistics with the other, more analytical sources.

Honarvar, A., Rozhon, J., Millington, D., Walden, T., Murillo, C.A., Walden, Z. (2011).

Economic impacts of new oil sands projects in Alberta (2010-2035). Calgary, AB:

Canadian Energy Research Institute. Retrieved from www.library.ubc.ca

This is a study that aims to evaluate the economic impacts of Alberta’s new oil sands projects through an Input Output model and using projections to try and predict what they could be in the future. It is a useful source for a variety of reasons, notably that it is by far the most extensive and includes a massive amount of research. It allows us to observe not just the existing economic output of the oil sands, but that which may occur from new and expanded projects as well. In addition to this, it also mentions the economic impact on the US, which is relevant based on the large number of American stakeholders. Research was amassed from both government and academic sources and was used primarily as material with which to perform calculations. This source is reliable as it was written by academics who specialise in energy economics, though this does open it up to bias. So while the findings are likely accurate, it must be kept in mind that it is written primarily from one, an economic, perspective.

Mansell, R.L. & Schlenker, R.C. (2006). Energy and the Alberta economy: Past and future

impacts and implications. Calgary, AB: Institute for Sustainable Energy, Environment and Economy. Retrieved from www.abll.ca/references/download/357/ABEnergyFutures-01.pdf

This is a peer-reviewed article studying the “historical and future role of oil and gas in the development and performance of the Alberta economy.” This paper is important because it does not only focus on the economic output of the oil sands, but on their role in the greater Alberta economy. This is useful since it allows us to see beyond the numbers and look into the larger relevance of the oil sands to Alberta and its other industries. The article draws its research from a well-balanced number of sources including both government and non-government organisation reports, academic papers as well as data provided by Statistics Canada, which allows it to gain as much as information as possible, while at the same time cancelling out any biases. The paper’s reliability is further enhanced by the publishing organisation’s diverse staff, which includes academics, scientists and energy company representatives.

Oil Sands Operations, Alberta Energy (SD). (2015). Alberta’s oil sands projects and upgraders.

Retrieved from http://www.energy.alberta.ca/LandAccess/pdfs/OilSands_Projects.pdf

This is a map produced by the government of Alberta and should primarily be thought of as a dataset. It includes the location of every oil sands drilling and upgrading projects operating today, excluding those that have produced less than 1,000 gallons of bitumen in the last 6 months, as well as the location and statuses of future projects. This map is important not only to assess where environmental impacts could be concentrated, but are also important when looking at the economics of this issue as the locations of these projects are likely to be heavily invested in the oil sands. It draws attention to smaller cities who also benefit economically from the oil sands, rather than just Edmonton and Calgary. The map was made from several different government databases and is thus up-to-date and reliable.

Toneguzzi, M. (2015, July 9). TD Economics predicts recession for Alberta this year.

Calgary Herald. Retrieved from www.calgaryherald.com

This is a newspaper article discussing the forecasts blaming falling oil prices for the economic recession in Alberta. Despite the many positives that the oil sands provide economically, this article demonstrates that over-reliance on them leaves the province vulnerable to outside forces and shows how even other industries, such as construction, rely on the continued success of the oil sands. This information is important to keep in mind when studying the economic benefits of the oil sands because it demonstrates how fragile this growth can really be. The findings here are taken from TD Economics, though it mentions other sources have come to similar conclusions, lending the article credibility.

Framing Complex Problems: Oil Sands Tailings Ponds

Tailings ponds near the Alberta oil sands are most definitely a wicked problem. Little is known about their precise impacts and the research that has been done is highly contested. While certain parties allege that these tailings ponds seep into and contaminate the soil and water systems, thereby negatively affecting vegetation and its consumers’ health, both energy companies as well as government refute these claims and insist that there are no health risks due to the tailings ponds (Tailings, Aboriginal People). Among those that do believe there to be a problem, there are multiple theories on how to solve it, ranging from chemically neutralising these ponds to shutting them down altogether (Schor). In addition to this, it is difficult to predict how these actions, or lack there-of, would impact the environment and business relationships until they are implemented for a significant time.

Social opinion is also split. Some of those who live nearby, particularly along the Athabasca river and including several First Nations groups, are concerned about their health as well as that of their local ecosystems and would like to see environmental considerations improved (Cryderman and McCarthy). However, there are others whose economic well-being depends on the energy companies who use these tailings ponds and so believe in providing them with comfortable conditions and minimal costs in an effort to retain them for as long as possible. These proponents include not only locals, but also people living in major centres such as Edmonton and Calgary where the economy is highly dependent on the continued presence of these companies. The same logic applies to the continued government support as well. It is a classic example of the common “economy vs. environment” debate, as those who rely on the money generated by the oil sands have concerns that increased environmental regulations, and the costs associated with them, could drive companies out of an already volatile situation. With so many different stakeholders, views of the problem, solutions and other processes involved, tailing ponds are a wicked problem indeed.

I constructed my mind map in the simplest way I could–a list of stakeholders, negative arguments and supporting arguments. The list of stakeholders is massive, from opponents to proponents and from locals to outsiders, and is the primary reason for the issue’s complexity. First Nations groups reliant on the Athabasca River for both water and food, such as the Mikisew Cree and the Athabasca Chipewyan, are concerned with its increasing pollution because it severely impacts their traditional ways of life and forces them to purchase food commercially (Cryderman and McCarthy). Other First Nations, like Fort McKay, are heavily employed in the oil sands and thus might want more favourable business conditions to maintain their jobs (Aboriginal People). The energy companies are of course most concerned with profit margins and thus want to maintain their liberal use of tailings ponds. All three levels of government generally want to retain these companies due to the economic stimulus they provide. As such, they are hesitant to impose restrictions, despite environmental costs. Supporters, or likely more accurately “those opposed to intervention,” follow the same train of thought, preferring to minimise complications for the energy companies their livelihoods depend on. Rightly or wrongly, they believe that increased regulations may negatively impact these companies’ presence in the area and therefore result in economic shrinking. At the same time, other governments along with international institutions are concerned with this environmental mistreatment and continually lobby the government to take action (Weber, NAFTA Watchdog).

Environmental and health costs are numerous but contested. A number of toxins have been identified in tailings, which enter the ecosystem in numerous ways. Some toxins evaporate into the air which contributes both to greenhouse gas emissions as well as degradation of the air that both wildlife and humans breathe. The toxins also get absorbed by the soil, affecting its quality and thus that of the vegetation that grows in it. This contaminated vegetation is than eaten by livestock, which is in turn consumed by humans, resulting in health problems including cancer. Through the soil, the toxins find their way into the water system, which again impacts the wildlife that drinks it (Linnitt). This particularly affects the First Nations communities living along the polluted Athabasca River because they are no longer able to hunt the local wildlife as they traditionally have done, since it has been contaminated from drinking the river water.

At the best of times, cleanup of tailings ponds is time consuming and expensive. But it is also often challenging and full remediation cannot be guaranteed (Weber, Oil Sands Giants) However if the pollution increases to more dramatic levels, impacts on the local ecosystems may be much more serious, for example the destruction of a species or plant. If that happens, full ecosystem recovery would be very difficult.

Works Cited

“Aboriginal People.” Alberta government. Government of Alberta. N.d. Web. 23 Sept. 2015.

<http://oilsands.alberta.ca/aboriginalpeople.html>

Cryderman, Kelly and McCarthy, Shawn. “Oil sands pollutants contaminate traditional First

Nations food: report.” The Globe and Mail. Phillip Crawley. 7 Jul. 2014. Web. 23 Sept.

<http://www.theglobeandmail.com/news/national/oil-sands-pollutants-affect-first-nations-diets-according-to-study/article19484551/>

“Key Oilsands Projects.” Oilsands Review. JuneWarren-Nickle’s Energy Group. N.d. Web.

23 Sept. 2015. <http://navigator.oilsandsreview.com/listing>

Linnit, Carol. “Environment Canada Study Reveals Oilsands Tailings Ponds Emit Toxins to

Atmosphere at Much Higher Levels than Reported.” Desmog Canada. N.p. 28 Nov.

Web. 24 Sept. 2015. <http://www.desmog.ca/2014/11/28/environment-canada

study-reveals-oilsands-tailings-ponds-emit-toxins-atmosphere-much-higher-levels

reported>

Schor, Elana. “Reclaimed Dump Sparks Oil Sands Sustainability Debate.” The New York Times.

The New York Times Company. 16 Aug. 2011. Web. 24 Sept. 2015.

<http://www.nytimes.com/gwire/2011/08/16/16greenwire-reclaimed-dump-sparks-oil

sands-sustainability-44003.html?pagewanted=all>

“Tailings.” Pembina Institute. The Pembina Institute. N.d. Web. 23 Sept. 2015.

<http://www.pembina.org/oil-sands/os101/tailings>

Weber, Bob. “NAFTA watchdog wants to probe oil sands tailings.” Maclean’s. Rogers Media.

8 Aug. 2014. Web. 24 Sept. 2015. <http://www.macleans.ca/politics/nafta-watchdog

wants-to-probe-oilsands-tailings/>

Weber, Bob. “Oil sands giants granted more time for cleanup after missing targets.”

Financial Post. National Post. 12 Jun. 2013. Web. 24 Sept. 2015.

<http://business.financialpost.com/news/energy/oil-sands-giants-granted-more-time-for-cleanup-after-missing-targets?__lsa=e6bb-8bae>

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I’m Anton Metalnikov and I’m an undergraduate human geography student at the University of British Columbia and an aspiring urban planner! My main interests lie in sustainable transportation choices and how they both affect and are affected by urban design. Here you will find my thoughts on this and other subjects as I strive to bring my own unique perspective into an already busy field. Welcome!