Reducing Benzene Emissions from INEOS Styrolution Canada Ltd.

Benzene occurs at levels high enough to pose health risks in the northern parts of the AFN lands and in other areas of South Sarnia located close to benzene emitting facilities.

Monitoring and modelling analysis undertaken by MECP has confirmed that INEOS is the primary source of benzene currently affecting AFN.

The MECP has been working with INEOS for some time to reduce its benzene emissions. Despite four orders requiring the company to take steps to improve their operations, benzene levels remain elevated and a long-term strategy is needed. As a result, MECP has decided that the best approach to address benzene releases from INEOS would be to create a new regulation.

This regulatory action is one component of a larger coordinated response including regular site visits at INEOS and enhanced 24/7 benzene monitoring. In addition, MECP suspended Condition 1.1 of the Environmental Compliance Approval issued to INEOS related to air emissions (the “air ECA”), and also amended the air ECA as benzene discharges from the facility were above acceptable levels, despite several previous provincial orders requiring the company to reduce benzene emissions. The ministry will continue to consider additional steps and compliance actions that may be required to reduce industrial emissions to improve local air quality.

Details of the New Regulations

On May 31, 2024, Ontario made a new regulation – O. Reg. 206/24 (Air Pollution – Discharge of Benzene from INEOS Styrolution) under the Environmental Protection Act (EPA) and amended O. Reg. 222/07 under the EPA and O. Reg. 223/07 under the Ontario Water Resources Act.

The new regulation addresses benzene discharges to air from the INEOS Styrene I and II facilities located at 872 Tashmoo Avenue and 1367 Vidal Street South, both in Sarnia Ontario. The new regulation includes requirements for INEOS to:

• meet limits on benzene concentrations over various averaging periods near the property line or at any point off the property of the INEOS facility.
• notify the ministry and Aamjiwnaang First Nation (AFN) of any exceedances of the benzene concentration limits
• identify, undertake and report on cause(s) of any exceedances of the limits and corrective actions to resolve the cause(s).
• install and operate enhanced monitoring systems in accordance with MECP- accepted monitoring plan (which is also to be shared with AFN). These enhanced systems comprise:
  • a near real-time open path system
  • an enhanced near-real time fenceline system
  • a leak detection system
• share near-real time monitoring data with the public on a publicly accessible website, including monitoring data from the new fenceline and open path monitoring systems and existing near real-time monitors.
• Notify MECP and AFN of certain monitoring system failures.
• Notify MECP of any leaks detected through the leak detection monitoring system.
• Keep and retain records, including records related to monitoring systems and monitoring data.

Some additional details related to the regulations are found below:

Benzene Limits

This new regulation applies to INEOS and establishes four benzene air discharge concentration limits over different averaging periods. The following concentration limits would apply at any point off property and at monitor locations at or near the property line:

• Annual, 4.5 µg/m³
• 2-week, 14 µg/m³
• 24-hour, 30 µg/m³
• 1-hour, 90 µg/m³

These concentration limits come into effect two weeks after the date the regulation was filed (May 31, 2024). Associated requirements that would be subject to the same 14-day phase-in period include:

• Providing notification to MECP and AFN on exceedances
• Undertaking and reporting requirements to MECP and AFN on cause(s) of exceedance and corrective actions to address cause(s)
• Posting these notifications and reports to a public website

Enhanced Monitoring

Compliance with the concentration limits will be assessed based on monitored exceedances measured initially at existing temporary near real-time and passive monitoring stations at/near the INEOS property boundary and at MECP community monitoring stations in the vicinity of INEOS.

INEOS is also required to install additional monitoring systems. Specifically, the facility is required to install, operate and maintain:

• An open-path monitoring system covering at least the south property line between INEOS Styrene II and AFN.
• A near real-time fenceline monitoring system consisting of fixed or multi-point monitors, intended to replace the existing temporary near real-time monitoring stations. These monitors will be used to assess compliance with the concentration limits.
• A leak detection monitoring system.

INEOS would also be required to have and use back-up measurement methods for the fenceline monitoring system. The implementation of this monitoring, including the timing and details of installation and operation of the monitoring systems, will be based on an MECP-accepted plan.

Notification of Exceedances and Information Sharing

INEOS is required to notify both MECP and AFN of any exceedances of the benzene limits and include information related to the exceedance.

INEOS is also required to post all benzene monitoring data from the monitoring systems in near real-time on a publicly accessible website.

Corrective Action

The regulation also requires INEOS to investigate the cause of any exceedance and determine corrective actions to resolve the issue and implement those actions. Information about these investigations and corrective actions must also be made publicly available.

Amendments to Environmental Penalties (EP) Regulations (O. Reg. 222/07 and O. Reg 223/07)

Amendments to the Environmental Penalties regulations enable penalties to be levied against INEOS (for both the Styrene I and II sites) for applicable contraventions, including if the facility: 

• exceeds the benzene limits set out in the new regulation. 
• fails to comply with other requirements of the regulation, including abiding by timelines and operating in accordance with a monitoring plan acceptable to the ministry.
• fails to comply with the terms of its Environmental Compliance Approvals and/or Orders issued to the facility in relation to air discharges. 

Amendments to the Environmental Penalties (EP) regulation also ensures that MECP has the enforcement tools it needs to hold the facility accountable for any violations of its Environmental Compliance Approval, Orders and the new regulation. This provides ministry staff with additional tools to apply swift financial consequences against the facility for prescribed contraventions, including the exceedances of the new benzene concentration limits.

Additional Background

How the Benzene Concentration Limits Were Determined

The new regulation will impose four different concentration limits:

• Annual, 4.5 µg/m³
• 2-week, 14 µg/m³
• 24-hour, 30 µg/m³
• 1-hour, 90 µg/m³

The short-term limits (1-hour, 24-hour, and 14 days) are all based on a 2023 MECP review of the most recent science on health risks from short term exposures to benzene in air. The review determined that concentrations of benzene exceeding either 90 µg/m³ over 1 hour or 30 µg/m³ over 24 hours, elevate the risks of an adverse health effect. It does not mean that an adverse effect will occur, however, it means that risks of adverse effects increase as concentrations increase above these protective levels.

For risk management and evaluation of facility performance, 14 µg/m³ is the equivalent 2-week concentration for 30 µg/m³ over 24-hours (based on meteorological conversion)..

The annual value is used for long-term risk management when the air standard is not met. It is based on a multiple of the MECP’s air standard and ambient air quality criteria for benzene, established in 2011, which is 0.45 µg/m³. The 4.5 µg/m³ concentration reflects a 1 in 100,000 lifetime additional cancer risk.How Environmental Penalty Amounts are Determined

Environmental penalties are one compliance tool in the ministry’s compliance and enforcement toolkit, and the application of environmental penalties will be informed by the ministry’s Compliance Policy and informed judgment matrix.

The amount of the environmental penalty order is based on several components, including a “gravity component” which reflects the seriousness of the violation. The criteria for determining seriousness are based on the specific violation and are set out in the regulation. EPs range from $1,000 per day for less serious violations to $100,000 per day for the most serious violations. 

Environmental Penalties do not replace prosecutions. Even if an Environmental Penalty is imposed and paid in respect of a contravention, the ministry can still prosecute for the same contravention.