Sarnia chemical plant appealing provincial order to reduce toxic emissions

Achemical plant in Sarnia, Ont., that has been shut down over benzene emissions sayscomplying with certain conditions set outby the provincial governmentcan't be done safely and will cost up to $50 million.

INEOS Styrolution is now appealing the government's actionsandwants the province to reverse new, strongeremissions restrictions.

The company started to shut down its operation on April 20, days after some members of neighbouring Aamjiwnaang First Nation say they were treated in hospital for benzene exposure.

The provincial government suspended an approval the company needs to restart on May 1 and told the company it needs tosignificantly reduce benzene emissions to get the suspension lifted.

Benzene is a byproduct of fuel refining that INEOSuses to produce styrene that companies need to manufacture auto parts, electronics and medical appliances.

It can also cause cancer through long-term exposure.

Company says meeting conditions will cost up to $50M

Benzene created at refineries in Sarnia-Lambton is transferred to INEOS by pipeline and stored in tanks that sit across the road from Aamjiwnaang's band offices andbaseball diamonds.

The new conditions prevent INEOS from receiving or storing benzene at the facility.

The company says that can't be done safely and haseconomic impacts.

"For example, emptying the tanks is not achievable in a safe manner due to the extent of activities required and absence of off-site storage tanks, and represents a risk to the natural environment," the company statedin a May 15 letterseeking a review and stayof the province's decisions.

The company has requested a hearing into the matter through the Ontario Lands Tribunal.

A spokesperson for the tribunal said that the appeal is in the intake stage.

Ontario's Environment Ministry says that the current orders will be in effect while the process is unfolding.

"INEOS is required to comply with these requirements unless the decisions under appeal are stayed by the tribunal," a spokesperson told CBC News.

The company estimates costs to meetthe provincial conditions will bebetween $30 millionand $50 million.

INEOS saysthere are 80 full-time direct jobs and 500 indirect jobs associated with its operations in the region.

"The newly imposed benzene emissions limits and conditions to restart the facility will likely cripple INEOS' operation and may result in a rippling effect on the refinery industry," the letter states.

Sarnia-Lambton is home to the second largestcluster of petrochemicalcompanies and refineries in Canada.

Those refineries provide a significant portion of thejet fuel used at Toronto Pearson Airportand automotive fuel in Ontario and contingency plans are now in the works.

An industry group said there was no immediate impact earlier this month.

New limits not'demonstrated to be necessary': company

INEOS argues in its letter that the province has not shown the companywhy the new benzene emission limits issued as part of the most recent order are required.

The company has been issued four orders since 2019 by theprovincial government after elevated concentrations of benzene emissions were measured at air monitors along the property line of the company and at Aamjiwnaang First Nation.

"INEOS has worked co-operativelywith the ministry in respect of developing various plans and orders intended to accelerate benzene emissions reductions," it states in the appeal.

In 2019, the company created a benzene reduction plan after the province issued an order to reduce emissions following elevated concentrations.

That plan was not able to address emissions fast enough, according to the provincial government, which issued another order in 2020 requiring the company to do more to address benzene emissions.

Air monitors continued to record "significantly elevated benzene concentrations" over the next two years according to the province, resulting in a third orderissued in 2023.

That order, according to the company's appeal letter,set a benzene emission limitof580g/m3 (micrograms per cubic metreair) over one hour and 320g/m3 over 24 hours.

At the same time, Aamjiwnaang First Nation pushed for a study on the healthrisks of benzene that was completed in December 2023. That study set a new benchmark stating an increase likelihood of health risks if benzeneconcentrations exceeded 90g/m3 over an hour or 30g/m3 over 24 hours.

WATCH | Residents talk about symptoms as airborne chemical levels are reported:

Aamjiwnaang residents talk about symptoms as airborne chemical levels are reported

5 months ago

Duration 3:58

Christine and Bob Rogers explain the symptoms they had earlier this week, their experience in hospital, and their worries surrounding benzene causing cancer.

INEOS argues in its letter that the new benchmark is not a legal requirement and that it has "not been subjected to the consultative process... that normally accompanies significant changes."

"Application of the benchmarks has not been demonstrated to be necessary or appropriate to prevent an adverse effect or be protective of the environment," the company states in the appeal letter.

Public notification benchmarks arbitrary,company says

The provincial order also drastically reduces the benzene emissions level that will require an alert to the public.

An air monitor in Aamjiwnaang recorded levels above the 2023 technical standard one hour limit 18 times over a two week period in April.

At the time, people were upset that there was no public notification during this period despite air monitors exceeding the health-protective benchmarks.

The most recent order requires the company to notify the public with an alertwhenever emissions are recorded at 75 per cent of the of the 2023 health-protective benchmarks.

INEOS argues that those alerts should be issued by the provincial government.

Appeal comes as feds bring new rules

The appeal was filed days before the federal government issued its own order against the southwestern Ontario operation.

The temporary order signed by Environment Minister StevenGuilbeault requires any facility that has recorded excess levels of benzene between March 1, 2023, and Feb. 29, 2024, to put in place vapour control measures on benzene storage tanks.

That order came three weeks after a meeting with Aamjiwnaang councillor Janelle Nahmabian who traveled to Ottawa as part of a delegation asking for action on plastic pollution.

"To me ... it honestly feels like a shift in humanity because there's so many people that have shown up for us, where historically ... we've often felt like we've been on our own,"Nahmabiansaid shortly after the federal order was announced.

"I think that with this interim order, it is going to enhance any provincial orders. Personally, I felt like the provincial orders weren't tight enough and this kind of bridges that gap."