 |
Topics:
Environment
Beyond
NIMBY
Participatory
Approaches to Hazardous Waste Management in Canada and the United
States
Barry
Rabe
Reprinted from Critical Studies in Organization and Bureaucracy,
edited by Frank Fischer and Carmen Sirianni. Revised and expanded
edition. Temple University Press, 1994. pp. 622-643.
This article originally was originally published as "Beyond the
NIMBY Syndrome in Hazardous Waste Facility Siting: The Albertan
Breakthrough and the Propsects for Cooperation in Canada and the
United States," Governance: An International Journal of Policy
and Administration 4, no. 2 (April 1991): 184-206. Copyright
© 1991 Research Committee on the Structure and Organization
of Government of the International Political Science Association.
Reprinted by permission of Basil Blackwell.
Index
Introduction
The Problem of Hazardous Waste and Alternative
Approaches to Siting
The Emergence of Cooperation in Alberta
Limitations and Uncertainties
Conclusions
Notes and References
Contents
Introduction
The Problem of Hazardous Waste and Alternative
Approaches to Siting
The
Emergence of Cooperation in Alberta
Introduction
Both Canada
and the United States have stumbled badly in recent decades in
attempting to design policy that can lead to the safe and efficient
disposal of hazardous wastes. [1] These wastes pose a fundamental
dilemma for both nations in that any disposal facility will likely
impose high costs on those communities surrounding the facility
that is constructed. At the same time, the siting and operation
of a facility will offer widely dispersed benefits to all who
escape these costs and continue to enjoy the advantages of life
in a society that generates abundant quantities of these wastes.
In both nations what is commonly referred to as the NIMBY (not
in my back yard) syndrome prevails, in which those communities
faced with a proposed site take aggressive collective action and
thwart the proposal. As a result, the volumes of wastes increase
and the types of waste requiring special disposal or treatment
proliferate, with the political systems of both Canada and the
United States appearing increasingly unable to break through the
logjam.
This article
considers some of the reasons that prevailing approaches to siting
repeatedly have failed to produce agreements. It also explores
alternative policy approaches that may prove more successful in
transcending NIMBYism. In particular, the breakthrough case of
Alberta, which achieved a siting agreement in 1984 and opened
a new, comprehensive waste disposal and treatment facility in
1987, is examined in considerable detail to determine whether
it was a political fluke or if it offers lessons for future siting
efforts.
This analysis
draws heavily on the growing body of scholarship on policy cooperation
in considering the Alberta agreement and its prospects for replication.
As Paul Quirk has noted, political science has generally failed
"to identify the conditions for cooperative resolution of policy
conflict" (Quirk, 1989: 908). However, increasingly mature thinking
about policy cooperation is evident in both institutionalist and
game theoretic perspectives. Applied to cases such as hazardous
waste facility siting, it suggests that meeting the following
conditions can enhance the prospects for a cooperative outcome:
creation of new governmental institutions with capacity for conflict
mediation; provision of extensive opportunities for public participation
early in the policy-making process; development of economic and
related incentives to make cooperation more attractive to integrally
involved groups and individuals; recruitment of credible and capable
policy professionals to guide policy making on complex policy
issues and build public trust; and cultivation of governing norms
to guide citizen conduct and assure widespread policy support
and compliance.
The
Problem of Hazardous Waste and Alternative Approaches to Siting
Hazardous waste
defies precise scientific definition, exact estimation of public
health risk through various routes of exposure, or technological
agreement on the safest methods for disposal or recycling. [1] All
of these factors contribute to the widespread public fear of these
wastes and the difficulty in reaching agreement on their safe management.
The classification systems for measuring the volumes of these wastes
and their toxicity have improved in recent years, particularly in
the United States. A series of recent government-sponsored studies
suggests that between 250 and 275 million metric tons—or about
one metric ton per person—of hazardous waste are generated
in the United States each year (Conservation Foundation 1987:158-60).
No comparable estimate exists for Canada. A tabulation of recent
provincial estimates suggests that approximately 5 million metric
tons are generated in Canada annually, but this is in all likelihood
a significant underestimation of the total volume.
Regardless
of the total volume of wastes, it is commonly agreed that disposal
and treatment supply fall far short of demand. Many hazardous
waste disposal facilities were closed in the 1980s because of
unsafe treatment practices and fears of environmental and public
health dangers in the event of continued facility operation. Only
a handful of new facilities were opened in either Canada or the
United States in the past decade, and the majority of these are
relatively modest in scope. Many of these new facilities have
merely expanded the capacity of existing facilities, as in Michigan,
or will treat only selected types of wastes, as in Quebec.
Swan Hills,
Alberta, a town of 2,396 people that is 209 kilometers northwest
of Edmonton, remains the only community in Canada or the United
States to accept a comprehensive hazardous waste facility in the
1980s. It features multiple treatment and disposal methods and
has potentially expansive treatment capacity. However, even this
facility will not handle all Albertan wastes, much less those
of neighboring provinces or states, allowing it to make only a
modest contribution toward total continental hazardous waste management
needs. As one of the most comprehensive surveys of hazardous waste
generation and management capacity in the United States noted
in 1989:
Once
again, almost no new waste management capacity came on-line in
the past year . . . the amount of waste management capacity that
has actually become available during the past year is relatively
small and is primarily directed at high-energy, liquid wastes.
Thus, net waste management capacity for other types of wastes
has continued to decrease, albeit more slowly, for a sixth year.
(McCoy and Associates, 1989: 1-2)
With the
lone exception of the Alberta facility, the Canadian situation
is very similar. As a result, the single case of cooperation in
Alberta will have to be replicated frequently in future years
if adequate disposal capacity is to be developed.
Subnational
governments in Canada and the United States dominate siting policy
because of the absence of national siting legislation in both
nations. Subnational authority remains somewhat more dominant
in Canada, consistent with the constitutional deference to provinces
on natural resource matters. These moderate differences in degree
of decentralization are reflected in Figure 32-1 with the American
and Canadian cases occupying different parts of cells 2 and 4.
Figure
32-1: Typology of Hazardous Waste Facility Siting Policy
in Canada and the U.S.
| |
Centralized |
Decentralized |
| Regulatory
|
1.
(US HLRW) |
2. Florida
New Jersey
New Yori
(US LLRW) |
Ontario |
| Market
|
3. (Canada
LLRW) |
4. Minnesota
Michigan
Massachusetts
North Carolina
|
Alberta
British Colombia
Quebec
Saskatchewan |
Key:
Centralized—national government dominant in siting process
Decentralized—state/provincial government dominant in siting
process
Regulatory—government agency/agencies make main siting decisions
Market—private site developers make main siting decisions
HLRW—high-level radioactive waste
LLRW—low-level radioactive waste
The 1988
Canadian Environmental Protection Act may begin to chip away at
provincial powers in hazardous waste management, although this
remains highly unlikely. The American states must contend with
the regulatory structures imposed by the Resource Conservation
and Recovery Act (RCRA). This legislation provides uniform national
standards and permit guidelines for hazardous waste management,
and has attempted to shift states away from land-based disposal
methods. However, it operates on a conjoint basis, and more than
forty states have acquired authority to operate RCRA permitting
programs. Moreover, RCRA does not in any way establish a process
for hazardous waste facility siting, leaving this matter almost
entirely up to the states.
Given this
latitude from federal legislation, Canadian provinces and American
states have devised a wide array of policies to attempt to overcome
this dilemma, few of which have demonstrated much promise to date.
A fundamental dividing line between the varying approaches that
have been adopted by individual provinces and states involves
the nature of governmental involvement, as noted in Figure 32-1.
Provinces such as Ontario and states such as Florida, New Jersey,
and New York (cell 2) rely upon provincial or state environmental
and natural resource agencies to make the main siting decisions
and impose them on local communities. Under these "regulatory"
approaches, governmental officials weigh a number of siting criteria—technical,
economic, social, and political—and decide what type of
facility is necessary and where it should be located. Local governments
and the general public may be consulted at varying points of the
process, but the final decision rests with provincial or state
officials. A variety of coercive or consensus-seeking methods
may then be used to either force construction of the new facility
or gain local support for it. Private corporations may be included
on a contractual basis. They may be hired to construct and operate
the facility after the provincial or state officials have decided
its location, the wastes that will be accepted, and the methods
that will be used for their disposal or treatment.
By contrast,
provinces such as British Columbia, Quebec, and Saskatchewan and
states such as Massachusetts, Michigan, and North Carolina give
their public officials a far more passive role in the siting process
(cell 4). Private sector initiative drives the siting process
under this "market" approach. After establishing general guidelines
for safety, provinces or states wait to receive proposals from
private facility developers to specify the site, the types of
wastes to be accepted, and the nature of the facilities to be
constructed. These private developers work directly with communities
that would "host" the site, often negotiating the terms of agreement
with little or no direct involvement from provincial or state
officials. In the absence of proposals from the private sector,
no new facilities will be developed.
Both regulatory
and market approaches have consistently failed to produce agreements
on hazardous waste facility in both nations. Among regulatory
approaches, even the existence of a dominant governmental authority
is insufficient to overcome local resistance. In fact, it often
triggers enormous public distrust of any governmental role in
siting. Among market approaches, the attempt to establsh a workable
bargaining process in the absence of a substantial governmental
role faces similarly rigid public resistance. Private site propenents
repeatedly withdraw their proposals in response to fierce local
outcry.
The
Emergence of Cooperation in Alberta
Background
The record
of governmental efforts to site hazardous waste facilities is
a gloomy one, although a few Canadian and American cases have
deviated from the NIMBY pattern. The most noteworthy of these
involves Alberta's novel approach to siting and its major siting
breakthrough. The Alberta Special Waste Treatment Centre near
Swan Hills has proven a model of private, provincial, and local
government collaboration, antithetical to the pattern common in
most other provinces and states that have attempted siting. As
noted in figure 32-1, the Alberta approach defies categorization
in either the regulatory or market cells of the typology and in
many respects constitutes a hybrid strategy. Both Manitoba and
Minnesota have modeled their siting programs after Alberta and
will be a test of its replicability to their subnational units.
The Swan
Hills case is intriguing not only for its seeming transcendence
of NIMBYism but also for its alternation of the traditional structure
of the siting process and nature of interactions among key participants.
Under many current approaches to siting, a conflict emerges that
resembles a one-shot, zero sum game such as prisoner's dilemma.
In such cases interaction between factions ends rapidly, as local
communities "defect" rather than pursue cooperative strategies
in conjunction with waste facility proponents.
Alberta
has countered this pattern by transforming the siting process
into an open-ended, non-zero sum game that, at least in the case
of Swan Hills has resulted in multiparty cooperation. In the parlance
of game theory, the case appears to most closely resemble an assurance
game, where both factions prefer negotiation to conflict and both
expect to receive optimal payoffs if they cooperate. The Alberta
case is consistent with the pattern noted by scholars who suggest
that, under certain circumstances it is possible to devise processes
that lead to cooperative interaction, even among parties with
considerable reason to be skeptical of one another and incentives
to take adversarial actions (Hardin, 1982; Bendor and Mookherjee,
1987; Axelrod, 1984; Keohane, 1984; Oye, 1985; Rabe, 1986; Gillroy,
1990). Although the Alberta siting case may ultimately prove a
fluke that cannot be replicated elsewhere, it does indicate that
hazardous waste facility siting need not always be an intractable
problem. It also suggests that careful attention to the conditions
necessary to foster cooperative outcomes may be able to transform
the process.
Such conditions
are consistent with lessons for policy cooperation drawn from
the modest but maturing political science literature on this topic.
Some of these lessons are derived from institutionalist analyses
which stress creation of new governmental institutions that can
mediate factional conflict, establishment of mechanisms for meaningful
public participation well before final decisions must be made,
and development of competent and credible policy professionals
to oversee policy and build public trust. Lessons drawn from game
theoretic analyses of cooperation offer some similar insights,
but they also emphasize the importance of altering payoffs through
incentives that give communities greater reason to consider cooperation
and the development of norms to generate a collective sense of
responsibility for waste generation as well as guide citizen,
corporate, and governmental conduct.
Beyond
the Failed Market Approach
Alberta seemed
a most unlikely candidate to break through the NIMBY syndrome
in the early 1980s. The province began the decade with a market
approach to hazardous waste facility siting that closely resembled
the policies of British Columbia, Michigan, North Carolina Quebec,
and Saskatchewan. That approach met a familiar political response
as Alberta's market-driven efforts resulted in a pair of private
site proposals that were spurned in short order by fierce local
opposition. In response, the province placed a moratorium on the
siting of hazardous waste facilities in 1980 and established a
provincial Hazardous Waste Management Committee to study the problem
and devise an alternative siting process.
The committee
operated in the absence of any structured process for siting or
provincial regulation of hazardous waste management, having been
encouraged to design a novel approach. Its report provided the
basic structure of the approach that was ultimately embraced by
the Alberta legislature. This new approach emphasized volunteerism,
as only communities offering to host a site would be considered
as candidates. In addition, private developers would be asked
to propose facility plans to provincial authorities. At the same
time, the new Alberta approach established a major provincial
role through establishing siting criteria and educating the public
as to the nature of the hazardous waste problem and alternative
remedies. It also was designed to allow provincial authorities
to make the final decision on site selection and the private corporations
to be involved in construction and operation of the site and ultimately
to play a direct role in the management of the facility. This
blending of features resulted in a systematic role for government
in the hazardous waste siting process that was unprecedented among
all other provinces and states.
Siting criteria
were applied through constraint mapping, which ruled out parcels
of Albertan territory that were deemed inappropriate for various
physical, biological. economic, social, and political reasons.
Contrary to siting efforts in other provinces and states that
used constraint mapping, these efforts in Alberta were shaped
through exhaustive consultation with the public. This was an important
part of a process that provided for extensive public participation
at each stage.
The Alberta
approach also involved a potpourri of general information meetings
and frequent sharing of technical and related reports with community
organizations. The province established a host of liaison and
other committees that were intended to foster regular and direct
communication between public, provincial, and private corporation,
and crown corporation representatives at every stage of the siting
process. In the early stages of the site selection process Alberta
Environment officials hosted more than 120 meetings in every county,
municipal district, improvement district, and special area in
the province. These meetings responded to citizen questions, provided
briefings on the hazardous waste situation in the province, and
offered general information on the types of criteria that ca be
used in a siting program (McQuaid-Cook and Simpson, 1986; 1031-36).
Those communities that expressed interest in possible participation
continued to have far-reaching access to provincial officials
and hazardous waste data. Communities that expressed an interest
in this activity were offered a detailed provincial analysis of
their area, which could prove useful to them in considering the
viability of hazardous waste site as well as potential landfill
sites or other land uses. Fifty-two of a possible seventy jurisdictions
requested these assessments, and they were invited to volunteer
to further explore the possibility of hosting a site.
Fourteen
communities requested further consideration, although nine were
subsequently eliminated on either environmental grounds or in
response to vocal public opposition. Five communities remained
eager to pursue the possibility of further involvement. All of
them held plebiscites in 1982 that drew heavy voter turnout and
overwhelmingly approved the idea of hosting a hazardous waste
facility. Seventy-nine percent of Swan Hill voters supported the
facility proposal in a plebiscite in which 69 percent of eligible
voters participated. The town was selected by Alberta Environment
as the site of a comprehensive waste facility in March 1984. Community
leaders from the town of Ryley, which is 85 kilometers southeast
of Edmonton and has 500 residents, were very outspoken in registering
their disappointment in not being selected as a site host.
Swan Hills
proved attractive to provincial policy makers because it was relatively
close (209 kilometers) to the major metropolitan area of Edmonton
and linked to this area by highway. At the same time, unlike Ryley
and other candidate sites, Swan Hills had no immediate neighboring
communities, so its acceptance of a facility did not require gaining
the support of any nearby towns. Swan Hills also was eager to
diversify its economy, which was previously reliant on oil and
natural gas extraction, and attract investment of long-term economic
development. Like many small Albertan—and Western Canadian—towns
of this period, the Swan Hills' unemployment and bankruptcy rates
increased rapidly in the late 1970s and early 1980s (McParland,
1981). The other four communities that held plebiscites over siting
were also eager for economic development and diversification but
were not in as serious an economic down-swing as Swan Hills.
Local political
leadership played a pivotal role in building public trust in the
provincial siting process and support for pursuing the waste management
facility. They emphasized the economic development potential,
the voluntary nature of the siting process, and the fact that
the proposed facility was part of a comprehensive provincial waste
management strategy. Upon initial discussion, many Swan Hill residents
expressed alarm and formed citizen opposition groups. "When I
brought the idea back to council, I was almost run out of town
on a rail," explained Margaret Hanson, the mayor at that time.
But after the council embraced the idea, they formed a citizens
committee to hold regular public meetings prior to the plebiscite.
These gatherings were held every week over a twelve-week period,
and every Swan Hills resident was actively encouraged to attend
at least two of them. All relevant provincial and local officials
were available at these meetings to discuss any aspect of the
proposal. "We became taxi drivers, dishwashers, babysitters, whatever
it took to get everyone out," recalled the former mayor of council-led
efforts to build support for the proposal. "We divided up the
phone book and called everyone to town" (Houston, 1990). Such
extensive deliberations also served as a forum to consider—and
refute—claims from national and international environmental
groups such as Greenpeace that the facility would pose dire environmental
and health consequences if accepted.
Local leaders
also attempted to defuse opposition by highlighting the slipshod,
unsafe waste disposal practices previously used in Swan Hills
and the province. There had been recent revelations of hazardous
wastes being intermingled with garbage in area landfills and extensive
dumping of oil industry wastes into ditches and waterways. "It's
better to get rid of it properly," explained a local newspaper
editor (Bohn, 1986). He emphasized that many Swan Hills residents
were very familiar with such shoddy waste disposal practices in
Alberta and gradually came to perceive the facility as providing
a safer method of addressing a major local problem as well as
potential economic stimulus. These extensive public deliberations
differed markedly from those over similar proposals in other provinces
and states in their thoroughness, openness, and ability to foster
an atmosphere of trust.
They also
made possible an extensive public review of possible economic
and social advantages that might be generated by acceptance of
the facility. Swan Hills leaders argued that the construction
of a facility with an anticipated $45 to $50 million in capital
costs and creation of an estimated fifty-five new jobs would boost
the area economy and its capacity to attract desired developments,
such as a new hospital. In addition, the crown corporation provided
the following: $105,000 to cover expenses incurred by Swan Hills
for town meetings, consultation with outside experts, and travel
expenses; funding to enable the town to hire a permanent consultant
to evaluate monitoring data; subsidized housing for approximately
thirty-five family units; and purchase of a van to provide transportation
for Swan Hills residents to the site, which is twenty kilometers
northeast of the town. The private corporation responsible for
development and operation of the facility supplemented these benefits
with the following: approximately $65,000 to support various local
activities, including golf course development as well as other
educational, sporting, and cultural activities; planting 400 trees
for town beautification; and a special medical surveillance program
for all facility employees. It has also provided such symbolic
forms of compensation as making headquarter offices available
for public meetings, sponsoring a hockey school, and donating
a bear rug to the town council chambers.
The process
for finding a host community went hand in hand with a provincial
search for private firms to construct and operate the facility.
The Alberta legislature created a provincial crown corporation,
the Alberta Special Waste Management Corporation, in 1982 and
also began in that year a national and international competition
to attract private proposals for site development and management.
This resulted in nineteen proposals, which were later winnowed
down to four finalists. One month after Swan Hills was selected
as the site acceptable to both provincial and local constituencies,
Chem-Security Ltd. (later purchased by Bow Valley Resource Services
Ltd.) was selected to build and operate the facility. Representatives
from both the private and crown corporations sought a high public
profile in Swan Hills, attempting to maintain public trust and
support for the project.
The Swan
Hills Special Waste Treatment Centre opened in September 1987,
with capacity to incinerate organic liquids and solids, treat
inorganic liquids and solids, and landfill contaminated bulk solids.
The center is expected to process approximately 15,000 to 20,000
metric tons of hazardous waste each year, although its potential
capacity is significantly greater. It is the most comprehensive
treatment facility ever constructed in Canada or the United States,
given the breadth of treatment approaches and types and volumes
of waste that it can handle. The center is expected to preclude
any need for additional major facility in the province, the central
component in a comprehensive provincial waste management and waste
reduction system that also includes regional facilities for storage
and ultimate transfer to Swan Hills.
The Swan
Hills experience is unique not only in its ability to foster sufficient
cooperation to attain a siting agreement but also in its fundamental
transformation of the siting process. It suggests that it may
be possible to overcome the problems that have been so rampant
in both regulatory and market approaches. In at least the instance
of Swan Hills, this alternative approach has transformed siting
from a fierce conflict that quickly produces an unresolvable disagreement
to a more prolonged bargaining process that culminates in an agreement
acceptable to all participants. Some of the most crucial in this
transformation include the following.
Tripartite
Management and Governance
New, intermediary
institutions have often served to transform highly conflictual
situations into more cooperative ones. For example, Robert Keohane
argues that new, multinational institutions have played a pivotal
role in fostering cooperation in an era in which no single nation
or institution is likely to enforce agreement through hegemonic
power (Keohane, 1984). New institutions may be needed to transform
the siting process, distinct from traditional agencies within
individual states and provinces that lack public credibility,
meet stiff resistance, and repeatedly fail to attain agreement.
The introduction of a crown corporation into provincial hazardous
waste management appears to have contributed to the cooperative
outcome in Alberta. This corporation assumes a number of the important
responsibilities delegated to either private developers or regulatory
agencies in most states and provinces (Laux and Molot, 1988).
It provides for direct governmental oversight of facility operation
and also affords uniquely direct public financial and technical
assistance to private corporations responsible for site development
and management. As a 1981 government report endorsing the crown
corporation concept noted, the corporation
would
provide effective evidence of an arm's length position relative
to government and industry . . . while allowing various government
departments to continue their particular regulating, inspecting
and monitoring functions. . . . [T]he public would be more likely
to trust the administration of a crown body. Industry has indicated
that if allowed to operate facilities in a free market environment,
they too could function efficiently under such administration.
Therefore, both concerns are met. (Alberta Hazardous Waste Team,
1981)
Under this tripartite
system the Alberta Special Waste Management Corporation is responsible
for overseeing numerous aspects of the provincial waste management
system, including plant design and construction, provision of 40
percent of construction and operating costs plus operating loss
subsidies to the private corporation, control of all provincial
transfer and collection points, collection of 40 percent of revenues
generated by the facility, provision of utilities and highways for
the facility, and ongoing research, monitoring, and technological
appraisal. It also owns the site, which it leases to the private
firm for a minimal fee. In turn, Bow Valley Resource Services provides
60 percent of the construction funds and operating costs and handles
day-to-day operation of the facility.
The crown
corporation is distinct from Alberta Environment and related provincial
agencies, which set regulatory standards that specify the ways
in which respective wastes are to be treated. Alberta Environment
also provides a system for registering these wastes and punishing
regulatory noncompliance by either the crown or private corporations.
At the same time that the Swan Hills siting decision and Bow Valley
Resource Services selection were made, Alberta was devising one
of the more comprehensive hazardous waste regulatory systems of
all the Canadian provinces, and it was to be implemented by these
agencies. In addition to regulating waste management, provincial
agencies provide a number of requirements and incentives for waste
generators to alter their production processes in order to recycle
or reduce the volumes (or toxicity) of the wastes that would otherwise
be sent to Swan Hills.
Public
Participation
The
notion of any significant role in the siting of hazardous waste
facilities in Canada and the United States has become synonymous
with protests that ultimately thwart siting agreements. Neither
regulatory nor market approaches have found mechanisms of public
participation that provide citizens with opportunities that enable
them to influence policy and encourage them to cooperate. As Gary
Davis has noted, common participatory measures such as formal
adjudicatory hearings and informal public comment sessions "are
usually held too late in the process to really make any differences
in the facility siting decision and both tend to create hostility
and discourage cooperation" (Davis, 1987:29).
Creation of meaningful methods of public participation may thus
be pivotal to any future breakthroughs. Prolonged political dialogue
may be essential to defuse the adversarialism so common in NIMBY-type
situations and to move toward more unitary processes of conflict
resolution (Mansbridge, 1980; Williams and Matheny, 1994). Moreover,
multiple participatory mechanisms and outlets may be necessary
if participation is to have a significant impact (Mazmanian and
Nienabler, 1979; Gormley, 1989).
The Alberta approach offered a multidimensional system of participation
that was clearly more substantial, and more likely to build public
trust, than the ones developed in the other provinces and states
that were examined. Ontario and Florida, for example, have attempted
to impose sites and have provided only perfunctory opportunities
for public input. Explosive political conflict has gridlocked
both siting processes. Alberta also surpassed the limited participatory
opportunities provided in market-oriented approaches, such as
in British Columbia and Massachusetts, where citizen involvement
was minimal or nonexistent until after a community was confronted
with a site proposal.
This level of participation has continued into the operational
stage, through a number of formal and informal mechanisms designed
to maintain communication between Swan Hills residents, provincial
authorities, and representatives of the crown and private corporations.
The Swan Hills Special Waste Liaison Committee was formed in 1985
and meets regularly with members of the Alberta Special Waste
management corporation and Bow Valley Resource Services. One member
of the Swan Hills council is appointed to the crown corporation
board, and facility managers maintain a high profile in the community
and its schools. Observers of the public participation process
consistently emphasize that it was essential to encourage this
openness at an early stage and maintain it throughout, making
possible a bargaining process that resulted in settlement and
has preserved trust in the initial years of operation (Simons,
1988).
Compensation
Many provincial
and state approaches to hazardous waste facility siting have been
premised in part on the notion that host communities might agree
to accept a proposed site if generous compensation packages were
provided. Such packages could offer commitments of health and
safety protection, economic subsidies, or support for necessary
services such as transportation and education, and they could
be agreed upon through negotiation (Portney, 1985; Mitchell and
Carson, 1986). The notion of devising methods of compensation
to defuse NIMBYism is consistent with lessons offered by game
theorists, who suggest that tinkering with the level of payoffs
and the structure for their distribution may result in unexpectedly
stable, cooperative outcomes (Axelrod, 1984). In the process,
highly regulatory and redistributive policies that local communities
would normally resist might become more palatable if seen as facilitating
local economic and social development.
Merely allowing
for compensation to be discussed and provided does not result
in cooperation, despite such an assumption by many provinces and
states. By contrast, Alberta Environment, the Special Waste Management
Corporation, and Bow Valley Resource Services proposed a host
of compensatory benefits at a very early stage in the process—and
offered them in a very concrete manner—rather than wait
for the advanced stages of deliberation over a specific site.
Swan Hills officials contend that the economic impact of the facility
has helped Swan Hills overcome declines in oil and gas extraction
industries, providing eighty-six new jobs and luring new industries
eager to locate near the comprehensive waste disposal facility.
Swan Hills has enjoyed prosperity in the years following facility
approval, with major increases in housing starts, a $5-million
upgrade of water supply facilities, the opening of a modern 25-bed
hospital, construction of a major new office complex, and planning
for a major industrial park in the 1990s. Swan Hills has also
begun to lure hundreds of tourists each year, most of them eager
to visit the facility. This has proven a completely unexpected
aspect of economic development attributable to the agreement.
Policy
Professionals
Policies
that involve redistribution and regulation invariably lead to
political conflict. They often require the guiding hand of nonelected
public officials—or policy professionals—to facilitate
bargaining, agreement, and implementation (Peterson, Rabe, and
Wong, 1986). This is particularly important in hazardous waste
facility siting, where political saliency and conflict are extremely
high and the credibility of environment regulatory agencies has
often been suspect (Price, 1978; U.S. Office of Technology Assessment
1985; 1988). As William Lyons and colleagues have noted, "the
public has lost faith in those responsible for waste disposal—whether
they are private chemical companies or public agencies . . . and
is no longer willing to defer responsibility to 'experts'" (Lyons,
Fitzgerald, and McCabe 1987: 89).
The loss
of credibility of Alberta environmental officials helped undermine
the province's market approach of the 1970s. A 1979 report of
the Alberta Environment Research Secretariat indicated that provincial
officials were "being seen as aligned with private industry in
favour of waste management facilities, as opposed to being neutral"
(Krawetz, 1979:10). This perception, along with the other important
factors, served to scuttle facilities proposed in Fort Saskatchewan
and Two Hills. This ultimately led to the abandonment of the province's
market approach in favor of one that established a crown corporation
with functions that could be clearly distinguished from those
of environmental regulatory agencies.
The Swan
Hills case has resulted in a remarkable coalition between leaders
from each of the key components of the tripartite system and local
government officials. A major conflict did emerge in 1985 over
the role of the crown corporation, resulting in the controversial
dismissal of the crown corporation chair by the Alberta environmental
minister. This threatened to return Alberta to the adversarial
days of the late 1970s, although the quick appointment of a highly
regarded replacement as chair defused the situation (Glenn, Orchard,
and Sterling, 1988: chap. 3, pp. 4-5). Important leadership has
been provided by a number of key provincial officials with extensive
experience in natural resources management and considerable public
prominence. Elected Swan Hills officials have provided a solid
base of support, with the former mayor and council playing a pivotal
role in promoting the project and devising a public participation
process that could garner trust.
Developing
Governing Norms
Norms that
guide behavior and lead to a collective willingness to address
the problem of hazardous waste management have been notably lacking
in most provincial and state siting efforts. A norm functions
in a particular social setting insofar as individuals can be expected
to act in certain ways and be punished when they fail to act in
these ways. Norms may be buttressed by laws but take on a self-policing
characteristic that is often fundamental to cooperative interaction
and implementable policy (Axelrod, 1986). With regard to hazardous
waste, neither Canada nor the United States has devised generally
acceptable understandings of what constitutes appropriate conduct
either individually or by private or governmental organizations.
Moreover, there is as yet no great likelihood of punishment in
the event of defection from the norm or refusal to make constructive
contributions to resoltuion of the hazardous waste problem. This
has led to extensive illegal dumping in both nations and explains
the proliferation of abandoned sites that has necessitated, in
the United States, the creation of a multi-billion dollar "Superfund"
to facilitate highly expensive site cleanup. It has also encouraged
exportation of wastes to developing nations, which has mire both
nations in embarrassing foreign policy conflicts upon revelation
of haphazard dumpings in heavily populated areas abroad.
Alberta
has not resolved this issue but has taken unusual steps to begin
to develop governing norms through its massive information and
educational efforts. "The public needed to be able to identify
with the problem before ever considering any responsibility in
developing a solution," noted one analyst (Simons, 1988). Alongside
these efforts, the comprehensive nature of the system to regulate
waste management and promote waste reduction is intended to provide
an overarching framework in which all Alberta citizens can begin
to understand their personal contributions to the problem and
their potential role in its resolution. These efforts have only
begun to lead to norm development that might facilitate a collective
sense of responsibility for the hazardous waste problem, but they
appear to surpass those that have been attempted in the other
provinces and states that were examined. Furthermore, Alberta's
distinctive political culture may give it certain advantages over
many other provinces and American states in developing such norms.
This culture has been highly supportive of natural resource extraction
as a tool of economic development and may be more trustful of
private and provincial leaders than other, eastern provinces or
many American states (Gibbins, 1980; Richards and Pratt, 1979).
Limitations
and Uncertainties
Background
The ratification
of a siting agreement and the opening of a comprehensive waste
treatment center are surprising developments given the acrimonious
pattern of hazardous waste facility siting in Canada and in the
United States. However, the real test of the effectiveness of
the Alberta approach will be the environmental, economic, and
political performance of its hazardous waste management system
over time and the experience of other provinces and states that
emulate its unique qualities. Some initial concerns that have
emerged in the Alberta program suggest that its implementation
may indeed be smoother than that of other provinces and states
but will not be foolproof. At the same time, the Alberta approach
has already begun to diffuse beyond the province's boundaries,
having had significant influence on new policies devised in neighboring
Manitoba and Minnesota. These cases offer some early indication
of the approach's likely effectiveness when it is replicated elsewhere.
The
Dangers of Capture
Regulatory
theorists have long warned that outward signs of collaboration
between regulatory agencies and regulated parties can result in
capture of the former by the latter (Lowi, 1969; McConnell, 1966;
Stigler, 1975). Canadian environmental regulatory policy in recent
decades has been far more deferential to the preferences of private
and public organizations that contribute to environmental contamination
than has American policy. The relative absence in Canada of environmental
advocacy groups or a strong national government presence in regulation
has often resulted in harmonious—but arguably captured—regulatory
relationships (Rabe, 1989).
This more
cooperative form of policy making is, in the eyes of many analysts,
more efficient in economic terms and every bit as effective in
protecting the environment and public health than the more adversarial
American approach (Vogel, 1986; Brickman, Janasoff, and Ilgen,
1985). For example, Thomas Ilgen's comparative analysis of chemicals
regulation in Canada and the United States emphasizes the relative
merits of the Canadian approach (Ilgen, 1985). But this regulatory
style may not be acceptable in the adversarially oriented American
states and those more economically developed provinces, such as
Ontario, that have increasingly embraced an American command-and-control
approach to environmental regulation. Moreover, this more cooperative
style of policy making has regularly failed to overcome NIMBYism
in hazardous waste facility siting in a variety of other provinces.
The more
cooperative approach may also lead to more superficial forms of
public participation than would first seem likely, given the proliferation
of meetings, outreach efforts, and citizen involvement opportunities
in Alberta hazardous waste management. For example, the Alberta
Hazardous Chemicals Advisory Committee, which coordinated the
assessments of the provincial Hazardous Waste Regulation and its
amendments, is dominated by industry representatives. More than
half of the committee's members are from the private sector, with
the remainder from provincial agencies or municipal associations.
This complete absence of environmental advocacy group representation
is characteristic of environmental policy making in the province,
as the major North American organizations have only a minimal
presence in Alberta. It is also consistent with repeated pledges
by Alberta environmental officials to consult closely with the
regulated community and not allow hazardous waste regulations
to thwart economic development. In such a setting, capture could
emerge once the political flames of NIMBYism have been contained,
particularly if a community such as Swan Hills became economically
dependent on the continued operation of the facility (Crenson,
1971).
Planning
Pitfalls
The early
experience of the Swan Hills facility may underscore the difficulty
that a provincial or state government may face in assuming responsibility
for all aspects of waste management. Since the facility opened,
it has received more incinerable solids and less materials for
physical and chemical treatment than had been anticipated. These
surprises can be attributed in part to the fact that the province
was so eager to get a comprehensive facility sited that the Swan
Hills treatment center was "designed, built, and opened before
authorities had any reliable data on the waste types and volumes
being generated" (Glenn, Orchard, and Sterling, 1988: chap.3,
p. 6). Moreover, Alberta Environment has continued to prove far
more reluctant than American states (under the prodding of the
U.S. Resource Conservation and Recovery Act) to require waste
generators to provide detailed waste production data to the province.
This has made the projection of waste disposal needs a highly
uncertain process.
As a result,
Alberta has found its share of treatment center costs to be much
higher than originally anticipated. The province provided $32.7
million to Bow Valley Resource Services to cover operating losses
during the first two years of operation, and such subsidies are
expected to continue for at least five more years. Moreover, the
underutilization of certain components of the comprehensive facility
has led Alberta officials to take a more receptive view toward
importation of certain nonprovincial hazardous wastes to bring
the facility up to capacity and trim operating losses. An original
selling point of the comprehensive facility was its anticipated
capacity to give Alberta complete control over its own waste management
and the autonomy to restrict waste importation from other provinces
and the United States. In fact, a 1985 Ontario highway spill of
a truck destined for an Alberta storage facility led the Alberta
environment minister to ban further acceptance of out-of-province
PCB wastes (Glenn, Orchard, and Sterling, 1988: chap. 3, pp. 6-7).
This was rescinded, however, when Alberta agreed to incinerate
substantial PCB residues from a major 1988 fire in St. Basile-le-Grand,
Quebec, a policy shift triggered in part by economic considerations.
The Swan
Hills facility is far too new for any definitive analysis of its
economic efficiency, capacity to respond to provincial waste disposal
needs, or ability to protect the environment and public health.
But its early difficulties illustrate some of the potential pitfalls
that may occur when an individual province or state attempts to
sponsor and manage its own facilities and relies on a comprehensive
central facility to serve as the system's focal point.
Replicability
Alberta's
unique approach to hazardous waste facility siting will have significance
for all of North America only if it proves worthy of emulation
elsewhere and can in fact be adopted by other provinces and states.
The capacity of the Alberta approach to be replicated elsewhere
with success is already being tested in a neighboring province
and state. Manitoba and Minnesota have abandoned their ineffective
siting efforts and borrowed heavily from Alberta in establishing
new approaches to siting. Thus far, the Manitoba case is the more
promising of the two and may well lead to a major siting agreement
in the early 1990s. Like Alberta, it has established a crown corporation
and an extensive public participatory process that invites local
communities to volunteer as possible hosts for a comprehensive
facility. Much like Alberta, Manitoba has a far-reaching system
of hazardous waste regulation and offers numerous incentives to
stimulate waste reduction. Thus far, it has met most of its timetables
without NIMBY-like explosions.
Five communities
had expressed strong interest in hosting a facility, although
the Rural Municipality of Rossburn dropped out of contention after
a January 1990 referendum was defeated. Among the remaining communities,
the City of Winnipeg and the Local Government District of Pinawa
are thought the most likely candidates. The Winnipeg metropolitan
area generates more than 80 percent of the province's hazardous
waste, and a nearby site would limit the dangers and costs associated
with long-distance waste transport. Pinawa, a town of 2,100 residents
located ninety kilometers northeast of Winnipeg, has appeared
most eager to acquire the facility. It has a sizable concentration
of technically skilled residents accustomed to environmental risk
since the primary employer is the Whiteshell Nuclear Research
Establishment. Pinawa leaders view the hazardous waste facility
as a potential source of economic diversification.
The Minnesota
experience suggests, by contrast, that the Albertan model may
not be so fully—or successfully—transportable to American
soil. The state abandoned its politically disastrous regulatory
approach in 1986 through amendment of the Minnesota Waste Management
Act. Much like Alberta's approach, the new legislation sought
local voluntarism through a series of public participation mechanisms
and compensation packages. It simultaneously pursued the selection
of a site and the recruitment of a private firm for site development
and management. Although it did not establish an equivalent of
a crown corporation, it does provide for possible state financing
and ownership of any facility. This would give Minnesota a far
greater role in hazardous waste management than most other states.
Minnesota also made other adjustments, such as agreeing to eliminate
incineration from any comprehensive facility, because of widespread
public opposition around the state. It also must operate within
the confines of fairly exacting waste management criteria that
are imposed by the national RCRA program. This leaves state officials
far less bargaining room than in Alberta or Manitoba (Reinke,
1988).
The politics
of facility siting under this approach have proven far less harmonious
in Minnesota than in Alberta or Manitoba. They seem far less likely
to result in a siting agreement. Fifteen Minnesota counties expressed
early interest in the possibility of accepting a site. Many of
them were economically depressed area and were attracted by the
possible compensation packages and potential economic stimulus
that a site might provide. Each of these counties received $4,000
per month from the state, and the four finalists were scheduled
to receive $150,000 per year for two years to assist them in technical
reviews and in other ways.
A much more
adversarial process has emerged in Minnesota than in Alberta.
Fourteen counties dropped out, and the one that remains, Red Lake
in the northwestern part of the state, may follow this pattern.
Local and national environmental advocacy groups proved quite
active and encouraged counties to withdraw their offers of participation.
Moreover, the staff of the Waste Management Board became divided
and suffered major turnover, severely damaging the credibility
of the board. Public trust further eroded when the media revealed
that the private firm that was selected to build a facility if
a site was agreed upon has a poor environmental safety record
in other states. In short, there are strong signs of NIMBYism
in Minnesota, despite its emulation of the Albertan process. However,
the Minnesota experiment deviated from the Alberta approach in
several critical aspects, including less extensive public participation
processes, the absence of a crown corporation, and less comprehensive
compensation packages. Further experimentation among states is
necessary to determine whether the Alberta approach is in fact
replicable in the United States.
Conclusions
Hazardous
waste facility siting poses a series of fundamental political
problems that are common to Canadian provinces and American states.
The prevailing policy approaches of the 1970s and 1980s have repeatedly
failed to produce significant siting agreements. By contrast,
an alternative approach has been devised in Alberta that has resulted
in a major siting breakthrough. This case meets a number of important
conditions on the attainment of policy cooperation that are established
by the growing body of scholarship on that subject. The Alberta
approach may warrant emulation elsewhere and has already served
as a model adopted by one neighboring province and one neighboring
state. Of course, it should not be viewed at this early stage
as either flawless or capable of easy transborder diffusion. Though
the initial political agreement is noteworthy, the mere construction
of a comprehensive facility does not guarantee technological effectiveness,
long-term economic efficiency in waste management, or protection
of the environment or public health. Nonetheless, the case suggests
that the NIMBY syndrome need not be insurmountable and that careful
attention to the institutional, economic, and social aspects of
the siting process can enhance the likelihood of cooperation.
Notes
Acknowledgment:
Funding for this research was provided by a grant from the Canadian
Studies Faculty Research Grant Program. Research assistance was
provided by Richard Compton, Debbie Consans, Margaret Daniel,
Laura Flinchbaugh, Elizabeth Lowe, Jessica Miller, Marion Perrin,
Pamela Protzel, and Robin Norton. Both sources of support are
greatly appreciated. I am also grateful to Colin Campbell, John
Gillroy, Philip Mundo, Paul Quirk, Mark Schneider, Eric Uslaner,
Kathy Wagner, Kenneth Warner, and two anonymous reviewers for
their helpful comments on earlier versions, and to Becky Pace
for her diligent word processing.
1. The word
"hazardous" is generally synonymous with the word "toxic" in both
Canada and the United States. Individual provinces and states
tend to define hazardous, as opposed to solid or radioactive wastes,
in somewhat different ways. Over time, however, the definition
provided by the U.S. Resource Conservation and Recovery Act (RCRA)
has become dominant. This legislation defines hazardous waste
"as a solid waste or a combination of solid wastes that, because
of its quantity, or physical, chemical, or infectious characteristics,
may cause, or significantly contribute to, an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness; or pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwised managed." Solid wastes
may be deemed hazardous under RCRA if they exhibit one or more
of the following four characteristics: ignitability, corrosivity,
reactivity, or toxicity. (Fortuna and Lennett, 1987:26-27).
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Index
Introduction
The Problem of Hazardous Waste and Alternative
Approaches to Siting
The Emergence of Cooperation in Alberta
Limitations and Uncertainties
Conclusions
Notes and References
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