Northern Alberta Regional council protests deadly PCB emissions

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Lawyers for the Lesser Slave Lake Regional Council filed a statement of concern with the Alberta government over increasing pollution from the controversial Alberta Special Waste Treatment Centre in Swan Hills. The council, which represents eight First Nations in north-central Alberta, cited a fugitive emission rate for PCBs 25 times higher than that promised by the plant's operators in an environmental review in 1991.

Members of some of the bands hunt, fish and trap in the Swan Hills, and the council is concerned about the contamination of fish and wildlife there. There were statements filed with the Department of Environmental Protection regulatory approval centre by other groups, as well, including the opposition Liberals and an environmentalist group called Edmonton Friends of the North.

In 1991, when conducting a review of the since-completed expansion of the money-losing plant, the Natural Resources Conservation Board was assured that the fugitive emissions ? that includes leakage of various kinds but doesn't count regular, expected emissions ? running at about 15 kg annually, would be reduced to 1.3 kg by 1994.

In 1994, the board was assured that the problems had been solved by the company operating the plant, Chem-Security (Alberta) Ltd. Now, however, in its application for renewal of approval to operate the plant, Chem-Security itself projects an annual fugitive emission total of 33.45 kg. The total for 1995 is expected to be around that amount, more than twice what was deemed unacceptable four years before.

"We reserve our harshest criticism for the plant going from 15 kg to 33.46 kg, while promising to get down to 1. 5 kg.," said Bruce Collingwood, Alberta Liberal environmental protection critic and member of the legislature for Sherwood Park. "The operator of the plant obviously has an obligation to operate cleanly and efficiently."

"(The leakage) might impact the trap lines and the local environment," said Richard Secord, legal counsel for the Lesser Slave Lake council. "But the whole water-shed slopes down towards Lesser Slave Lake, so anything released in the Swan Hills is the concern to the bands."

"This plant is not only a financial disaster, but is also contaminating the environment." Concluded Collingwood. The plant has been a money-losing proposition since construction in the 1980s, and the technology employed there is in danger of becoming outmoded with recent technological advances in the waste-treatment field. The government has been trying to divest itself of its financial interest in the plant to Bovar Inc. of Calgary. Phase One of their deal must be negotiated by Sept. 30.

Under the current agreement transferring ownership to Bovar, the province will be left with all liability for cleanup after the plant is shut down.

That cost, when added to the province's losses on the plant to date, will total some $440 million, according to the Liberal's Collingwood.

The First Nations in the Swan Hills area aren't concerned about the cost, however, they're concerned about the damage, to the environment. PCB's, or polychlorinated biphenyls, do not break down, and can remain in an ecosystem for a long time.

The substance can be leaked or leached into the surroundings, and enters the food chain near the bottom. Because it doesn't break down, it will stay in the system and undergo a process known as bio-magnification, in which its effects get worse the longer it stays in the system. The PCBs will work their way into the higher life forms, generally carnivores such as bears, wolves and birds of prey, and humans, especially those who live off the land.

As well, improper processing can result in the release of more immediately deadly substances such as dioxins and furans, which can be created when PCBs are burned at a lower temperature. The waste treatment plant is designed to burn the toxic substances at such a high temperature that they are, basically, broken down into relatively safe component.

In the statement of concern, the council details its concern over fugitive emissions, stating that they "clearly remain a problem at the Alberta Special Waste treatment centre." The council suggests that the estimate of about 34 kg per year is itself a projection of Chem-Security, "and cannot be relied upon." The statement goes on to say: "The PCBs have already created contamination in the soils, vegetation, wildlife and fish."

Chem-Security proposes in their application to decrease its monitoring of PCB emissions. According to the council, "this proposal is totally unacceptable."

Their final concern is that Chem-Security stick to the conditions of the 1993 approval, specifically that they consult with the council. The company has merely kept the council informed.

"Technically, the Natural Resources Conservation Board has no decision-making ability," Collingwood explained. "They advise the minister, and through him, cabinet."

The decision on the application is made by the director of chemicals assessment and management in the Department of Environmental Protection, Jerry Lack. He will be governed, to some extent, by direction from the minister, Ty Lund.

Secord is concerned that the decision will be made based solely on the written statements of concern, with no hearings.

"I was disappointed that there was no process, that decisions would be made away from public scrutiny," he said. "The director will issue the approval, probably in December, and then we will receive notification."

Because they filed statements of concern, the council and others will then have the option of appealing the decision to the Environmental Appeal Board.

"About the best we can hope for, I think, is that the permit be short-term, with limited volume, limited window, and binding test results," Collingwood said. But the First Nations are not part of the process, and that's where they would prefer to be. The opposition spokesman agrees.

"They should be part of a community advisory anel in consultation with the government," Collingwood said. "That would be the optimal solution for the Native people in the area."