ESAAs Environmental Summit
April 15-17, 2023
Kananaskis Mountain Lodge
Meet the Sustainability Panel
A comprehensive panel discussion that explores the paramount role of sustainability in environmental decision-making. It delves into the intricacies of prioritizing sustainability within the environmental industry and investigates frameworks and methodologies for seamlessly integrating this ethos into decision-making processes and organizational culture. The discussion emphasizes the delicate balance required to simultaneously address environmental challenges, promote social equity, and ensure economic viability.
Panelist Focus:
Jill Roth, Luuceo Consulting. – provides an overview on the process of developing organizational sustainability plans and supporting strategies, focusing on the increasing significance of Environmental Social Governance (ESG) in the construction industry. The talk addresses challenges in defining impactful and implementable ESG goals, highlighting the importance of strategic planning over short, medium, and long-term timelines.
Vivian Bond, Manager Bureau Veritas – offers insights into connecting United Nations Sustainable Goals to organizational objectives. The presentation outlines Bureau Veritas’ decade-long sustainability journey in the Canadian marketplace, showcasing the reduction in sampling container use, waste diversion, responsible resource management, and digital solutions.
Bruce Tunnicliffe, Founder of Vertex Environmental – delves into sustainable remediation by advocating for a holistic perspective that considers the interconnectedness of the environment, economy, and social interests. The talk underscores the need to move away from traditional remedial methods toward innovative approaches like Natural Source Zone Depletion and In-Situ techniques. A plea is made for upcoming regulations to embody and reinforce the ethos of environmental stewardship.
Michelle Heffernan, Partner at Trace Associates – expands the scope of sustainability to encompass people and culture. The discussion explores potential pitfalls in language use within a dynamic and diverse workforce. Heffernan emphasizes the value of learning moments and underscores the importance of continuous positive change in fostering diversity, equity, inclusion, and respect in the workplace. The presentation encourages a proactive approach to understanding and addressing the evolving landscape of sustainability in both environmental and human contexts.
Biographies:
Moderator
Joshua Dias, has over 17 years of experience in environmental sciences, leading teams to growth and working with customers across the globe. Josh has strategic oversight over Western Canada and Emerging Markets for Bureau Veritas in Canada/US, aiming to always bring innovative, practical and tangible solutions to customers’ problems. An innovator at heart, he leads the company efforts with digital to simplify working to impact customer and employee experience. With Basecamp in Calgary, he can often be spotted on a mountain: biking, hiking, camping, snowboarding with friends and a smile. Also, the greatest Indian born ice hockey player (ask him about this).
Panelists
Jill Roth P.Eng., ENV SP, WELL AP, is a senior consultant at Luuceo, focused on sustainable infrastructure project delivery. Her background is in environmental engineering. Her early experience in environmental consulting includes working on contaminated sites, completing site assessments and remediation programs. From this, she has specialized knowledge on the environmental impacts and opportunities associated with different types of infrastructure projects. Jill is a registered professional engineer with EGBC, an Envision Sustainability Professional, Trainer, and Verifier, a WELL AP and LEED GA and is formally trained in the PIEVC Protocol.2
Vivian Bond, has spent more than 14 years collaborating with environmental laboratory stakeholders, clients, and employees throughout Western Canada. In her current role as the Regional Sales Manager at Bureau Veritas, she has cultivated a profound appreciation for the significance of sustainable practices in the business landscape. Her dedication to purpose-driven business, environmental stewardship, and inventive solutions has motivated her to seek fresh approaches. Vivian is actively exploring new avenues to enhance efficiency by harnessing technology for a positive impact. Specializing in crafting outstanding customer experiences, Vivian is not only contributing to the ongoing digital transformation of the environmental industry but also spearheading innovative solutions that seamlessly integrate technology and foster sustainable practices for a resilient future.
Bruce Tunnicliffe, M.A. Sc., P.Eng. is President of Vertex Environmental Inc., is an Environmental Engineer, and has over 20 years of experience designing and implementing remediation programs for a wide variety of contaminants including chlorinated solvents, petroleum hydrocarbons and emerging contaminants such as PFAS/PFOA. Mr. Tunnicliffe holds a Master’s degree from the University of Waterloo where he studied chemical oxidation in fractured bedrock.
Michelle Heffernan, B.Sc., P.Ag, is a Partner, Senior Environmental Scientist, and Special Projects Manager with Trace Associates Inc. and has over 17 years of experience in conducting environmental site assessments, remediation, reclamation, post-construction monitoring, and groundwater monitoring related to oil and gas, industrial, and land development activities. At Trace, Michelle specializes in management of large scale, complex assessment and remediation projects, pipeline post construction reclamation monitoring, is a staff supervisor, and is involved in the strategic planning of the firm (including chairing the Respect in The Workplace Committee and supporting the Diversity, Equity, and Inclusion Team).
Register now: https://esaa.org/summit/register/
Alberta: Interim Pilots on Site Reductions and Reclaiming Peatlands – Updates
Alberta Environment and Protected areas has released updates to the two reclamation pilot projects.
Interim Directive: Pilot for Reclaiming Peatlands – Decision Framework and Support Tools for Reclaiming Well Sites and Access Roads on Public Lands
Alberta Environment and Protected Areas has updated the Interim Directive: Pilot for Reclaiming Peatlands – Decision Framework and Support Tools for Reclaiming Well Sites and Access Roads on Public Lands to include the term qualified professional requirement as outlined in one of:
- Alberta Institute of Agrologists et al. 2012. Professional Responsibilities in Completion and Assurance of Reclamation and Remediation Work in Alberta – Joint Practice Standard. V1.1. July 2012
- Alberta Environment and Parks. 2017. Professional Practice Standard: Professional Responsibilities in Completion and Assurance of Wetland Science, Design and Engineering in Alberta. May 1, 2017
Questions regarding the content of this pilot may be directed to: [email protected].
Alberta: Interim Directive: Pilot for Site Reductions on Well Sites
Alberta Environment and Protected Areas has updated the Interim Directive: Pilot for Site Reductions on Well Sites. The application date for the pilot was updated from February 28, 2024 to March 20, 2024. The new expiry date for the program was updated to September 18, 2025.
The Factsheet: Pilot for Site Reductions on Well Sites – Information for landowners about the pilot project was also updated to reflect these date changes. The factsheet was also updated to add the Farmers Advocate Office contact information and to improve clarity that landowners are not obligated to participate in the pilot.
Questions regarding the content of this pilot may be directed to: [email protected]
Alberta: Interim Pilots on Site Reductions for Well Sites – Landowner Consent Form
Alberta Environment and Protected Areas has released the Landowner Consent Form as part of the Interim Directive: Pilot for Site Reductions on Well Sites.
Quick Facts on the Consent Form:
- Landowners do not need to participate if they do not wish to.
- Landowners must be notified in writing of the pilot, which includes providing the fact sheet and the interim directive to landowners.
- The Farmer’s Advocate Office is available to be contacted directly with questions or concerns on participating in the pilot.
- Companies may request a review of compensation under the Surface Rights Act to reduce surface lease payments to landowners.
- The pilot program does not change the legal authority of surface lease agreements between landowners and operators under the Surface Rights Act.
- Landowners are not obligated to participate in this pilot to continue receiving compensation for their surface lease.
More information can be found on our website: https://www.alberta.ca/reclamation-pilot-programs
Questions regarding the content of this pilot may be directed to: [email protected]
AER: New and Enhanced Functionality Moving to OneStop
On March 21, 2024, we will release new functionality and enhancements to the OneStop platform. We will schedule a system outage to implement these latest changes and post the notice on our website at aer.ca under Systems and Tools and the OneStop Help page.
Water Act
In Water Act approvals for borrow pit activities, applicants will have the option to identify whether the wetland policy applies to their associated in situ or mining projects.
Public Lands Act
- Enhancements to plan replacement will allow disposition holders to disconnect (disassociate) public land dispositions.
- Enhancements to cancellations will enable OneStop to automatically generate cancellations for the following public land dispositions:
- Dispositions not entered within the five-year stage gate period as per approval conditions
- Dispositions being cancelled through the reclamation certificate process
Pilot for Site Reductions on Well Sites
An enhancement to the reclamation certificate application will allow the Alberta Energy Regulator (AER) to issue a reclamation certificate on sites meeting the eligibility criteria set out by the Government of Alberta’s pilot program for lease reductions.
More information on the Site Reduction Reclamation Certificate Pilot Program will be made available on our website at aer.ca under Bulletins later this month.
Conditional Adjustment of Reclamation Liability
On April 11, 2024, we will release a new Conditional Adjustment of Reclamation Liability submission type to allow for conditional adjustments to the reclamation liability estimate used in the AER’s liability management programs.
More information on the Conditional Adjustment of Reclamation Liability Program will be made available on our website at aer.ca under Bulletins in early April.
Pilot for Reclaiming Peatlands
On February 7, 2024, the Reclamation Certificate Variance submission was enhanced to support the Government of Alberta’s interim directive for reclaiming peatlands.
More information on the Peatlands Pilot Program will be made available on our website at aer.ca under Bulletins later this month.
Other Enhancements and Fixes
For details on other enhancements and fixes see What’s New in OneStop, which will be posted on the OneStop Help page on March 21.
Training and Support Materials
We will post new and updated quick reference guides (QRGs) on the OneStop Help page to support the following:
- Public land plan replacements
- Water Act approvals for borrow pit activities
- Water Act wetland approvals
- Reclamation certificate variances
- Conditional adjustment of reclamation liability submissions
If you have questions about OneStop or this bulletin, contact the AER’s Customer Contact Centre by phone at 403-297-8311 (1-855-297-8311 toll free) or by email at [email protected].
Whitecap Resources pleads guilty to charge laid by the AER
CALGARY, ALBERTA, FEBRUARY 29, 2024 – Whitecap Resources Inc., has pled guilty in provincial court to a charge laid against it by the Alberta Energy Regulator (AER) on June 15, 2023.
The charge is related to a release of hydrogen sulphide (“H2S”) from a gas well operated by Whitecap located near Didsbury, Alberta on June 20, 2021, contrary to section 109(2) of the Environmental Protection and Enhancement Act. Visit the AER Compliance Dashboard to see the Agreed Statement of Facts.
The Court has ordered Whitecap to pay a $80,000 penalty, of which, $78,000 will go towards a creative sentencing project, and the remaining $2,000 will go to the Alberta Court of Justice as a fine.
The creative sentencing project(s), which the AER oversees on behalf of the Alberta Court of Justice, will occur within the areas of Mountain View County, or the immediately adjacent counties of Kneehill, Red Deer, Clearwater, Rocky View, Wheatland, City of Calgary or M.D. of Bighorn No. 8.
Projects for consideration must demonstrate benefits to air quality, promote pollution prevention and continuous improvement, and/or have demonstratable benefits to first responders, hospitals, local authorities, or educational establishments. The AER will publish one or more requests for proposals using established Government of Alberta practices and oversee the creative sentencing project on behalf of the Alberta Court of Justice.
For more information on AER’s investigation enforcement processes please see the Investigations page.
The Alberta Energy Regulator panel releases decision on AlphaBow appeals
CALGARY, AB, February 28, 2024 – The Alberta Energy Regulator (AER) hearing panel released today a decision on AlphaBow Energy’s regulatory appeals. The hearing panel confirmed that both the March 30, 2023 (Reasonable Care and Measures – RCAM) and June 5, 2023 (Suspension) orders stand.
The panel found that the AER did not breach procedural fairness in issuing orders to AlphaBow and that the AER did not exercise its discretion to issue the Orders in a manner that was unreasonable.
Regarding the June (Suspension) Order, AlphaBow did not convince the panel that the AER failed to satisfy the requisite elements of section 27 of the Oil and Gas Conservation Act in issuing the June (Suspension) Order (including the necessity of the June Order to protect the public or the environment).
The RCAM order was issued to AlphaBow as the company had repeatedly failed to comply with regulatory requirements and address compliance issues in a timely manner. The Suspension order was subsequently issued after the company failed to comply with the RCAM order. In June 2023, the AER granted AlphaBow’s requests for regulatory appeal of the reasonable care and measures order and suspension order.
The AER held the public oral hearing between November 27, 2023, and December 1, 2023.
Part of the hearing was conducted in private to prevent the disclosure of sensitive financial information protected under AER legislation (Oil and Gas Conservation Rules and Alberta Energy Regulator Rules of Practice). As such, the public version of the hearing decision contains redactions so as not to reveal the confidential information, the confidential positions of the parties, and the hearing panel’s related findings.
A separate confidential decision, without redactions, will be issued to the parties who signed confidential undertakings in the proceeding
Revisiting the return of $130 million in unspent federal funding for O&G well cleanup
Back in April 2020, the Canadian Federal government announced $1.7B to clean up orphaned and abandoned wells in Alberta, Saskatchewan, and British Columbia that had the potential to create thousands of jobs.
By July 2020, the Government of Alberta had announced they were developing the Liability Management Framework (LMF) to improve and expedite reclamation efforts for orphaned and inactive wells and infrastructure, in part as a response to the funding. The intent was “to enable industry to better-manage the clean-up of oil and gas wells, pipelines and facilities at every step of development, from exploration and licensing, through operations, mergers and acquisitions, abandonment, reclamation, and post-closure.” according to the Alberta government website. In addition, there was the intent to create employment during the COVID-19 pandemic downturn.
The LMF was designed to “uphold the polluter-pay principle, ensuring that industry is responsible for clean up costs, in a way that is fair and manageable.” The framework was introduced just as Alberta allocated $1 billion in COVID-19 emergency funding to closure activities through the Alberta Site Rehabilitation Program to support employment in oil field services companies in concert with additional funding to the Orphan Well Association. (The two main programs leading the LMF were the Alberta Site Rehabilitation Program (ASRP) and the AER’s Closure Nomination Program.)
Jay Williams, President of the Well Integrity and Abandonment Society (WIAS) provides some valuable context to the state of the industry for service workers back in 2020.
“I think the ASRP was very successful, especially considering what was happening at the time. It was at the beginning of the COVID-19 pandemic and many companies were negatively affected. COVID brought a lot of industries to a halt and the price of oil went negative.”
COVID-19 pandemic shut downs triggered a demand shock in the oil industry, leading to a collapse in oil prices on April 20, 2020. According to Forbes, the May 2020 contract futures price for West Texas Intermediate (WTI) went from $18 USD a barrel to around -$37USD a barrel. Jay Williams credits the ASRP with keeping many service companies working in the field. The end result was that after 2 years of concerted federal and provincial funding, Alberta was able to report a significant decrease in inactive well count for 2022.
According to Jay Williams “The collapse of the price of oil, even if only for a month could have resulted in insolvencies. It wouldn’t have been good for the industry as well as liability clean up. I was working for the service sector during that time and was part of the ENSERVA ASRP committee that was advising government and regulators on the program’s implementation. The ASRP worked and put many people back to work, especially smaller operators. On the service side, we were able to get people working in the field. That was huge.”
By January 2024 the first Alberta Energy Regulator’s (AER) Liability Management Performance Report was released for 2022 showing that as spending increased, the inactive well count in Alberta has decreased significantly. The AER cites the industry’s performance highlights as:
✔ In 2022, $696 million was invested in cleanup efforts, surpassing the required $422 million spend by 65%
✔ Over $1.2 billion was dedicated to closure and cleanup activities
✔ 90% of licensees met their closure quota and played their part in responsible management
✔ The inactive well count decreased by 9% in 2022, going from 91,000 to 83,000
Federal and provincial funds in the LMF and ASRP also accelerated liability management work for First Nations and Metis communities’ service companies. By June 2020, the Alberta Government confirmed $100 million of funding was allocated for Indigenous groups with $85 million in funding allocated to First Nations and $15 million to Metis communities and by Nov 2020, First Nations had secured the Alberta government’s commitment. First Nations and Metis communities were to be in control of decisions on which on-reserve oil and gas sites were to be cleaned up, affirmed by then Alberta Energy Minister Sonya Savage.
“They’re in the best position to understand what’s on their land and which are the priority wells,” Savage said and advised the money would be dispersed during the phase of the program that applied to First Nations and Métis lands.
“It was really gratifying to see that this provincial government is prepared to work with the First Nation communities here in Alberta,” said Stephen Buffalo, President of the Indian Resource Council- which represents more than 100 First Nations, some with oil and gas on-reserve. “It sure took some time, but we just kept giving them a reason not to say no. To me, it just made a lot of sense.”
In 2020, the IRC was also lobbying all provinces to allocate 10 per cent of the federal money they received to First Nations for well clean-up, which would have meant about $150 million in total.
As for other provinces, Saskatchewan’s Ministry of Energy and Resources paid $125 million in instalments to the Saskatchewan Research Council in 2020-21. The money was part of a total of $400 million the province received. It’s reported that Saskatchewan has handed out more than $305 million of the federal cash to clean up 4,300 wells and 500 Saskatchewan companies worked on inactive oil well cleanup in first year of program. Service company owners report that the Saskatchewan program owed its success to quicker application processing.
In Alberta, the overwhelming response from industry may have caused delays but the results reported by the AER Liability Management Performance Report show a positive net reduction of inactive wells. The province approved 37,589 applications, although 3,445 were not completed, creating a lingering question of unspent monies which amount to $130 million and are due to be returned to the federal government.
About a year ago, in March 2023, then Alberta Energy Minister Peter Guthrie in an email to the CBC advised “A few other ministers and I have written to the federal government to keep the left-over funds here in Alberta. We are still awaiting a response.”
At the same time First Nations were also lobbying to keep the funds and direct them to continue remediation of wells on Alberta First Nation and Metis lands. The ASRP created work, capacity and promising careers for First Nation and Metis members and it would make sense to keep that Indigenous work force actively engaged in the industry- workers who are trained up and are now skilled workers.
“It was very beneficial and very positive. So, we’re doing what we can to keep that program going,” Stephen Buffalo said in 2023. “Our community land mass is not getting any bigger, but their populations are. So we have to start looking at protecting the land, cleaning the land, so we can use it for the needs of our communities.”
It is encouraging that last week’s Alberta Budget 2024 includes Indigenous business incentives, such as almost $30 million over three years for the Aboriginal Business Investment Fund (ABIV) (an increase of nearly $8 million), to help fund business startup and expansion costs in Indigenous communities, which can empower even greater success for First Nation reclamation work. In addition, in the coming months, the province will launch two new pilots aimed at helping improve the current reclamation certificate process while maintaining the highest environmental standards. These pilots will test ways to certify portions of reclaimed sites and help reclaim peatlands.
1. The Well Site Reduction Pilot will enable the AER to certify portions of a well site that meet government reclamation standards rather than waiting until the entire site is reclaimed. The optional pilot will be limited to up to 100 applications.
2. The Reclaiming Peatland Pilot will provide a new support tool for well site operators to use when preparing a request to change from peatlands to forest lands. This framework will improve site-specific considerations and logistics related to well or access roads in peatland
It is encouraging to see the recent increases in funds focused on reclamation and Indigenous business in Alberta.
Still the question looms- maybe it would be a good thing to retain the unspent $130 million from the 2020 program for continued clean-up of orphaned and abandoned wells in Alberta, as First Nations and the previous Alberta Energy minister requested last year?
Maureen McCall is an energy professional who writes about issues affecting the energy industry
First Nation sues Alberta Energy Regulator over tailings leaks from oilsands mine
In a news release issued Tuesday, the Athabasca Chipewyan First Nation (ACFN) said the lawsuit, filed in the Alberta Court of Kings Bench, is based on two major leaks from the oilsands mine’s tailings ponds, which took place between May 2022 and February 2023.
The ACFN claims the regulator failed to inform the First Nation about the leaks. The lawsuit alleges “negligence, nuisance, breach of the duty to consult, breach of the Honour of the Crown, breach of fiduciary duty and unjustified Treaty infringement,” the news release states.
Documents filed by Imperial Oil Ltd. show the company and energy regulator knew the Kearl oilsands mine was seeping tailings into groundwater years before a pool of contaminated fluid was reported on the surface.
“The AER is supposed to regulate the energy sector in Alberta to ensure safety and environmental responsibility. They have spectacularly failed on this front,” ACFN Chief Allan Adam said in the news release.
He added that the First Nation has a Constitutional right to be “consulted and accommodated.”
Imperial Oil reported to the Alberta Energy Regulator in May 2022 that it had found some brown sludge outside the boundaries of the company’s Kearl site, located about 70 kilometres north of Fort McMurray.
The spill of over 5.3 million litres of toxic chemicals and the failures of four tailings ponds was revealed in early 2023, when the regulator issued environmental protection orders against Imperial.
Chiefs from First Nations in the area were furious that members had harvested in the area for nine months without being told about possible contamination.
According to the statement of claim, there were three major leaks from May 2022 to November 2023. The lawsuit alleges the AER took no steps over the nine-month period to notify the First Nation about the leaks.
It alleges the leak could have impacted resources, including groundwater, and left members of the First Nation fearful of contamination.
None of the allegations have been proven in court.
Adam served the lawsuit notice to regulator CEO Laurie Pushor during a Tuesday night meeting between ACFN members and representatives of the AER held at a community hall in Fort Chipewyan. The meeting including a video conference link for media.
“We’ve had enough,” Adam told Pushor during the meeting. “No more of these dirty dealings are going to … continue on our traditional territories.”
Those in attendance burst into cheers and applause as Pushor received the papers.
After receiving the notice of lawsuit, Pushor said the agency would “do what is right and appropriate in response to this and work our way through it.”
A Wednesday statement from AER added: “We appreciate the opportunity to visit Fort Chipewyan and to meet and speak with the community. AER employees were provided with a document and the AER will be seeking legal advice.”
During the meeting, some members called for the Kearl mine to be shut down; others said the regulator had lost trust of the First Nation by failing to inform them about the tailings leaks.
Kendrick Cardinal, president of the Fort Chipewyan Métis Nation, told CBC News after the meeting that the relationship between the AER and the community “is no good.”
He said Tuesday’s meeting was an important part of bridging the gap between the energy regulator, industry and First Nations in the area.
“This is a step forward, in my opinion,” he said.
Cardinal said the AER committed to quarterly, in-person meetings with the First Nation and to consider community concerns.
“I hope that Alberta Energy Regulator really sticks to their comments tonight and holds the industry accountable,” he said.
According to the statement of claim, the First Nation is seeking a declaration that the AER’s regulatory framework around the regulation of tailings facilities is unconstitutional and infringes on ACFN rights.
The First Nation is also seeking a declaration that the Crown failed to honour its obligations under Treaty 8 and has asked to be paid all or part of the royalties generated by the Kearl Project during the time of the leaks.
The ACFN also wants an order for the AER to remediate damages caused by the leaks and take “all reasonable and necessary steps” to prevent further instances.
Canada: Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) draft Regulations
Backgrounder
The Government of Canada published draft regulations to further reduce volatile organic compounds (VOCs) from a variety of oil and gas facilities for consultation on February 23, 2024.
VOCs are a harmful form of airborne pollution that lead to the formation of ground-level ozone and particulate matter, notably particulate matter less than 2.5 micrometres in diameter (PM2.5) that can travel deep into the human body. Exposure to these pollutants increases the risks for a wide range of health problems, including cardiovascular and respiratory illnesses like asthma attacks, lung cancer, and heart and lung disease, as well as heart failure.
The impacts of VOC emissions on human health are well understood. Scientific research in Canada and around the world has shown these emissions contribute to premature deaths and lead to more frequent and worsening of asthma symptoms. In addition, evidence shows that human exposure to certain VOCs, such as benzene, increases the risk of cancer. Benzene is included in the List of Toxic Substances under the Canadian Environmental Protection Act.
These regulations covering petroleum storage tanks and loading represent a second phase of VOC regulations for the petroleum sector and respond to findings under Canada’s Chemicals Management Plan. VOC Phase 1 regulations were finalized in 2020 to address emissions from process equipment at petroleum refineries, upgraders, and petrochemical facilities integrated with a refinery or upgrader.
Highlights of the draft VOC regulations
The oil and gas sector is Canada’s largest source of VOC emissions. Sources of VOC emissions from petroleum and petrochemical facilities include leaks from process equipment, storage tanks, and loading operations. Total estimated VOC emissions from petroleum and petrochemical facilities covered by the draft VOC Phase 2 regulations are 53,790 tonnes, with approximately 63 percent (33,878 tonnes) from storage and loading of petroleum products.
The draft regulations introduce a nationally consistent approach to lowering VOC emissions from these sources. Current regulatory measures vary across the country, and jurisdictions with VOC measures like these draft regulations have significantly lower emissions than jurisdictions where no requirements are in place. Canada’s approach to reducing VOC emissions is aligned with already existing United States regulations. Canada has a long history of collaboration with the United States Environmental Protection Agency on improving air quality on both sides of the border.
The draft regulations would require that petroleum liquid storage tanks and loading racks be equipped with emissions control equipment. The operators of these facilities would be required to install, inspect, maintain, and repair that equipment. The draft regulations would also include recordkeeping and reporting requirements for operators. Facilities that would be subject to the draft regulations include truck, rail, marine, and pipeline terminals; petroleum refineries; upgraders; petrochemical facilities; and large bulk fuel facilities. Almost 250 facilities are expected to be subject to the draft regulations—these facilities are in every province and in the Northwest Territories. Many are in and around residential neighbourhoods.
The Government of Canada understands the importance of the energy sector to Canada’s economy and that future development of natural resources in cleaner, more sustainable ways will ensure that Canadian petroleum resources continue to contribute to the economy and support good jobs. Cost-effective technology solutions to meet the requirements are readily available, and industry would see cost savings over time through recovered petroleum products from the installation of vapour control equipment required under the regulations.
Covered facilities and implementation
The draft regulations would apply to terminals, refineries, upgraders, petrochemical facilities, and bulk fuel facilities that:
- Store volatile petroleum liquids in tanks that meet or exceed a specified capacity, in general 100 cubic metres, or
- Load and unload volatile petroleum liquids that exceed a specified daily or annual quantity, in general 500,000 standard litres per day, or 25 million standard litres per year.
The draft regulations would establish equipment-based requirements for new equipment and a timeline for adding equipment to existing volatile petroleum liquid storage tanks and loading operations at petroleum and petrochemical facilities.
See the table below for detailed information.
Health and economic benefits
Preventative action on these toxic emissions will save lives, reduce health care costs, and lower the economic burden air pollution is having on the economy.
The draft regulations would generate environmental and health benefits from improved air quality and reduced climate change impacts and lead to recovered fuels, such as crude oil and gasoline, by preventing their evaporation from storage tanks and during loading operations.
Between 2024 and 2045, it is estimated that air quality improvements from the draft regulations would result in 150 fewer premature deaths, mainly associated with reduced exposure to PM2.5 and ground-level ozone. In addition, better air quality is expected to result in 31,000 fewer days of asthma symptoms among youth and 91,000 fewer days of restricted activity among non-asthmatics. The total present value of health benefits resulting from these air quality improvements is estimated at $1.05 billion for the 2024 to 2045 period.
Crude oil contains methane, which can evaporate during storage and loading operations. Reducing VOC releases from the storage and loading would also result in the reduction of methane emissions which contribute to climate change. In total, the draft regulations would reduce methane emissions by 195 kilotonnes of carbon dioxide equivalent emissions (CO2e) between 2024 and 2045, which would result in climate change benefits (reduced climate change damages) of about $24 million.
The production benefits from recovered crude oil and gasoline associated with the regulations are estimated at $343 million worth of recovered products, while the total costs of the regulations to industry are estimated at approximately $1.08 billion between 2024 and 2045.
The draft regulations would provide a net benefit to the Canadian economy of $337 million.
Right to a healthy environment
Petroleum and petrochemical facilities in Canada are commonly located near urban areas, including Indigenous and low-income communities. This increases the local population’s risk of exposure to elevated VOCs, including benzene emitted by these facilities. Studies have shown that Sarnia—home to the largest number of petroleum and petrochemical facilities in the country—has the highest ambient levels of benzene and the highest leukemia incidence in Canada. Similarly, air quality monitoring data in neighbouring Aamjiwnaang First Nation continues to show benzene levels more than 20 times Ontario’s acceptable annual average ambient level.
Last year, the Government of Canada finalized a strengthened Canadian Environmental Protection Act that provides Canadians with better protection, including people most vulnerable to harm from exposure to toxic substances and those living in communities where exposure is high. These regulations are informed by that commitment, and the continuous efforts by Aamjiwnaang First Nation and other communities, to highlight the harms of VOCs and reduce their exposure to this type of pollution.
On February 8, 2024, the Government of Canada launched consultation and engagement activities with Canadians on the development of an implementation framework for a right to a healthy environment within the Canadian Environmental Protection Act, to develop a national strategy to advance environmental justice, and to assess, prevent, and address environmental racism.
Reducing benzene emissions from gasoline stations
The Government of Canada will take further steps to limit harmful benzene emissions from additional sources that affect Canadians. Consultations on risk management options to address benzene emissions from gasoline stations are being launched in the winter of 2024, with the publication of a Notice of Intent. Similar to health concerns related to emissions from the storage and loading of volatile petroleum liquids at terminals and other large facilities (addressed by the draft VOC regulations published today), a 2023 report by Health Canada concluded that Canadians living near gasoline stations may be exposed to elevated health risks due to benzene emissions from underground gasoline storage tanks and other sources at gas stations.
Send in your feedback
Help shape Canada’s Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations. Submit comments on the draft regulations through the new Online Regulatory Consultation System by April 24, 2024. The final regulations are expected to be published in the Canada Gazette, Part II, in the winter of 2024–2025. Feedback on the Notice of Intent on addressing benzene emissions from gas stations can be sent to: [email protected].
Alberta:Renewed path forward for renewable energy
Alberta’s government is setting a clear and responsible path forward for renewable project development to ensure the province’s grid is reliable, affordable and sustainable.
Alberta is a global leader in responsible energy development and leads the country in renewable energy projects and investment. With a competitive tax system, unique deregulated electricity market and the government’s commitment to reducing economic barriers, Alberta remains a destination of choice for all investors.
Alberta municipalities and landowners have been raising concerns about the rapid growth of renewable energy projects. Investors were also seeking clarification on rules for project development. To address these concerns, Alberta’s government introduced a short pause on final approvals for large renewable energy projects so the Alberta Utilities Commission (AUC) could conduct an inquiry and issue a report. This pause on final approvals will lift on Feb. 29.
“Alberta has led the country in renewable energy investment, and we will continue to lead the country. At the same time, we must grow our renewable energy industry in well-defined and responsible ways. The past months have enabled us to do the work that we need to do to ensure that the standards we have in place serve Albertans best while continuing to guarantee the affordability and reliability of our electricity grid.”
With the pause lifting as the Generation Approvals Pause Regulation expires, Minister of Affordability and Utilities Nathan Neudorf has sent a letter to the AUC to provide policy guidance based on the first report (Module A) it submitted to government. Once the minister has reviewed the AUC’s second report, Module B, a new letter will be sent to the commission with additional policy direction.
“Thank you to everyone who provided their input throughout the inquiry. I am confident that this process has provided the clarity needed for the future. We are committed to continue listening to Albertans on this issue as we set a clear and responsible path forward for energy development.”
Alberta’s government remains committed to ensuring Albertans have an electricity grid that is reliable, affordable and sustainable. Renewable energy projects will continue to be an important part of the province’s electricity generation mix and the government remains committed to the security of the electricity grid. The work done by the AUC lays the groundwork for new government policy so investors, municipalities and landowners alike can rely on clear and consistent rules when it comes to responsible land development.
“We would like to thank the Government of Alberta for taking action to address the energy needs of Alberta while protecting property rights, native grasslands ecosystem and the interests of agricultural producers. An ‘agriculture first’ approach supports the rural economy and conserves grasslands, preventing the release of the several million tonnes of stored carbon and allowing wildlife, including species at risk, to thrive. These changes will bring security to landowners and rural communities.”
“We believe this announcement is a very balanced and thoughtful approach to long-term sustainable renewable development in Alberta. We greatly appreciate the province and Minister Neudorf’s willingness to listen to concerns brought forward by our residents and feel the policy changes being announced will help create ‘win-win’ opportunities for our municipality, our residents, and for developers. Wind and solar has become a very large part of Vulcan County, and we look forward to seeing what the future holds.”
“This announcement shows a recognition by the Government of Alberta that a strategic approach to growing the renewables sector will best position the industry for long-term success and provide maximum benefit to all Albertans. While many of the details are still to be determined, RMA is cautiously optimistic that this approach will reduce conflicts between renewable projects, local land use plans and agricultural land preservation, and ensure that project owners are responsible for decommissioning and reclamation costs. RMA also appreciates the changes to the AUC project approval process to ensure municipal involvement, as this will help to allow for local project risks and benefits to be properly considered by the AUC when reviewing new project applications.”
“With the new policy changes, I’m encouraged to see how they have created some common ground and continue to recognize the importance of agriculture in Alberta. They seem to have realized the need for more of a both/and approach to renewable energy development alongside maintaining primary agriculture production, which is the essence of agrivoltaics. This approach can also bode well for regenerating soil health in the province, ensuring we can maintain the production of food calories per acre while producing renewable energy calories on the same land.”
Summary of policy changes from the AUC’s Module A Report
Agricultural lands
The AUC will take an “agriculture first” approach when evaluating the best use of agricultural lands proposed for renewables development.
Alberta will no longer permit renewable generation developments on Class 1 and 2 lands unless the proponent can demonstrate the ability for both crops and/or livestock to coexist with the renewable generation project.
Alberta’s government will establish the tools necessary to ensure Alberta’s native grasslands, irrigable and productive lands continue to be available for agricultural production.
Reclamation security
Developers will be responsible for reclamation costs via bond or security. The reclamation costs will either be provided directly to the Alberta government or may be negotiated with landowners if sufficient evidence is provided to the AUC.
Viewscapes
Buffer zones of a minimum of 35 kilometres will be established around protected areas and other “pristine viewscapes” as designated by the province.
New wind projects will no longer be permitted within those buffer zones.
Other proposed developments located within the buffer zone may be subject to a visual impact assessment before approval.
Crown lands
Meaningful engagement will be required before any policy changes for projects on Crown land and would not come into effect until late 2025.
Any development of renewable development on Crown lands will be on a case-by-case basis.
Transmission Regulation
Changes to Alberta’s Transmission Regulation are expected in the coming months as the engagement process continues. Renewable projects should expect changes in how transmission costs are allocated.
Municipalities
Automatically grant municipalities the right to participate in AUC hearings.
Enable municipalities to be eligible to request cost recovery for participation.
Allow municipalities to review rules related to municipal submission requirements while clarifying consultation requirements.
Modernizing Alberta’s power grid
Alberta’s government is modernizing the province’s electricity system through legislation that will ensure Alberta’s grid is affordable, reliable and sustainable.
The Alberta government has proclaimed the Electricity Statutes (Modernizing Alberta’s Electricity Grid) Amendment Act, effective March 6. The act and its accompanying regulatory amendments will help Alberta’s electricity system adapt to new technologies and the changing ways that consumers interact with the grid. By modernizing our electricity grid, with the input of Albertans and industry stakeholders, Alberta’s government is continuing to work towards a carbon-neutral electricity grid by 2050.
“By proclaiming this legislation, we are taking another step towards ensuring an affordable, reliable and sustainable electricity system that will meet the needs of Albertans while encouraging innovation and investment in the energy sector. This legislation is just one piece of our larger effort to modernize Alberta’s electricity system.”
Through this legislation, Alberta’s government is supporting affordability, encouraging investment and building grid capacity in several ways. This includes allowing Alberta businesses to build more energy storage and more on-site power generation with the option to sell excess power to the grid. Energy storage is a key tool for grid stability and reliability by storing under-utilized power for later use and responding immediately to unexpected shortages like during the January 13 cold snap which resulted in a provincewide grid alert.
“The Electricity Statutes (Modernizing Alberta’s Electricity Grid) Amendment Act introduces critical provisions for unlimited self-supply and export, providing large industrial operations the flexibility and choice essential for optimizing electricity costs and maintaining competitiveness within the province. This legislative change is foundational for ensuring a more resilient, efficient and sustainable electricity market in Alberta.”
The newly proclaimed regulations will also provide greater opportunities for commercial businesses to generate their own power with the option to benefit from selling their excess energy to the grid. Not only does this benefit Albertans by reducing demand on the system and therefore reducing the cost of electricity, but it is yet another reason why Alberta continues to be a destination of choice for investment.
“We are pleased that Bill 22 has been proclaimed and energy storage can now play a much larger role in delivering value to Alberta electricity consumers. Our members will deploy these innovative technologies to reduce power costs, support low-cost renewable integration, optimize wires investments and keep lights on across the province.”
By proclaiming the Electricity Statutes (Modernizing Alberta’s Electricity Grid) Amendment Act, Alberta’s government is following through on its commitment to wind-down the Balancing Pool and stand up for Alberta taxpayers. Further, the proclamation will allow the Minister of Affordability and Utilities to continue proactive transmission and distribution planning. Energy storage complements this proactive planning by providing non-wire solutions, reducing the need to build new infrastructure. This will maximize the use of Alberta’s existing grid infrastructure while minimizing the need for costly upgrades, saving Alberta ratepayers their hard-earned dollars.
“Given that ATCO Electric’s large and remote service territory spans more than two-thirds of the province but serves only 10 per cent of Alberta’s population, it’s crucial to continue our grid modernization efforts with new systems and technologies that can drive long-term affordability and reliability. That’s why we are looking forward to working with the Government of Alberta – ensuring the implementation of Bill 22 and other energy initiatives continue to bring meaningful benefits to residential and industrial customers alike.”
“As Alberta’s largest electric distribution service provider, FortisAlberta supports Albertans in the ongoing energy transition every day. We are pleased to have been engaged in the government-led consultations that informed the province’s new energy policies, and look forward to ensuring our customers continue to receive affordable and reliable service using innovative approaches to optimizing the grid.”
- Alberta currently has 190 MW of energy storage connected to the grid, with 398 MW more with approvals and 140 MW under construction. Energy storage currently connected to the grid often supplies contingency reserve services to support grid stability.
Remediation Technology News and Resource
(The following are selected items from the US EPA’s Tech Direct – http://clu-in.org/techdirect/)
Upcoming Live Internet Seminars
ITRC Sustainable Resilient Remediation (SRR) Training – March 26, 2024, 1:00PM-3:15PM EDT (17:00-19:15 GMT). Extreme weather events and wildfires are increasing and impacting hazardous waste sites. The primary goal of cleanups, which is protecting human health and the environment, is undermined. Confronted with these risks, environmental professionals should assess, and design remedies that are sustainable and resilient. Sustainable resilient remediation (SRR) is an optimized solution to cleaning up and reusing a hazardous waste site that limits negative environmental impacts, maximizes social and economic benefits, and creates resilience against increasing threats. The objective of the ITRC Sustainable Resilient Remediation (SRR-1) is to provide resources and tools for regulators, stakeholders, consultants, and responsible parties to help integrate sustainable and resilient practices into remediation projects. For more information and to register, see https://www.itrcweb.org
New Documents and Web Resources
Technology Innovation News Survey Corner. The Technology Innovation News Survey contains market/commercialization information; reports on demonstrations, feasibility studies and research; and other news relevant to the hazardous waste community interested in technology development. Recent issues, complete archives, and subscription information is available at https://www.clu-in.org/products/tins/. The following resources were included in recent issues:
- Multi-Laboratory Validation Study for Analysis of PFAS by EPA Draft Method 1633
- Technology Guidance For Sentinel™ Passive PFAS Samplers Osorb® Media Use in PFAS Passive Samplers
- Market Research Study: PFAS in Wastewater
New ESAA Member
ESAA welcomes the following new member. If you are not a member of ESAA you can join now via: https://esaa.org/join-esaa/
TerraPro Inc.
53345 Range Road 232
Sherwood Park, AB T8A 4V2
Phone: (780) 293-2157
Otis Closson, Manager
[email protected]
Welcome to TerraPro We’re a group of innovators, leaders, and problem-solvers working to create win-wins for our colleagues, clients, partners, and communities. TerraPro specializes in Access Matting, Civil Construction, and Environmental Services In 2006, TerraPro was born as a small family business with big ideas. More than a decade later, we’ve turned many of those big ideas into reality, while maintaining our family-business feel. TerraPro employs over 100 people, maintains relationships with dozens of partners, and serves hundreds of clients. We believe in helping people access meaningful and fulfilled lives and we work together to deliver quality solutions.
Witten LLP
2500-10303 Jasper Avenue NW
Edmonton, AB T5J 3N6
Phone: (780) 702-8581
Annemarie Clarke, Partner
[email protected]
Witten LLP is an Edmonton-based full-service law firm with deep roots in Alberta and its legal landscape. Our Environmental Law group is dedicated to providing comprehensive services to a diverse clientele, including lenders, landowners, businesses, individuals and government entities, all of whom are impacted by environmental law and regulation. Our extensive experience allows us to offer a thorough understanding of environmental issues, from dealing with contaminated land and the environmental aspects of business transactions, such as the purchase, sale, and financing of lands and businesses, to obtaining environmental approvals and conducting environmental audits. We represent our clients in proceedings before courts and environmental boards, hearings and inquiries, and we handle environmental litigation and the defence of environmental prosecutions. Furthermore, we assist in the preparation of corporate environmental policies to safeguard the company and its directors and officers. Our commitment to our clients is to provide value by navigating the complexities of environmental law with expertise and diligence.
Associate Member:
Earth & Environmental Science Students’ Affiliation
Victoria Rosales
[email protected]
https://eessamru.wixsite.com/eessamru
EESSA MRU is a student-run, non-profit organization that supports its community by promoting leadership, encouraging professional development and offering educational opportunities. EESSA MRU is a space where students interested in the Earth & Environmental Industry can collaborate as they grow to be the next generation of professionals.
Student Member:
Claudia Turuk
University of Alberta
[email protected]
Upcoming Events
ESAA Environmental Summit
April 15-17, 2024
Kananaskis Mountain Lodge
Agenda Now Available
The Draft Agenda is now available for the 2nd annual ESAA Summit – April 15 – 17th at the Kananaskis Mountain Lodge.
Agenda features 7 panel discussions:
- Toward Sustainable Development: Dual (and Competing) Imperatives for Industry and Municipalities
- Net Zero – What Does This Mean and What Can We Do?
- Sustainability in Action: Navigating Complexities of the Three Pillars of Sustainability
- Wildfires – Disaster Management Risk Management and Climate Resiliency
- The Future of Water
- A Breathe of Fresh Air .. Maybe? Balancing Noise, Odour, Particulate and Contaminant Air Emissions
- Navigating the Environmental Business Landscape: A Comprehensive Approach to Risk Management, Insurance and Liability Mitigation
Justin Riemer, Emissions Reduction Alberta
Technology & Artificial Intelligence in the Wild
Brian Keating, Going Wild
Full details at: Agenda – ESAA
Hotel Accommodations: The 2024 edition will take place at the Kananaskis Mountain Lodge. Discover an extraordinary experience at Kananaskis Mountain Lodge, Autograph Collection, where you’re surrounded by mountainous beauty and modern luxury. Nestled against the enchanting Canadian Rockies, our upscale hotel is perfect for unique summer and winter activities. Room rates at the Kananaskis Mountain Lodge start at $245 + taxes. Book your room at: Kananaskis Mountain Lodge – ESAA
Registration: Register now at: Register – ESAA
Sponsorship: A very limited number of sponsorship opportunities remain – details at: Sponsors – ESAA
ESAA & SMART Remediation Webinar
March 14th, 2024
11:00 am to 1:45 pm (Alberta Time)
ESAA is pleased to partner with SMART Remediation to offer the following webinar on March 14th, 2024. The webinar will take place between 11:00 am and 1:45 pm and feature 5 speakers and will be held over Zoom.
Smart Methods in Advanced Remediation Technologies (SMART) is a series of technical learning seminars for environmental professionals. Our goal is to bring the North American environmental community together to enhance our collective understanding of cutting edge characterization and remediation technologies.
Full details at: https://esaa.org/events/webinars/
Speakers
PFAS Risk Management at Airports
Harris Switzman, General Manager of Environment and Sustainability, Calgary Airport Authority.
Hazardous is the New Clean – Contaminate Management Supported Redevelopment
Money Talk: FCSAP Phase V Demand
Scott Thompson, Public Services and Procurement Canada
6PPD and 6PPD-Q, Environmental Fate and Transport and Current Regulatory Environment
Paul Cheung, Terrapex Environmental Ltd.
Ivana Vukovic, Product Manager, Specialty Laboratories, SGS North America
Soil Management Technology at the Toronto Portlands
Pete Craig, National Director of Project Innovation, QM
Registration and Sponsorship
- Members: $29 + GST
- Non-Members: $39 + GST
- Sponsorship: $500 + GST – 2 Available
Register or Sponsor Now
BEST 2024
BC’S PREMIER ENVIRONMENT INDUSTRY CONFERENCE!
MAY 8 – 10 | FAIRMONT CHATEAU WHISTLER | WHISTLER, BC
BEST 2024 Registration Now Open!
Earlybird Deadline: March 2nd
Register now and save up to $100
Join us for the 11th annual Bettering Environmental Stewardship & Technology (BEST) Conference! The BCEIA’s BEST Conference attracts environmental professionals every May for two and a half days of technical sessions, networking opportunities, and a sponsor tradeshow.
Mark your calendars now so you don’t miss out on the “BEST” opportunity to network and learn about the current environment industry in BC!
Early Bird Registration Fees
BCEIA MEMBERS $675
NON-MEMBERS $825
Prices are excusive of GST
Full details at: https://bceia.com/events-calendar/#id=106&cid=1941&wid=1601
MAY ESAA Mixers
ESAA is coming to Southern Alberta!
Do you have staff or clients in the Medicine Hat/Lethbridge/Calgary area? Share the following event information with them.
Join us for 1 or all 3 Mixers as always we will have Drinks, Food and Fun!
ESAA will be donating 50% of all registration fees to;
Medicine Hat:
- The Medicine Hat and District Food bank is the next step in the evolution of a strong and sustainable city. Their mission is to build community by improving the lives of all community members through the power of local food.
Lethbridge:
- The Friends of the Helen Schuler Nature Centre Society support a community of environmentally responsible citizens with nature-based educational experiences, presentations, and workshops. Our desire is to further position the Helen Schuler Nature Centre as a world-class facility that connects visitors and residents to the many benefits of the great outdoors. We want to facilitate interactive experiences and memorable moments.
Calgary:
- The Alberta Animal Rescue Crew Society (AARCS) is a grassroots animal welfare organization with a foundation of compassion and kindness, embodied by its hard-working staff, volunteers, foster homes and supporters. Their goal is to help homeless animals in communities across Alberta and provide community support programs to address the root causes of animal overpopulation and homelessness. Every day AARCS receives calls about animals in need of help — from broken bones, gunshot wounds, embedded porcupine quills, and mange to deadly diseases such as parvovirus. AARCS strives to ensure that these animals receive the medical care they need, along with the chance to recover in a loving foster home.
To Sponsor or to RSVP, visit: ESAA Mixers
ESAA Job Board
Check out the new improved ESAA Job Board. Members can post ads for free.
Current Listings:
- Intermediate Environmental Scientist, Arletta Environmental Consulting Corp
- Environmental Co-op Student – Trace Associates Inc.
- Environmental Student – Trace Associates Inc.
- Junior Geoscientist – Trace Associates Inc.
- Junior Environmental Scientist – Trace Associates Inc.
- Technical Operations (Environmental) – Edmonton, Alberta – Nichols Environmental
- Technical Operations (Environmental) – Calgary, Alberta – Nichols Environmental
- Human Resources Generalist – Edmonton, Alberta – Nichols Environmental
- Junior Environmental Consultant – North Shore Environmental Consultants Inc.
- Intermediate Environmental Consultant – North Shore Environmental Consultants Inc.
- Senior Environmental Planner –Stantec
- Junior Environmental Consultant – North Shore Environmental Consultants Inc.
- Site Investigation & Remediation (SIR) Team Lead –Stantec Consulting Services Inc.
- Jr. To Intermediate Environmental Project Manager/Hydrogeologist – TerraLogix Solutions Inc.
- Environmental Coordinator – Orphan Well Association
- Intermediate to Senior Environmental Consultant – Contaminated Sites – EBM Geoscience Inc.
- Environmental Risk Assessor – EBM Geoscience Inc.