Canada Gazette, Part I, Volume 158, Number 3: Extra

May 21, 2024

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Interim Order Respecting Releases of Benzene from Petrochemical Facilities in Sarnia, Ontario

Whereas benzene that has the molecular formula C6H6 is specified on the list of toxic substances set out in Schedule 1 to the Canadian Environmental Protection Act, 1999 footnote a;

And whereas the Minister of the Environment and the Minister of Health believe that benzene is not adequately regulated and that immediate action is required to deal with a significant danger to the environment or to human life or health;

Therefore, the Minister of the Environment makes the annexed Interim Order Respecting Releases of Benzene from Petrochemical Facilities in Sarnia, Ontario under subsection 94(1)footnote b of the Canadian Environmental Protection Act, 1999 footnote a.

Gatineau, May 16, 2024

Steven Guilbeault
Minister of the Environment

Interim Order Respecting Releases of Benzene from Petrochemical Facilities in Sarnia, Ontario

Interpretation

Definitions

1 (1) The following definitions apply in this Interim Order.

ASTM
means ASTM International, formerly known as the American Society for Testing and Materials. (ASTM)
design specifications
means documents and records relating to any equipment or instrument that establish how the equipment or instrument must be fabricated, constructed, used or maintained to achieve its intended function and level of performance, including engineering drawings, standards, material specifications, manufacturer specifications, commissioning checklists, data sheets and operating procedures. (spécifications de conception)
emissions control equipment
means any type of equipment, including a vapour control system or floating roof, that is used to limit VOC emissions from tanks. (équipement de contrôle des émissions)
engineer
means an engineer who is independent of the operator and who is licensed to practice engineering in Canada and is a member of a professional engineering organization. (ingénieur)
facility
means any buildings, other structures and equipment that are used for the storage of volatile petroleum liquid or the control of emissions from that storage and are located on a single property or are located on several properties that have at least one operator in common and are connected by piping that transfers volatile petroleum liquid and are separated by a property line to property line distance of no more than 5 km. (installation)
fenceline monitoring program
means a fenceline monitoring program established in accordance with section 60 of the Petrochemical - Industry Standard issued under Ontario Regulation 419/05 (Air Pollution — Local Air Quality). (programme de surveillance du périmètre )
fixed roof
means a roof that is permanently attached to a tank. (toit fixe)
floating roof
means a structure that floats on and is supported by the surface of a liquid and whose purpose is to limit vapour loss of that liquid to the environment. (toit flottant)
fully sealed
in relation to a tank, means that all vents, maintenance hatches and other openings that connect to the vapour space of a tank are sealed to prevent vapours from being released into the environment. (complètement scellé)
high benzene tank
means a tank that is used to contain a volatile petroleum liquid with a benzene concentration of 20% or more by weight. (réservoir de liquide à haute concentration en benzène)
internal floating roof
means a floating roof that is installed in a tank with a fixed roof such that the upper surface of the floating roof is protected from atmospheric conditions. (toit flottant interne)
LEL%
means the ratio of the observed concentration of a combustible gas or vapour to the lower explosive limit of that gas or vapour, expressed as a percentage. ( pourcentage LIE)
liquid
means any type of liquid, including volatile petroleum liquid. (liquide)
liquid leak
means a leak for which three drops of liquid per minute or more form at the source. (fuite de liquide)
lower explosive limit or LEL
means the lowest concentration of a combustible gas or vapour in the air that may ignite at a given temperature and pressure. (limite inférieure d’explosivité ou LIE)
operator
, in respect of a facility, means the person who operates, has charge of, manages or controls the facility. (exploitant)
petrochemical facility
means a facility that is engaged in converting feedstocks derived from petroleum, or from petroleum and natural gas liquids, into acyclic (aliphatic) hydrocarbons or cyclic aromatic hydrocarbons, including facilities identified by the North American Industry Classification System (NAICS) code 325110 Petrochemical Manufacturing. (installation pétrochimique)
petroleum
means all naturally occurring hydrocarbons. (pétrole)
tank
means a tank, vessel, reservoir or container that is used to contain volatile petroleum liquids, regardless of its shape or material of construction. (réservoir)
true vapour pressure or TVP
means the absolute partial pressure exerted on the walls of a vessel containing a liquid by the gas molecules above that liquid when the liquid and its vapour are in equilibrium. (pression de vapeur réelle ou PVR)
vapour
means any type of vapour or gas containing VOCs, including vapours arising from volatile petroleum liquid. (vapeur)
vapour control system
means a system that captures vapours emitted from tanks and prevents them from being released into the environment, including a vapour recovery system and a vapour destruction system. (système de contrôle des vapeurs)
vapour destruction system
means a vapour control system that destroys vapours by combustion, thermal oxidation or other means. (système de destruction des vapeurs)
vapour leak
means any release of vapour other than a release for which a portable monitoring instrument is used to determine that the concentration of VOCs at the source is less than 10 000 parts per million by volume. (fuite de vapeur)
vapour recovery system
means a vapour control system that captures vapours for use. (système de récupération des vapeurs)
vehicle
means a machine that is designed to be mobile, including a truck, railcar, ship, transport barge or trailer but is not designed or has not been modified to serve as a permanent stationary liquid storage site. (véhicule)
vehicle tank
means a tank attached to or integrated into a vehicle. (réservoir de véhicule)
volatile organic compound or VOC
means a compound that participates in atmospheric photochemical reactions and that is not excluded under item 60 of Part 2 of Schedule 1 to the Canadian Environmental Protection Act, 1999. (composé organique volatil ou COV)
volatile petroleum liquid
means petroleum, or a mixture that contains petroleum, that
  • (a) exists as a liquid at a temperature of 20 °C and an absolute pressure of 101.325 kPa;
  • (b) contains 10% or more of volatile organic compounds by weight;
  • (c) contains 2% or more of benzene concentration by weight; and
  • (d) has a true vapour pressure greater than 3.5 kPa. (liquide pétrolier volatil)

Incorporation by reference

(2) Any document that is incorporated by reference in this Interim Order is incorporated as amended from time to time.

Inconsistency

(3) In the event of an inconsistency between a provision in a document incorporated by reference into this Interim Order and any provision of this Interim Order, the provision of this Interim Order prevails to the extent of the inconsistency.

Application

Petrochemical facilities in Sarnia

2 This Interim Order applies in respect of petrochemical facilities in Sarnia, Ontario that meet the following conditions:

Exceptions

3 This Interim Order does not apply to

General Provisions

Tank not in service

4 A tank is considered not to be in service if

Vapour control system

5 A vapour control system is considered to be in service beginning on the day on which it is first used at the facility.

Identifier

6 (1) The operator of a facility must ensure that each tank and vapour control system at the facility is assigned an identifier.

Marking

(2) The identifier must be marked on the tank or vapour control system or indicated on a site plan such that each tank or vapour control system can be identified at any time.

Records, requests, notices and reports

(3) The identifier must be included in all records that relate to the tank or vapour control system and in all requests, notices and reports with respect to the tank or vapour control system that are submitted to the Minister under this Interim Order.

Internal volume

7 (1) The internal volume of a tank is the sum of the volumes of each space inside the tank that may be occupied by a volatile petroleum liquid.

Sealed spaces

(2) The volume of any space that has been sealed to prevent the entry of vapour or liquid, including the space above an internal floating roof, is not included in the calculation of the internal volume of a tank.

Connected tanks

(3) Two or more tanks connected by a shared space or piping through which vapour or liquid may flow and that is not kept closed or isolated under normal operating conditions are considered to be a single tank with an internal volume equal to the sum of the internal volumes of the tanks and the internal volume of the shared space or the internal volume of the piping.

Tank with separate compartments

(4) If a compartment of a tank is sealed to prevent entry of vapour or liquid from elsewhere in the tank, that compartment is considered to be a separate tank with a separate internal volume.

Floating roof or variable internal volume

(5) The internal volume of a tank that is equipped with an internal floating roof or has a variable internal volume must be calculated at the highest design liquid fill level of the tank.

Sampling and Testing

Requirements

8 The operator of a facility must ensure that volatile petroleum liquids are sampled and tested in accordance with sections 9 to 16.

Immiscible phases

9 (1) For the purposes of this Interim Order, the VOC concentration, the TVP or the benzene concentration of a liquid with multiple immiscible phases is the highest value of the VOC concentration, the TVP or the benzene concentration of any single immiscible phase of the liquid.

Samples

(2) If it is impossible to determine one of the values referred to in subsection (1), one of the following samples must be used for the purposes of the determination:

Sampling of crude oil and other

10 (1) The sampling of crude oil, natural gas condensate and other naturally occurring petroleum and the sampling of other liquids that are known or suspected to contain hydrocarbon components that exist as a gas or vapour under ambient conditions must be performed in accordance with the method set out in the standard ASTM D3700–21, entitled Standard Practice for Obtaining LPG Samples Using a Floating Piston Cylinder.

Insufficient pressure

(2) Despite subsection (1), if the pressure at the sampling point is insufficient to permit sample collection, the sampling must be performed in accordance with the method set out in the standard ASTM D8009–22, entitled Standard Practice for Manual Piston Cylinder Sampling for Volatile Crude Oils, Condensates, and Liquid Petroleum Products.

Liquid too viscous

(3) Despite subsections (1) and (2), if the liquid is too viscous to permit the use of one of the methods referred to in those subsections, the sampling must be performed in accordance with the method set out in standard ASTM D4057–22, entitled Standard Practice for Manual Sampling of Petroleum and Petroleum Products.

Other liquids

(4) The sampling of liquids other than those referred to in subsection (1) must be performed in accordance with one of the sampling methods referred to in subsections (1) to (3).

Sample containers

(5) Sample containers must remain sealed after the sample is collected and may be opened only for testing in accordance with the applicable testing method.

Qualified professional

11 The sampling and testing of liquids and vapours must be performed by a scientist or technologist who specializes in an applied science or technology applicable to their duty or function, such as engineering, engineering technology or chemistry.

True vapour pressure

12 (1) The TVP of any liquid must be determined in accordance with one of the following test methods:

Temperature

(2) The following temperatures must be used to determine the TVP of a liquid in accordance with one of the test methods referred to in subsection (1):

Benzene concentration

13 The benzene concentration of a liquid must be determined in accordance with one of the following test methods:

VOC concentrations — liquids

14 The VOC concentration of liquids is to be determined in accordance with one of the following test methods:

VOC concentrations — vapour

15 (1) An instrument used to determine the presence of VOCs in gas or vapour form, including for the purpose of detecting vapour leaks, must be of one of the following types:

Instrument — LEL%

(2) An instrument used to determine the LEL% must be of the type referred to in paragraph (1)(a) or (c).

Instrument — emission of gas or vapour

(3) An instrument used to determine whether a release of a gas or vapour is a vapour leak must be of the type referred to in paragraph (1)(a).

Equivalent VOC concentration

(4) If the LEL% is calculated from a measurement obtained with a portable monitoring instrument that produces a result in units of volume concentration, a VOC concentration of 140 parts per million by volume is considered to equal 1 LEL%.

Records

(5) The operator of a facility must maintain records that contain the following information and any supporting documents in respect of each instrument at the facility:

Combustible gas detector — requirements

16 (1) A combustible gas detector that uses a catalytic bead sensor must meet the following requirements:

Combustible gas detector — environment

(2) A combustible gas detector that uses a catalytic bead sensor must not be used in the following environments:

High Benzene Tanks

Non-application

17 The requirements of sections 18 to 20 and 32 to 36 do not apply to tanks that are not in service or to their internal floating roofs.

Emissions control equipment

18 (1) The operator of a facility must ensure that each tank at the facility, including each high benzene tank, is designed, operated and maintained in a manner that allows for the effective operation of the emissions control equipment that is installed on that tank.

Vapour control system

(2) The operator of a facility must ensure that each high benzene tank at the facility is equipped with a vapour control system no later than 35 days after the day on which this Interim Order takes effect.

Tank closest to the highest measured concentration

19 (1) Subject to section 20, the operator of a facility must ensure that the high benzene tank at the facility that is located closest to the sampling location of the fenceline monitoring program that had the highest average measured concentration of benzene during the period beginning on March 1, 2023 and ending on February 29, 2024 is equipped with a vapour control system and fully sealed no later than 21 days after the day on which this Interim Order takes effect.

Second tank

(2) Subject to section 20, if the facility has more than one high benzene tank, the operator of the facility must ensure that one high benzene tank — other than the high benzene tank referred to subsection (1) — is equipped with a vapour control system and fully sealed no later than 28 days after the day on which this Interim Order takes effect.

Third tank

(3) Subject to section 20, if the facility has more than two high benzene tanks, the operator of the facility must ensure that one high benzene tank — other than the high benzene tank referred to in subsection (1) or (2) — is equipped with a vapour control system and fully sealed no later than 35 days after the day on which this Interim Order takes effect.

Other tanks

(4) Subject to section 20, if the facility has more than three high benzene tanks, the operator of the facility must ensure that the high benzene tanks at the facility — other than the high benzene tanks referred to in subsections (1), (2) or (3) — are equipped with a vapour control system and fully sealed no later than 45 days after the day on which this Interim Order takes effect.

Exception during cleaning

(5) Despite subsections (1) to (4), a high benzene tank does not need to be fully sealed during cleaning if an analysis, stamped by an engineer, demonstrates that keeping the tank fully sealed during cleaning would cause significant risks to safety or human health, and that these risks would not be mitigated by using generally accepted practices to balance the pressure inside the tank, including the addition of make-up gas and the use of pressure-vacuum vents.

Definition of alternative compliance plan

20 (1) For the purposes of this section, alternative compliance plan means a plan that requires that, in the time period determined by the Minister under subsection (4), an operator must

Application

(2) An operator of a facility that must ensure that a high benzene tank at the facility is fully sealed within the period set out in one of subsections 19(1) to (4), may, no later than 14 days after the day on which this Interim Order takes effect, apply to the Minister for approval to implement an alternative compliance plan instead of complying with one of those subsections.

Approval

(3) The Minister must approve the application if the following conditions are met:

Time period

(4) If the Minister approves the alternative compliance plan, the Minister must determine the time period, up to a maximum of 90 days, within which the plan must be implemented and notify the applicant of the period.

Refusal of application

(5) The Minister must refuse the application if the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in the application.

Implementation of plan and exemption

(6) If the Minister has approved the application for an alternative compliance plan, the operator must implement the alternative compliance plan in the time period determined by the Minister in subsection (4) and the operator is

Vapour Control Systems

Design specifications

21 The operator of a facility must ensure that each vapour control system at the facility is installed, operated and maintained in accordance with the system’s design specifications.

Continuous monitoring device

22 The operator of a facility must ensure that each vapour control system at the facility is equipped with a continuous monitoring device that is considered to be part of the vapour control system and that

Continuous operation

23 The operator of the facility must ensure that each vapour control system at a facility operates continuously whenever the tank is in service.

Performance — emissions

24 The operator of a facility must ensure that each vapour control system at the facility must, at all times during its operation, not emit more than 35 g of VOCs per m3 of vapour vented.

Free of leaks

25 The operator of a facility must ensure that each vapour control system at the facility is free of vapour leaks and liquid leaks.

Standard operating procedures

26 The operator of a facility must, for each vapour control system at the facility, keep written standard operating procedures that

Performance test — defects

27 The operator of a facility must, within 45 days after the day on which this Interim Order takes effect and then at least once in a calendar year and no more than 14 months after the day on which the previous test was performed, test the performance of each vapour control system at the facility, for a defect referred to in subsection 30(2).

Performance test — modifications

28 The performance test referred to in section 27 must be performed in accordance with section 7 of the National Standard of Canada CAN/CGSB 3.1000–2024, entitled Vapour control systems in gasoline distribution networks, with the following modifications:

Records

29 The operator of a facility must maintain a record of each performance test performed on each vapour control system at the facility that contains the following information and any supporting documents:

Repair — deadline

30 (1) The operator of a facility must repair a defect of the vapour control system no later than five days after the day on which it was detected.

Defects

(2) A vapour control system has a defect if

Records

(3) The operator of a facility must maintain a record of each repair that contains the following information and any supporting documents:

Internal Floating Roof Tanks

Emissions control equipment

31 The operator of a facility must ensure that, within 45 days after the day on which this Interim Order takes effect, each tank at the facility that is not a high benzene tank is equipped with an internal floating roof or is fully sealed and equipped with a vapour control system.

Every 30 days

32 If a tank at a facility is not a high benzene tank and is equipped with an internal floating roof, the operator of the facility must inspect the space above the internal floating roof within 21 days after the day on which this Interim Order takes effect and then at least once every 30 days, unless the tank is fully sealed and equipped with a vapour control system.

Inspection

33 An inspection referred to in section 32 must include a determination of the value of the LEL% in the space above the internal floating roof in accordance with the control conditions and procedure described in the schedule.

Defect — tank in service

34 (1) If a defect of a tank at a facility or of the internal floating roof of that tank is detected when the tank is in service, the operator of the facility must, within 45 days after the day on which the defect is detected:

Defects

(2) An internal floating roof has a defect if

VOC emissions reduction plan

35 (1) The operator of a facility must develop a plan to reduce VOC emissions before an internal floating roof is no longer floating due to the removal of a volatile petroleum liquid from the tank at the facility and before the interior of the tank is cleaned and must implement that plan during the period of time that the floating roof is not floating or the tank is being cleaned, as the case may be.

Submission to the Minister

(2) The operator must submit the plan referred to in subsection (1) to the Minister at least one day prior to implementing the plan.

Contents of plan

(3) The emissions reduction plan must include a description of any planned emptying and cleaning activities that are likely to cause VOC emissions and the list of measures that are to be taken to reduce those emissions, including the equipping of the tank with a vapour control system that is

Transfer to a vehicle

(4) Whenever a volatile petroleum liquid is transferred from a tank at a facility to a vehicle, including a vacuum truck, the operator of the facility must ensure that 98% or more of the hydrocarbons in the exhaust from the vehicle tank are captured by emissions control equipment.

Record-keeping

Inspections

36 The operator of a facility must maintain a record of each inspection of a tank conducted under this Interim Order that contains the following information and any supporting documents:

Repairs

37 The operator of a facility must maintain a record of each repair made under paragraph 34(1)(b) that contains the following information and supporting documents:

Tanks

38 The operator of a facility must maintain, for each tank at the facility, a record that contains the following and any supporting documents:

Minister’s request — records

39 (1) On the Minister’s request, the operator of a facility must, within three days after the day on which the request is made, provide the Minister with a copy of any of the records that the operator is required to maintain under this Interim Order.

Minister’s request — sample

(2) The operator of a facility must make available to the Minister, and on the Minister’s request, provide the Minister with, at an address and in a manner specified in the request, a sample of any liquid that is stored in a tank.

Six years

40 (1) The operator of a facility must ensure that any record that they are required to maintain under this Interim Order is retained for at least six years after the day on which the record is made.

Location of records

(2) The records must be retained at the civic address of the facility or, on notification to the Minister, at any other place in Canada where the records can be inspected.

Notification of move

(3) If the records are moved, the operator must notify the Minister, in writing, of the civic address in Canada of the new location within three days after the day on which the records are moved.

SCHEDULE

(Section 33)

Measuring VOC Vapour Concentration in Internal Floating Roof Tanks

Control Conditions

1 The measurement of VOC vapour concentration in the space between the fixed roof and the floating roof of an internal floating roof tank must be performed under the following conditions:

Procedure

2 The following procedure must be followed to measure the VOC vapour concentration in the space between the fixed roof and the floating roof of an internal floating roof tank:

EXPLANATORY NOTE

(This note is not part of the Interim Order.)

The Interim Order Respecting Releases of Benzene from Petrochemical Facilities in Sarnia, Ontario was made by the Minister of the Environment on May 16, 2024. The Interim Order serves to rapidly apply certain sections of the proposed Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations, published in the Canada Gazette Part I on February 24, 2024.footnote 1 The Interim Order is needed to address an urgent and significant danger to the health of the residents of Aamjiwnaang First Nation community posed by benzene emissions from petrochemical facilities in Sarnia, Ontario. Aamjiwnaang First Nation have reported both acute and chronic health impacts from benzene exposure. Should the recent increases and spikes of benzene emissions experienced by Aamjiwnaang First Nation continue, their risk of developing cancer would be 20 times more than accepted levels (based on annual average levels). This requires immediate action.

Aamjiwnaang First Nation will directly benefit from the Interim Order. This immediate action is expected to lower ambient levels of carcinogenic benzene in and around their community.

Upon approval by the Governor in Council, and in accordance with subsection 94(7) of the Canadian Environmental Protection Act, 1999 (CEPA), the Interim Order will cease to have effect the day it is repealed, or the day on which a regulation having the same effect as the Order, is made, or two years after it is made, whichever is earlier.

Background

Benzene and health risks

Volatile Organic Compounds (VOCs) are gases that are emitted into the air from products or processes which can then impact indoor and outdoor air quality. Benzene is a VOC that is included in the List of Toxic Substances under Schedule 1 to CEPA. Benzene is a known human carcinogen (able to cause cancer). Long-term lifetime exposure to benzene can affect the blood and is associated with an increased risk of developing cancer (for example leukemia) and other adverse health effects including blood diseases and reduced immune functions. Short-term (acute) exposure to benzene in the air may lead to changes in blood cell counts and effects on the immune system. At extremely high levels, benzene can cause irritation to the eyes and respiratory tract and can affect the central nervous system.footnote 2

Inhalation exposure to benzene is of particular concern for populations located in areas where emissions from storage and loading operations contribute to concentrations of benzene in the air.

The CEPA assessment of benzene published in 1993 by the Minister of the Environment and the Minister of Health indicated that the examination of options to reduce exposure should be a high priority and that such exposure should be reduced wherever possible.footnote 3 The National Pollutant Release Inventory reports that Canadian refineries, upgraders, terminals and petrochemical facilities release benzene into the surrounding environment.footnote 4 It is expected that releases of carcinogenic substances from these facilities could contribute to cancer risks for Canadians in the vicinity of those facilities.

The Government of Canada’s Screening Assessment - Petroleum Sector Stream Approach: Natural Gas Condensates footnote 5 concludes that inhalation exposures to evaporative emissions of natural gas condensates from rail and truck loading sites and natural gas condensate storage facilities may constitute a danger to human life or health. This danger is linked to benzene exposure, a high hazard component of natural gas condensates.

Storage and unloading at gasoline stations can pose similar emission exposure risks to local populations, and a recent report from Health Canada concluded that “inhalation exposures to benzene attributable to gasoline station emissions may pose unacceptable risks to human health for the general population living in the vicinity”. Short-term exposure to elevated benzene levels near gasoline stations may also pose a risk to pregnant people and their developing fetuses.footnote 6

The results of the Screening Assessment and Health Canada report are relevant to this situation, even though the emission sources are different, since they both have conclusions regarding the impacts of benzene exposure to local populations. Also relevant is Health Canada’s proposed Residential Indoor Air Quality Guideline for Benzene, which includes a recent comprehensive science review of benzene health effects.

There is no safe level associated with long-term exposure to benzene, and the risks to health increase as benzene concentration increases. However, Health Canada considers 0.6 micrograms per cubic metre (μg/m3) as the benzene concentration associated with an acceptable level of risk for long-term exposure. This value is based on a cancer risk of 1 in 100,000, meaning that such a level could lead to one additional cancer case per 100,000 people over a lifetime. This is the proposed Health Canada Residential Indoor Air Quality Guideline for Benzene and can also apply in the context of outdoor air exposure.

While Health Canada does not have a short-term exposure health benchmark for benzene currently published, Health Canada recommends that short-term exposure to benzene do not exceed 30 µg/m3 (measured on a 24-hour basis). This value was developed by the United States Agency for Toxic Substances and Disease Registry and is based on an extensive evaluation of toxicological information.

Air Quality and Health Risk in Aamjiwnaang First Nation in Sarnia, Ontario

Aamjiwnaang First Nation in Sarnia, Ontario is surrounded by petroleum and petrochemical facilities, and repeatedly faces incidences of elevated levels of air pollutants, including benzene. The main source of the elevated benzene levels affecting Aamjiwnaang First Nation are emissions from storage tanks containing benzene.

There are multiple air quality monitoring stations within Aamjiwnaang’s lands and in Sarnia, including two long-term monitoring sites operated by the Department of the Environment’s National Air Pollution Surveillance (NAPS) program, three long-term monitoring sites and two recent pop-up measurement sites operated by Ontario’s Ministry of the Environment, Conservation and Parks (MECP). Health Canada and the Department of the Environment (the Department) officials have conducted a rapid assessment of benzene exposure levels and health risks impacting Aamjiwnaang First Nation.

Recent information indicates that benzene emissions from nearby petrochemical facilities have increased and are resulting in benzene levels that pose a significant danger to the health of nearby residents of Aamjiwnaang First Nation. The Ada Rogers station, operated by the Ontario government proximate to Aamjiwnaang First Nation community spaces, has recorded annual average concentrations of between 3.14 – 6.68 μg/m3 over the past 5 years. The average benzene concentration since March 2024 has increased to 10.7 μg/m3 (in comparison to the Health Canada benchmark of 0.6 μg/m3 for long-term exposure to benzene). Presented in terms of the risk to developing benzene-related cancer, the cancer risk was approximately 1 in 20,000 (2022), 1 in 10,000 (2023) and recently increased to 1 in 5,000 (2024; based on March 20-April 26, 2024), compared to an acceptable 1 in 100,000footnote 7. These risk estimates are based on being exposed to benzene over the course of a lifetime at these levels. In addition, benzene levels impacting Aamjiwnaang First Nation are higher than those observed elsewhere in Canada. According to data from the NAPS program in 2023, the average national benzene concentration across Canada was 0.52 μg/m3, while the NAPS program station in Aamjiwnaang First Nation had a 2023 annual average concentration of 0.74 μg/m3 (~ 2.5 km from the closest petrochemical facility).

In addition, short-duration episodes of elevated benzene levels have recently increased. From March 20-April 26, 2024, the measurements at the Ada Rogers monitoring site showed 3 out of 38 days exceeding Health Canada’s recommended benchmark of 30 µg/m3 (over 24h-hours, and representative of short-term exposure health risks). By comparison, there were 9 such exceedances overall for the 3 previous years (2021-23). These short-term elevated levels of benzene increase the risk of non-cancer health effects from short-term exposure to benzene as well as contribute to elevated long-term benzene exposure cancer risks.

Since March 2024, Aamjiwnaang First Nation community members have self-reported impacts to their health which they attribute to repeated short-term elevated benzene incidences, further demonstrating the effects of emissions on the health of Aamjiwnaang First Nation.

On April 16, 2024, Aamjiwnaang First Nation closed its community services (e.g. Band Office, playground, sport fields, daycare, and resource centre) and on April 25, 2024, a State of Emergency was declared in Aamjiwnaang First Nation due to high benzene levels. Community services remained closed, and community members have been directed by their leadership to stay at home with their windows closed due to the high levels of benzene in the air, although they are still concerned about indoor air quality within the community. Community services have re-opened, but with notification to the community that they will be closed again if benzene levels at the monitors co-located with Aamjiwnaang buildings exceed 27 μg/m3 (over one hour). These closures continue to happen periodically.

Regulating Volatile Organic Compounds

Federally, the Reduction in the Release of Volatile Organic Compounds Regulations (Petroleum Sector) regulate some sources of benzene emissions located in certain petrochemical facilities that are integrated with refineries. However, they do not apply to standalone petrochemical facilities. On February 24, 2024, the proposed Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations (the proposed Regulations) were published in the Canada Gazette, Part I. Among other things, once they are finalized, they would set requirements on tanks and loading equipment, and would apply to standalone petrochemical facilities. These proposed Regulations are expected to be finalized by late 2024 or early 2025 and would require storage tanks with high benzene content to install vapour control equipment within one year. The Department is exploring ways to advance the timelines for the coming into force of these provisions.

In Ontario, benzene is currently regulated provincially under the Environmental Protection Act (EPA). Regulations under this Act prescribe benzene air standards for half hour, 24 hour and annual averaging periods. While the Ontario regulations include a stringent air quality standard, they allow companies to comply in different ways, including by registering for the Petrochemical Industry Standard (PCIS). This alternative compliance mechanism allows some facilities to continue operating even if they do not meet the prescribed air standards in the Ontario regulations.

Implications

Gender-Based Analysis+ Considerations

Aamjiwnaang First Nation community has communicated the disproportionate impacts of benzene pollution on their community due to their proximity to industrial sites, and the limited resources available to address pollution concerns due to the ongoing legacy of colonialism and the chronic underfunding of programs and services in Indigenous communities.

Some individuals within Aamjiwnaang First Nation community, or others living or working near facilities with elevated benzene emissions, may be more susceptible to negative health impacts from exposure to benzene. Women are more susceptible to health effects related to benzene exposure than men in the same setting due to metabolic differences. Children are also more susceptible due to physiological and metabolic differences compared to adults. Exposure to benzene during pregnancy has been linked with negative effects, including preterm birth and low birthweight. In addition, studies have linked exposure to benzene during pregnancy or early childhood with an increased risk of childhood leukemia. Further, certain segments of the population may have genetic differences that affect benzene metabolism, increasing susceptibility to adverse health effects. Therefore, reduced emissions of benzene may be expected to have differential positive impacts on these segments of the population, including women, people who are pregnant and their developing fetuses, infants and children.

The First Nation’s local public buildings (e.g., community services) that have closed as a result of the benzene levels disproportionately impact a wide range of community members. The public spaces that have been closed include offices, a playground, recreational spaces, a daycare, and designated outdoor areas. These spaces are disproportionately accessed by women, children/youth, Elders/elderly, people who work/live near the source of pollution, and people who work outdoors. For example, women are often still responsible for caretaking (of children, youth, and the elderly) and the closing of daycares and recreational spaces means that women will likely have to take time off work to care for children and the elderly. Additionally, women often make up most administrative professionals in offices, and the closing of the band office will disproportionately impact women who work there.

The United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA)

Section 5 of UNDA provides that the Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that federal laws are consistent with the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) (PDF). This Interim Order contributes to the implementation of the UN declaration in federal law through the promotion of a healthy environment and the protection of human health in Aamjiwnaang First Nation community. By engaging directly with Aamjiwnaang prior to final decisions being taken for the current approach, the proposed Interim Order also supports Aamjiwnaang’s rights to participate in decision-making that is intended to directly impact their community. This would also provide consistency with provisions of the UNDA Action Plan, such as shared priority 66 reflecting Indigenous participation in decision-making. Representatives of Aamjiwnaang First Nation did not identify any ways that this Interim Order could be inconsistent with the UN Declaration.

Interim Order Provisions and Considerations

Under the Canadian Environmental Protection Act, 1999, the Minister has the authority to put in place an interim order if the Minister of the Environment and the Minister of Health believe that a substance listed on the List of Toxic Substances under Schedule 1 to that Act is not adequately regulated, and that immediate action is required to deal with a significant danger to the environment or to human life or health. An interim order made by the Minister ceases to have effect unless it is approved by the Governor-In-Council within 14 days.

Should the Governor-In-Council approve the Interim Order, as per subsection 94(7) of CEPA the Interim Order ceases to have effect on the earliest of: (a) the day it is repealed; (b) the day a regulation replacing it is made; or (c) two years after the order is made.

The Interim Order applies to petrochemical facilities in Sarnia, Ontario, where fenceline monitoring has historically measured benzene levels above 29 μg/m3 over a two-week sampling period. While fenceline monitoring is generally used to measure benzene levels at a facility as opposed to community exposure, in cases where communities are in very close proximity to a facility it can be appropriate to inform potential health risks. In accordance with EPA guidelines, the US Agency for Toxic Substances and Disease Registry has established 29 μg/m3 as an acute inhalation minimal risk level for benzene. It represents an estimate of the amount of benzene a person can breathe each day for up to two weeks without an appreciable risk of adverse noncancer health effectsfootnote 8. The Interim Order requires these facilities to address emissions from all benzene storage tanks, including fully closing all vents and destroying toxic gases on high-risk sources.

Other technical requirements include putting in place a plan to minimize emissions before emptying and cleaning benzene storage tanks, and specific inspection, maintenance and repair requirements to ensure good performance of vapour control systems. Timelines are intended to be short in response to the urgent nature of the situation, while being technically feasible. For example, a vapour control system would need to be installed on the benzene tank of highest concern within 21 days, with other tanks being addressed in the weeks to follow. The Interim Order does allow for extensions to the prescribed timelines in the event of health and safety concerns, however all work must be completed within 90 days. Similarly to the proposed VOC Phase 2 Regulations, the Interim Order would also require vapour control systems for loading operations.

The requirements in the Interim Order were developed based on those in the proposed Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations. In other words, the technical requirements imposed by the Interim Order are designed to have a similar effect to those in the proposed Regulations, but take effect much earlier to address the need for immediate action. These timelines are in contrast to the proposed timelines in the proposed Regulations of one year to install vapour control on benzene tanks.

It is expected that the costs to comply with the Interim Order would be the same as those that would be incurred to comply with the final Regulations. These were described in the cost-benefit analysis of the proposed Regulations.footnote 1 Since the Interim Order is accelerating the timeline associated with those requirements, there may be additional cost to installing vapour control measures on an expedited basis.

Aamjiwnaang First Nation will directly benefit from the Interim Order. This immediate action is expected to lower ambient levels of carcinogenic benzene in and around their community.

Supply-chain, Competitiveness and Timing Considerations

The requirements of the Interim Order are not expected to require long term shut downs of facilities. However, should this occur, it could have impacts for the management of benzene in the Sarnia region.

Based on conversations with facilities and associations, there are likely solutions for benzene logistics such as cutting down benzene production at facilities at which it is a by-product by adjusting the production process, storing benzene onsite for a period of time, or transporting it offsite to other potential customers. There may be some impacts on revenues for other facilities in making these process adjustments. The Interim Order is not expected to cause any long-term implications on supply chains.

Enforcement

The Interim Order would be made under CEPA, so enforcement officers would, when verifying compliance with the Order, apply the Compliance and Enforcement Policy for CEPA.

Consultations

On April 24, 2024, Aamjiwnaang First Nation sent a letter of support for the proposed Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations, and requested that their implementation be advanced as quickly as possible in order to reduce benzene emissions in their community to protect human health.

On May 13, 2024, the Minister of the Environment, in accordance with subsection 94(4)(b) of CEPA, consulted with other federal ministers to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger. No other Acts of Parliament were identified by other Ministers.

On May 14, 2024, officials from the Department met with staff from Aamjiwnaang’s Environment Department and Aamjiwnaang’s leadership to discuss the federal approach, understand and evaluate any concerns or questions, and to confirm the community’s support.

Given that the technical requirements in the Interim Order were developed based on those in the proposed Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations, it is important to note that extensive consultations were undertaken prior to their publication in the Canada Gazette, Part I. The comment period closed on April 24, 2024, and the Department is currently reviewing all comments and assessing their impact on a national scale.

The Department noted that concerns were raised by industry about implementation and repair timelines, however these concerns focused on logistical and technical challenges related to continued plant operation while emissions abatement measures are undertaken (e.g. sequentially removing tanks from service).

Contact

Magda Little
Director
Oil, Gas and Alternative Energy Division
Environment and Climate Change Canada
Email: covsecteurpetrolier-vocpetroleumsector@ec.gc.ca