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Alberta lifts lid on tailings pond rules

New regulations unveiled yesterday by the Alberta government give specific performance measures and dates for reclamation of tailings ponds associated with oil sands development.

The Alberta Energy Resources Conservation Board (ERCB) said new reclamation rules have enough "teeth" to ensure mining companies will comply with timely cleanup.

The directive requires all oil sands mining companies to come up with tailings plans integrated with annual mine plans by 30 September, according to a Calgary Herald report.

It also requires the gradual reduction of fine particles going into liquid tailings by 20% by 2011, 30% by 2012, and 50% by 2013,and calls for quarterly and annual compliance reports.

"Albertans will have certainty on how tailings ponds are going to be built, how they are going to be used and when and how they are going to be closed," ERCB spokesman Davis Sheremata said.

"The most important thing is these targets will be enforceable. So, by 2011, if companies are not meeting our requirements, we can take enforcement action against them. That means everything from increasing their inspections right through to shutting facilities to refusing to approve any upgrades or improvements,” he said.

The earlier draft plan had specified that companies should use composite tailings technology to reduce fine tailings, but the final version is performance-based, allowing the companies to choose the technology they prefer.

Companies also must specify dedicated disposal areas for their ponds, have them approved by the ERCB and submit annual compliance reports for them.

Tailings ponds were thrust into the national spotlight last spring when 500 ducks died after landing in a large Syncrude settling pond.

Industry officials claimed the new regulations may be unrealistic.

Jake Irving, head the Oil Sands Developers Group said meeting timelines in the directive will be difficult for oil sands miners both from financial and physical feasibility points of view.

"Our member companies are confident they were heard in the process, but feel it displays the degree to which we're regulated," he said.

Environmental groups say the regulations don’t go far enough and may never be enforced.

"We certainly support the goal to eliminate long-term storage of fluid tailings but ... given the poor track record of the ERCB and government of Alberta in terms of enforcing and monitoring this stuff, we need to see transparency regarding annual reporting performance and enforcement to see if this actually delivers," Simon Dyer, oil sands program director at the Pembina Institute said.

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