INEOS Styrolution Canada Ltd. - Environmental Compliance Approval (air)

Notice of Suspension

The purpose of this posting is to inform the general public of the Director’s decision to suspend Condition 1.1 in Environmental Compliance Approval No. 8903-AD5HPV (“air ECA”) issued to INEOS Styrolution Canada Ltd. (“INEOS”). The air ECA approves the operation of hydrocarbon storage activities at INEOS’s Styrene I site, and activities related to hydrocarbon storage as well as the production of styrene and ethylbenzene at its Styrene II site. Both sites are at the INEOS facility in Sarnia, Ontario.

On May 1, 2024, pursuant to section 20.13 (c) of the Environmental Protection Act (“EPA”), the Director suspended Condition 1.1 of the air ECA, which is the general condition allowing INEOS to operate its facility.

The reasons for this decision are provided in the Notice of Suspension included with this posting.

Amendment to air ECA

On May 1, 2024, the Director also amended the air ECA pursuant to section 20.13 (a) and (b) of the EPA to require INEOS to do the following:

• The suspension of Condition 1.1, limits the approval to maintaining and operating equipment necessary for the purpose of maintaining the safety of the INEOS facility and to prevent the discharge of benzene, styrene and ethylbenzene from the facility.
• Cease accepting or storing benzene at the INEOS facility for the purpose of manufacturing and production of styrene and ethylbenzene.
• Prevent or reduce the discharge of benzene during the suspension period, including safe removal of benzene.
• Complete certain actions, including:
  • investigating sources of benzene
  • making necessary repairs to prevent benzene leaks and address all items on the INEOS delay of repair list
  • controlling benzene emissions from equipment and storage tanks
• Addressing benzene emissions from the wastewater collection system prior to the restart of operations at the facility
• Obtain accurate monitoring information so that the environmental impacts from the facility can be verified.
• Provide monthly update reports during the suspension period to the ministry and Aamjiwnaang First Nation, summarizing work completed related to the above requirements to assist the ministry’s review of compliance with the EPA, regulations, and the approval
• Provide a final report confirming that all required work is completed prior to resuming operations at the facility
• INEOS to confirm that the draft of the final report has been shared with Aamjiwnaang First Nation for comment and that any comments provided by Aamjiwnaang First Nation be shared with the Ministry

A copy of these amendments are provided in the Notice of Amendment included with this posting.

It is the opinion of the Director that the delay involved in posting a proposal to amend the instrument for public comment under section 22 of the EBR would have resulted in danger to the health or safety of any persons in communities near to the Styrene I and Styrene II sites, and in particular, members of the Aamjiwnaang First Nation (“AFN”) community which is located directly south of the Styrene II site, as outlined below:

• Benzene is a carcinogen and exposure to elevated levels may have short-term and long-term impacts on health.
• Despite previous orders issued to INEOS, there continue to be elevated levels of benzene discharged from the INEOS facility.
• On April 16, 2024, there were elevated levels reported and members of the AFN community reported feeling unwell. The AFN Chief and Council ordered an immediate evacuation of the band office and directed people not to use the playground.
• On April 18, 2024, an order was issued to INEOS to require public notification of elevated levels of benzene, develop a plan to address benzene from wastewater, and investigate all other sources of benzene discharges.
• On April 20, 2024, INEOS voluntarily shut down some of its operations to conduct maintenance and address equipment issues, including some actions to address sources of benzene.
• On April 25, 2024, an air monitor in the AFN community reported more elevated levels of benzene. As a result of the elevated levels, AFN declared a local state of emergency.
• On May 1, 2024, the Director issued the Notice of Suspension and amendments to INEOS.
• Posting the amendments on the Environmental Registry for public comment would result in a delay in issuing the Notice of Suspension and the amendments to the air ECA, which would allow INEOS to restart its normal operations before carrying out the necessary work set out in the amendments to address the discharge of benzene from the INEOS facility and prevent the risk of adverse effects in nearby communities.

The proposal met the requirements of the emergency exception in section 29 of the EBR.