Implementation and Enforcement Critical to Success of First Attempt at Tailings Regulation

Feb. 3, 2009

The Energy Resources and Conservation Board (ERCB) released a new directive today that could help reduce the future creation of toxic tailings waste from oilsands mining. Since 1967, oilsands mining operators have been allowed to manage tailings on a voluntary basis with little government enforcement. The new directive will, for the first time, require operators to submit annual plans, including schedules, for reducing toxic fluid tailings waste.

“While the directive intends to reduce new tailings waste, it is unclear how the directive will address the 720 billion litres of ‘legacy’ tailings on the landscape today,” says Jennifer Grant, Policy Analyst with the Pembina Institute.

Tailings production in the Athabasca region has reached staggering proportions: 2,000 to 2,500 litres of tailings are produced for every barrel of bitumen. Industry’s failure to meet past targets for tailings reduction and reclamation has resulted in large tailings ponds that occupy a combined area of 130 square kilometres (approximately twice the size of the city of Red Deer).

The ERCB’s new directive sets out targets and timelines for operators to transform tailings waste into solid deposits beginning in 2010. The new directive is intended to address unresolved public concerns regarding tailings seepage, reclamation and impacts on the aquatic ecosystem and community health.

“Given the very weak track record of the ERCB and the Government of Alberta in implementing and enforcing oilsands environmental regulations, it may take two to five years to determine if this directive has teeth,” says Grant. “Transparency regarding annual reporting, performance and enforcement will be paramount to the directive’s credibility and success.”

To date, there has been no proven solution to reclaim tailings waste in the long term. Prior to this directive, industry has proposed capping tailings waste with fresh water from the Athabasca River in end pit lakes. This proposal is a concern because it has never been demonstrated that the use of end pit lakes as toxic waste dumps is a safe or viable solution.

“The Pembina Institute supports the ERCB goal to eliminate the long-term storage of fluid tailings. However, we need immediate action on the current risks and threats of tailings on the landscape. The ERCB should not approve any more mining projects until solutions to the risks around tailings reclamation are demonstrated,” says Simon Dyer, Director of the Pembina Institute’s oilsands program.

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For more information contact:

Simon Dyer
Oilsands Program Director
The Pembina Institute
403-721-3937

Jennifer Grant
Policy Analyst
The Pembina Institute
403-678-0449

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