Issues Flashcards
Approaches to regulation
Technology-based
Force industry to use specific technologies to reduce emissions
Effluent quality-based
Set chemical targets that must be met
Receiving water quality-based
Set biologically-based receiving water targets
Why is Canada so good at environmental monitoring?(Why do Canadians think they are so good at environmental monitoring?)
Canada was formed in 1867
Fisheries Act is one of the original pieces of legislation
“must not damage fish, fish habitat or use of fish”
(crabs, lobsters, oysters included as “fish”)
Until 1988 was our only real piece of environmental legislation
Internationally admired
Industry regulated under
Other significant environmental regs in 1988, 1995 and 2005
Omnibus bill in 2012 made big changes
Federally we do not
have a “Best Available Technology” approach
BAT process for setting limits
Once damage/risk demonstrated
totally immerse in the strict risk assessment process like the US
focus on the “precautionary approach” (although there are precautionary components under habitat protection”
To regulate an existing discharge, we must
A) demonstrate harm
B) demonstrate that reducing a stress will
For future developments there is a very large focus on fish and fish habitat (and use of fish – human health)
Precautionary principle
Where public opinion is instinctively or knowledgeably afraid of risk
Where principles allow for judgment as to what is socially tolerable
Where there is openness and accountability in policy-formulation and decision-making
Openness and accountability becoming the normal process
Trends in regulatory developments
More stakeholder involvement Move towards user-pays Industry pays for monitoring Move towards regulations based on the receiving environment Move towards non-legislative approaches Focus on cumulative effects
Best available technology: Two options
BAT - Pick a level of performance or compliance that you want and mandate that all facilities require the level of treatment that will allow them to reach that level of performance
Regulate the technology
Regulate the compliance target
BATEA - find the most modern facilities in the country and mandate that everyone must meet the same level of performance (since is it economically feasible)
Pros and cons of technology
Advantages – doesn’t require biological support
Disadvantages – can only reach a certain level with economic feasibility
Pros and cons of Technology Based Regs
Advantages
costs each company the same amount
prevents dilution becoming solution to pollution
Disadvantages
may produce over and under protected areas
difficult to define economic achievability of technology
can only reach a certain level of protection with economic feasibility – may not be enough
Chemical Based- Regs
Regulated limits and guidelines are usually based on
Most sensitive endpoint in published, peer-reviewed literature
With appropriate quality of data
Flow, through, replicated, verification of doses of exposure
Usually a lethal endpoint
+ a safety factor (that can vary from 2 to >100)
Usually includes a literature review of what guidelines are currently used by other jurisdictions
Site-specific guideline can be developed if there is evidence that
Pre-development levels were higher than the existing guideline
Local species have adapted and can tolerate a higher level
Other evidence that the general guideline is not applicable
Toxicity Based: Regs
Canadian pulp and paper effluent regulations
In addition to strict limits on suspended solids and BOD,
Must pass 96 h rainbow trout toxicity test
Refinery regulations
Must pass 48 h Daphnia magna exposure
Environment effects monitoring (different pulp versus mines and freshwater versus saltwater – mining freshwater tests required quarterly)
Ceriodaphnia survival and reproduction inhibition
Selenastrum growth inhibition
Lemna growth inhibition
fathead minnow survival and growth inhibition
rainbow trout embryo development
Advantages – direct test of organisms’ responses
Disadvantages – may not be locally relevant
Subletal toxicity testing
in environmental health assessment
to examine other components of the ecosystem for potential toxicity
to define thresholds,
to define potential geographical extent of any changes that are seen,
to trigger more detailed assessments
can play a key role in evaluating whether there are potential receiving environment concerns that are not being expressed under present environmental conditions
Impacts in the receiving environment may be present below threshold levels, and responses to appear or increase in magnitude there is a change in environmental conditions (dry year, increased temperatures, change in flow related to other developments)
Biology based: Regs
set level of protection required in terms of receiving environment, and leave it to industry to achieve it
Advantages
regulations target immediate goal of risk management measures
higher protection for smaller receivers
targets development to best receiver
receiving environment has to become a bigger consideration during development
Disadvantages:
difficult to define acceptable level of environmental protection
does dilution become the solution to pollution?
what if target is not achievable?
how is it enforced?
