Ontario imposes new benzene rules on Sarnia styrene plant

Ontario is imposing new benzene emission limits and monitoring requirements at Ineos Styrolution’s Sarnia plant in a regulation under the Environmental Protection Act.

Ontario is imposing new benzene emission limits and monitoring requirements at Ineos Styrolution’s Sarnia plant in a regulation under the Environmental Protection Act.

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The regulation, posted to Ontario’s Environmental Registry, is the latest provincial step after a series of benzene level “spikes” were detected this spring at air monitoring stations at Aamjiwnaang First Nation, next to Sarnia, the ministry said.

Since then, the company has paused operation of the plant, which uses benzene to make styrene. And on May 1, the Environment Ministry suspended the site’s environmental compliance approval until corrective steps were taken.

“The ministry. . . remains very concerned about the elevated levels of benzene and associated health risks to Aamjiwnaang First Nation. . . and the Sarnia community,” the ministry said in the registry notice. “These risks are associated with possible ongoing exposure to benzene for those in the area around the Ineos Styrolution Canada Ltd.’s Sarnia facility.”

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Benzene is a carcinogen that can cause short-term health risks “and exposures should be minimized as much as possible,” the ministry said.

The regulation addresses benzene emissions at the company’s styrene facilities on Tashmoo Avenue, next to Aamjiwnaang’s administration buildings, and on Vidal Street South, setting benzene emissions limits and requiring Ineos to notify the ministry and Aamjiwnaang if they’re exceeded.

The new one-hour average limit for the site, 90 micrograms per cubic meter, kicks in two weeks after the regulation was filed May 31. The average 24-hour limit will be 30 micrograms per cubic meter, and the regulation also sets two- weekly and annual average limits.

“We’re hopefully heading towards what we’re asking for,” said Darren Henry, an Aamjiwnaang band councilor.

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First Nation officials have begun meeting daily with the ministry, he said.

“The ministry is meeting with Ineos and then they meet with us. . . (providing) air monitoring updates, Ineos’s plans for the day, and basically what we can expect from any exposure,” Henry said.

Aamjiwnaang council ordered an evacuation of the band office April 16 when high levels of benzene were recorded at a nearby air monitoring station and has told staff to work from home several times since, after elevated readings.

Hourly concentrations of benzene reached 191 micrograms per cubic meter at one Aamjiwnaang air monitor April 25 and the First Nation declared a local state of emergency, the ministry said.

“Benzene occurs at levels high enough to pose health risks in the northern parts of the (Aamjiwnaang) lands and in other areas of southern Sarnia. . . close to benzene-emitting facilities,” the ministry said.

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“Monitoring and modeling analysis undertaken by (the ministry) has confirmed that Ineos is the primary source of benzene currently affecting (Aamjiwnaang),” the notice said.

The ministry said it has been working with Ineos “for some time” to reduce its benzene emissions.

“Despite four orders requiring Ineos Styrolution Canada Ltd. to improve their operations, concerns about benzene remain and we must act now,” the ministry’s Lindsay Davidson said by email.

“That is why we are holding Ineos to account by implementing a new regulation that will require the company to ensure their benzene emissions do not create unacceptable health risks for people living closest to the facility,” Davidson said. “These limits are informed by the latest science on health risks associated with short-term benzene exposure, as well as the longer-term carcinogenic risks.”

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Ineos must meet benzene limits in the regulation, “including at community air monitors installed at Aamjiwnaang First Nation, and at monitoring stations along or near the property line of their facility,” Davidson said.

It also must install an enhanced monitoring system that includes permanent real-time benzene monitoring equipment, leak detection monitoring and backup monitoring gear, and share real-time results on a publicly available website, he said.

At the same time, the ministry is amending Ontario’s environmental penalties regulations to be able to assess the company a penalty of up to $100,000 a day in case of a very serious contravention, Davidson said.

“This regulation will work together with the ministry order issued April 18 and the recent amendments to add new conditions to the facility’s environmental compliance approval, to ensure Ineos’s benzene emissions are managed responsibly,” he said.

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A provincial environmental regulation aimed at one industry site is “somewhat unusual,” said Ian Miron, a managing lawyer in Ontario for Ecojustice, an environmental law charity.

Often, those requirements are included in an industry site’s environmental compliance approval, he said.

The new regulation’s average one-hour limit on benzene emissions is “three times higher” than the limit used by California’s Environment Protection Agency, Miron said. “That number is obviously not best in class.”

In May, Federal Environment Minister Steven Guilbeault ordered all petrochemical companies operating in Sarnia to take steps to control benzene leaks and, later, the two-week order was extended for as long as two years.

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“The focus has turned towards Sarnia and Lambton County and I think people have expectations on how to operate safely,” Henry said. “The support from the federal (government) also highlights that.”

The community’s “reputation has taken quite a few hits” and “I would think people would be a little more for working towards making Sarnia-Lambton that place of safety and a leader in industry once again by protecting the environment and the health of the people ,” he added.

Ineos has asked Ottawa for more time to comply and has appealed the provincial suspension of its environmental compliance approval.

The company recently said it “remains committed to the health and safety of the community and its employees” and has “always operated within emissions limits” set by Ontario’s Environment Ministry.

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@ObserverPaulM

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