Company sanctioned for benzene emissions near Ontario First Nation considers appealing shutdown

The company at the centre of a controversy over benzene levels in Sarnia, Ont., said last week it may appeal a decision to close the facility, even as the nearby First Nation closed its office again Monday citing high benzene levels. 

INEOS Styrolution, the plastics chemical company located near the Aamjiwnaang First Nation band office, says its air monitoring data show no emissions exceeding limits of benzene in April. 

However, the company's air monitoring and alert system notified the public on Monday that elevated emissions, meeting the threshold for a public alert, had been detected. In a statement Monday, the Ministry of Environment, Conservation and Parks (MECP) said it continued to be concerned about benzene levels from INEOS. 

Last week the ministry suspended the company's environmental compliance certification, effectively closing the plant — though it had previously temporarily closed citing a maintenance issue. The May 1 order includes orders that must be in place for the facility to reopen. 

The company says the timeline for the MECP orders is "unrealistic."

"Our engineers and technical teams have raised significant concerns about safety and elevated emissions if the Ministry insists on the ill-informed timelines contained in its May 1, 2024, order," the company said. 

INEOS is considering appealing the order "to enable us to safely and effectively implement newly designed equipment systems on site, to meet the new emission standards, address the concerns of the Aamjiwnaang First Nation and to continue to serve the wider economic needs of Canada," the company said.

And, the company says, the closure of its Sarnia site could have economic implications. 

"The Sarnia plant is now closed, the flow of all products into and out of the site is currently stopped and the plant cannot be restarted until the requirements set forth in the May 1, 2024, order is satisfied," the company said in a statement. "This will likely impact the refineries that produce most of Eastern Canada's gasoline."

The plant office uses benzene to create styrene, the raw material in polystyrene, which is used to make food containers, utensils, toys and some medical devices and has about 90 employees. 

INEOS did not reply to a request for comment on Monday.

On Friday, the First Nation issued what it called its own notice of violation to both INEOS Styrolution and the MECP saying that "prescribed limits ... are not our limits and the moment benzene emissions cross that road, our Aboriginal and inherent rights are impacted."

The First Nation closed its band office and sent employees home on April 16 after people became ill with headaches, nausea and dizziness, all symptoms associated with high levels of benzene. Several people told CBC News they went to hospital for treatment.

The First Nation, which did not return a request for comment Monday afternoon, continues to operate under a state of emergency. Its offices will remain closed on Tuesday.