Province fails to meet half of its 2010 environmental targets

The government has failed to meet four of the eight environmental targets for 2010 established by provincial law. At issue is the celebrated Environmental Goals and Sustainable Prosperity Act, which became law in 2007 with a unanimous vote from all three parties in the Nova Scotia legislature. EGSPA was intended as means to hold regulators and politicians accountable; it set out 19 specific environmental goals over the next 13 years, with the idea that flowery rhetoric about environmental stewardship could be checked against concrete action. In other words, the EGSPA targets give us a means to call politicians and policy makers on their environmental bullshit.

The good news for the just-concluded year of 2010 is that the province has met emission standards for sulphur dioxide, particulate matter and ozone, and has created a water resource management strategy.

The bad news is regulators have failed to produce a contaminated lands policy and a natural resources strategy, both of which were required by EGSPA by the end of last year. “Certainly we would have liked to be done by now, but this is an important strategy,” says Department of Environment spokesperson Lori Errington. “It takes time to get it right. We are still working on finalizing the strategy.”

The worse news is that two of the 2010 EGSPA targets have been abandoned completely. Last year, the Dexter government announced it had no intention of meeting mercury standards demanded by the act, because doing so would result in higher power bills—most of the mercury emitted in the province comes via Nova Scotia Power’s coal-burning power plants. Another 2010 EGSPA requirement, that the province adopt California-style emission standards for automobiles, has been quietly ignored as provincial policy makers realized they’d have to wait for federal action to impose stricter auto standards.

A complete analysis of the 19 EGSP goals is below.

2) To achieve the long-term objectives set forth in subsection (1), the Province’s environmental and economic goals are to ensure
(a) twelve per cent of the total land mass of the Province will be legally protected by the year 2015;

Future target, but on track.

(b)the Province will adopt emissions standards for greenhouse gases and air pollutants from new motor vehicles, such as the standards adopted by the State of California by the year 2010;

FAIL. This initiative has been abandoned.

(c) emissions of nitrogen oxides will be reduced by twenty per cent by the year 2009 relative to emissions in the year 2000;

Met the target.

(d) sulphur dioxide emissions will be reduced by fifty per cent by the year 2010 from sources existing in 2001;

“On target” to meet the requirement, although final 2010 figures are not yet available.

(e) greenhouse gas emissions will be at least ten per cent below the levels that were emitted in the year 1990 by the year 2020, as outlined in the New England Governors and Eastern Canadian Premiers Climate Change Action Plan of 2001;

Future target. There’s still time to meet this target, but all indications at this point are that we will fail to do so.

(f) mercury emissions will be reduced by seventy per cent by the year 2010 relative to 2001 levels;

FAIL. The mercury standard was abandoned by the Dexter government last year.

(g) eighteen and one-half per cent of the total electricity needs of the Province will be obtained from renewable energy sources by the year 2013;

Future target–Changed. The Dexter government changed the target to reach 25 percent renewables by 2020. This is not necessarily a bad thing—the new target is in some ways more meaningful, and the government is taking aggressive action to implement several policies related to renewables, but the devil is in the details. For example, a big portion of the “renewables” will come from clear-cutting forests for biomass, which isn’t truly renewable at all. I’ll be taking an in-depth look at these issues in a coming feature article.

(h) the Province will meet the Canada Wide Standard established by the Canadian Council of Ministers of the Environment for airborne fine-particulate matter by the year 2010;

“On target,” although final 2010 figures are not yet available.

(i) the Province will meet the Canada Wide Standard established by the Canadian Council of Ministers of the Environment for ground-level ozone by the year 2010;

“On target,” although final 2010 figures are not yet available.

(j) municipal public drinking-water supplies will meet the Province’s treatment standards by the year 2008;

FAIL. Says Errington:

* We’re working with municipalities to meet the new treatment standards
* Some projects faced unexpected construction delays, or discovered that more study was required in order to get it right.  These changes also create a financial challenge for municipalities, and more time was needed.
* 69% of municipal drinking water systems meet the standards, and these systems serve approximately 90% of Nova Scotia’s population.

(k) a comprehensive water-resource management strategy will be developed by the year 2010;

Met. Says Errington: “In December, 2010, Nova Scotia launched “Water For Life”, its water strategy requiring 29 actions over the next 10 years.”

(l) wastewater treatment facility discharges will be provided at least primary treatment by the year 2017;

Future target— Too early to tell.

(m) regulatory tools that use the framework within the Environment Act to stimulate redevelopment of contaminated land and contribute to economic development while protecting the environment will be developed by the year 2010;

FAIL. Says Errington:

*  We are making great progress in the development of new contaminated sites regulations.
* We are taking the time to ensure that the regulations are complete and effective.

(n) a policy of preventing net loss of wetlands will be established by the year 2009;

FAIL. Says Errington:

* We’ve spoken with key environmental and industry groups, but extended the consultation process in order to meet the high level of interest in this policy.
*  Nova Scotians expect us to get this right the first time, which we intend to do by taking the time to review and carefully consider all the aspects and interests involved.

But here’s what the Ecology Action Centre says in a press release:

The Ecology Action Centre would like to know when the province plans to release its no-net-loss of wetland policy, which was originally due in December 2009.    “This Wednesday, February 2nd is World Wetland Day” says Jennifer Graham, Coastal Coordinator at the Ecology Action Centre “The province is hosting a public information session about its water strategy rather than launching the missing-in-action wetland policy.”  World Wetland Day is an annual international event to raise public awareness of wetland values and benefits

The province of Nova Scotia committed to developing a no-net-loss of wetlands policy through the 2007 Environmental Goals and Sustainable Prosperity Act.   Pubic consultations were held in the summer and fall of 2009 on a draft policy document, and the final policy was expected to be released that year.    “What’s the hold-up?” Graham asked.  “How can the government prevent wetland loss without a clear policy direction and regulations? If this goes on much longer, we’re going to have to send out a search party”

Wetlands are valuable and productive ecosystems, which provide a range of services from flood protection, erosion control, and groundwater recharge to wildlife habitat.  Approximately, 65%of Nova Scotia’s original salt marshes have already been lost through development and other human activities.  The research organization GPI Atlantic estimates that wetlands in Nova Scotia provide an estimated $7.9 billion worth of benefits to the environment like flood and erosion control.

(o) the solid-waste disposal rate will be no greater than three hundred kilograms per person per year by the year 2015 through measures that include the development of new programs and product stewardship regulations;

Future target— Too early to tell.

(p) septage treatment facilities will be operated in accordance with the Guidelines for the Handling, Treatment and Disposal of Septage by the year 2011;

Future deadline, status unknown.

(q) a sustainable procurement policy for the Province will be developed and adopted by the year 2009;

Met.

(r) all new residential dwelling units constructed in the Province that are within the scope of Part 9 of the National Building Code of Canada will be required to display an EnerGuide rating by the year 2008;

Complicated. See below

(s) all new residential dwelling units constructed in the Province will be required to achieve an EnerGuide rating of 80, or meet energy conservation measures adopted in the Nova Scotia Building Code Regulations made under the Building Code Act after January 1, 2011; Complicated. Errington puts a spin on this as follows:

* As a result of consultations, the EnerGuide label was not made mandatory, but was accepted as one of several performance options.
* Government amended the Building Code to exceed the EGSPA requirements
* The building code regulations apply to a broader range of construction projects than EnerGuide – including renovations and small commercial buildings.
* The province supported the creation of the Centre for Built Environment at the Nova Scotia Community College at its Waterfront Campus in Dartmouth. This centre is a green building and it will support advanced learning and skills training in energy technologies in the building trades.

Here’s what the Ecology Action Centre has to say:

(r) -Government changed this goal from mandatory to voluntary; this move utterly undermines credibility of Act
-any building being sold on the market, not just new buildings, should have a mandatory Energuide rating to educate the consumer, and stimulate the energy auditing sector
-lack of trained auditors partly affected ability of industry and government to meet this goal

(s) -Goal implemented December 2009, one year ahead of target, into the NS Building Code. Performance based targets, not prescriptive

– this is good as it enables the inclusion of large scale renovations and alternative forms of construction to meet the standard.
-New code changes also include water efficiency measures, bonus to the code changes
-applaud the inclusion of small commercial buildings to the efficiency targets; waiting to hear what standards exactly will be implemented for small scale commercial buildings.

-standards should focus specifically on energy efficiency, not LEED standards alone.
-industry needs to start preparing now

(t) a government facility will be constructed as a demonstration facility in accordance with a leading standard for building energy efficiency and sustainability, such as the Leadership in Energy Efficiency and Environmental Design standard by the year 2015; and

Future target.

(u)
the Province will adopt strategies to ensure the sustainability of the Province’s natural capital in the areas of forestry, mining, parks and biodiversity by the year 2010.

FAIL. Says Errington:

* We are committed to bringing forward a Natural Resources Strategy for Nova Scotia, which will fulfil our EGSPA commitments.
* Certainly we would have liked to be done by now, but this is an important strategy. It takes time to get it right. We are still working on finalizing the strategy.
* We are balancing a commitment to conserving our natural resources for future generations with managing opportunities for sustainable economic development.
* When we’re satisfied we have a strategy that is right for Nova Scotians, we’ll share with everyone.

This article appears in Feb 3-9, 2011.