Canada’s mining industry is restraining proposed tougher federal coal effluent regulations. They claim that the draft regulations aren’t practical or supported by science.
Pierre Gratton, of the Mining Association of Canada, stated that “we just don’t see a way to achieving these limits.” He also expressed concern in a March 2 letter addressed to Environment Canada.
“(Environment Canada), has not presented a justification to go beyond the limits that have already been agreed to.”
Since 2017, the federal government has attempted to create effluent regulations for coal. This was in response to industry requests.
Current regulations for coal mines are set by the Fisheries Act. This Act prohibits any contaminants from entering any waterway. Industry wanted tailor-made rules that would address the specific concerns associated with coal mining.
After four rounds consultations, the government released a revised discussion document on the regulations in Jan. This month, the comment period was closed.
The document limits what can be released from the effluent pipe for three contaminants: suspended particles, nitrate, and selenium. This is an element that has been known to damage fish reproduction. Industry believes that the proposed limits of nitrate (which has been increased from the previous version) are still too strict.
For example, the average level of selenium in effluent from new and old mines would be 10 micrograms per Liter.
“(Environment Canada] proposes in-stream and pipe limits for selenium which are simply not possible using current, proven technology,” reads the letter.
“This isn’t a question about cost. The technology is not available to achieve the goals that (Environment Canada), has set out.
Gratton claimed that the proposed limits undermined discussions in places like British Columbia’s Elk Valley. Here, a wide variety of stakeholders have already created a management strategy for a selenium issue caused by decades worth of coal mining.
He stated, “They are proposing lower limitations than those that were reached at.”
Charles Dumaresq is the head of science management and environmental management for the mining association. He stated that even new mines would not be able to meet the discussion document’s goals.
“Even at these limits, they are pushing the boundaries of what current technology has to offer.”
The association also pointed out that the suggested limits were based on general guidelines to protect aquatic ecosystems and not on specific research on the behaviour selenium in watersheds such as the Elk Valley’s.
“(Environment Canada hasn’t been able justify why the lower level was necessary,” Gratton stated.
The association supports many of the suggestions in the effluent proposal.
Dumaresq said, “Environment Canada is proposing a very strong component in environmental monitoring.” It provides instream evidence that companies are doing the right things and if there are any problems.
“We support them.”
Environmental groups have voiced their disapproval at the industry’s refusal to accept the discussion paper.
They argue that tighter restrictions are justified given the uncertainty of how selenium flows through streams and rivers. They say regulations should be based on the environment and not the capabilities of industry.
They also criticized the paper’s reliance upon the effluent that comes out of the pipe rather than a holistic view of the effects.
Gratton stated that the discussion document is a good starting point, but still needs to be improved.
“They have the makings of something that could work well. There are still some significant issues that must be addressed.
Environment Canada will offer another 60-day comment period before the year ends. A final version of the regulations is expected to be available by the end 2023.
This report was first published by The Canadian Press on Match 13, 2022.
