Utoo Radio and Other News Sources - March 14, 2024 - Two Alberta First Nations have asked the federal government to consider classifying a portion of oilsands tailings pond water that harms fish and other wildlife as hazardous.
The action might trigger a long-awaited human health assessment into development implications, regulate the business, and alter treated wastewater release.
"There are big gaps in science on the human health side," said Lawyer Bronwyn Roe of the Athabasca Chipewyan First Nation, which uses grounds near oilsands development. "If the ministers do this assessment, they could create new regulations."
Mikisew Cree endorse that First Nation's request.
"Under federal legislation... fish have more rights than humans," it wrote to Environment Minister Steven Guilbeault on March 11. "The government of Canada cannot wait for more research to make this assessment."
The two nations worry about naphthenic acids in tailings and oilsands effluent. Complex hydrocarbons are hazardous to fish, disrupt hormone function in humans and other mammals, and may be carcinogenic, according to peer-reviewed research.
Chemical discharges from oilsands operations must be reported. Their presence in surface or groundwater is limited by guidelines, not rules.
The Environment and Climate Change Canada and Health Canada research from January found naphthenic acids aren't hazardous. However, that report only included commercial versions, not tailings.
"(Oilsands) naphthenic acids differ in source, composition, properties and use compared to commercial naphthenic acids," the study notes.
The First Nations are asking Guilbeault to revisit that January conclusion due to current Canadian Environmental Protection Act modifications. The Athabasca Chipewyan and Mikisew have long wanted to study the health consequences of oilsands naphthenic acids alone and in combination with other contaminants.
"A huge piece is that human health study," he stated. The request has been made for years.
"They want better studies of the human health impacts of oilsands operations, including releases from tailings ponds."
Roe claimed a naphthenic acid toxin ruling would influence substance restrictions.
"Once the impact on human health is better understood, I think the government will be compelled to take action to mitigate the human health effects and the environmental effects."
This might disrupt efforts to transfer cleaned tailings pond water into the Athabasca River, Roe said. Industry and the federal government are establishing standards to treat and release pond water into the river.
These rules are expected in 2025. Classifying naphthenic acids as hazardous could hinder those efforts, Roe said.
"It would have an effect on tailings pond management," stated.
Naphthenic acid research is underway, according to Pathways Alliance president Kendall Dilling.
"We respect the leaders' desire to seek information for the health of their community," he stated via email. "We will continue to co-operate with government should additional research be advanced in response to this request."
An Environment and Climate Change Canada official said Guilbeault and Health Minister Mark Holland are examining the proposal. Naphathenic acid research continues at the department.
Oilsands tailings ponds hold 1.4 trillion litres, or 1.4 cubic kilometres, of water. Some evidence implies water has infiltrated the environment.
The North American free trade deal's environmental watchdog found "scientifically valid" evidence that tailings escaped ponds but not oilsands leases in 2017. Recently released industrial groundwater reports support this conclusion.
That seepage may be unleased.
A popular proxy for oilsands residue at a Muskeg River sample station rose 18 times in a year, according to Alberta's Oilsands Monitoring Program.
Guilbeault and Holland must answer to First Nations requests by June 7.
