Dear CBC Editor
We read with interest your article “Sarnia chemical plant appealing provincial order to reduce toxic emissions” published May 21st. The article quotes sections of INEOS’ submission to the Ontario Land Tribunal with respect to actions being taken by the Ministry of the Environment, Conservation and Parks (“MECP”) on benzene emissions. Some of the statements made in the piece are misleading and I ask that you consider the points made in this letter to correct these for your readers.
Firstly, your article suggests that INEOS Styrolution has been out of compliance since 2019. This is not correct. The Sarnia site has always operated within the regulatory limits set and permitted by the MECP [Petrochemical Industry Standard, Version 3.0 published by the MECP in June 2020 pursuant to O. Reg. 419/05]. Since 2019 there have been three orders, each adding additional measures on our Sarnia site beyond the Petrochemical Industry Standard (PCIS) for benzene, and on each occasion, INEOS Styrolution worked co-operatively with the MECP to comply with the limits referenced in Provincial Officer’s Order No. 8348-BFPLCD dated September 5, 2019, and Provincial Officer’s Order No. 1-208079516 dated May 3, 2023.
More recently, INEOS Styrolution invested $50m to modernize the plant and reduce emissions to meet the limits set by MECP of 580 µg/m3 (0.19 parts per million) over an hour and 320 µg/m3 (0.1 parts per million) over 24 hours. Throughout this period, we have worked with the MECP to implement our plans. The MECP understood our plans and associated timetables.
New limits of 90 µg/m3 over an hour or 30 µg/m3 over 24 hours were received in April and applied retrospectively, without notice, consultation, or time to implement.
This is a serious matter. Imagine if this approach to regulation was applied to speed limits on Canada’s highways. We have been driving at 30 kph, under the speed limit for the highway. Without notice the limit is changed to 10 kph and the law is applied retrospectively to the past six months, and your license is taken away.
Prior to the new orders from the MECP, and following a thorough data review, we can confirm that the site’s monitoring systems specified by the MECP detected no emissions exceeding the prescribed limits in the weeks before the initial order was issued on April 16, 2024.
We remain concerned by the timeframes contained in the orders from the MECP issued on May 1, 2024. Our request for review and stay makes clear that there are unintended consequences of complying with the orders, which could increase benzene emissions during this period.
For example, the mandate to empty tanks without off-site storage availability, which is not currently achievable in a safe manner, poses a risk to the natural environment. INEOS Styrolution has proposed an alternative timeline, detailed methods to accomplishing the destocking of the site safely, for which we are awaiting MECP's approval.
The Sarnia site plays a critical role in supplying styrene to various industries in Ontario and North America. The site’s integrated industrial complex exemplifies cooperative manufacturing, particularly regarding benzene, where INEOS Styrolution is the sole consumer within the Sarnia cluster. The economic impact on Canada’s refineries due to these new benzene emissions limits and conditions could be significant, potentially affecting the entire refinery industry.
There is currently significant uncertainty about the regulatory authority governing the operations of our site but also wider industry. We are working to comply with the orders, but we need clarity on the future regulatory framework to determine if further investment in our Sarnia site will meet the needs of the MECP.
Your article implies that we had planned to restart the plant on May 1st. This is not correct. Safety is our highest priority. The financial investment required to reopen the site is secondary to our concerns around safety for our employees, our contractors, and our neighbours. The plant was shut down in April and will remain closed until there is certainty that it can meet regulatory requirements at the centre of these issues.
For further inquiries, please contact styrolutionmedia@ineos.com