The Federal Minister of Environment and Climate Change has announced strict benzene pollution controls in the pursuit of environmental justice for Aamjiwnaang First Nation.
Steven Guilbeault issued an Interim Order to the petrochemical industry in Sarnia on Friday, May 17 in response to the "significant danger to human health of volatile organic compounds, including benzene, originating from these facilities."
"It is simply unacceptable that the people of Aamjiwnaang First Nation and Sarnia face ongoing issues with poor air quality," Guilbeault said in a statement released Friday. "Indigenous peoples have a right to a healthy environment and too often are impacted by polluting industries. Protecting clean air, clean water, and the health of Canadians should be the priority for every order of government in Canada. I truly appreciate the Government of Ontario’s actions to address this situation to date. Now, based on the air quality data and lack of action by industry to address their pollution, I am using the powers provided by the Canadian Environmental Protection Act to advance environmental justice in this community."
Ontario suspended INEOS Styrolution's Environmental Compliance Approval (ECA) earlier this month after neighbouring Aamjiwnaang First Nation reported elevated levels of benzene resulted in staff at the band office feeling ill on April 16.
The order, published under existing authorities in the Canadian Environmental Protection Act, is consistent with Canada’s commitments in relation to the United Nations Declaration of the Rights of Indigenous Peoples.
Federal Minister of Health Mark Holland said everyone across Canada deserves safe air quality no matter where they live.
"This Interim Order will support work to preserve air quality and protect human health, especially for Aamjiwnaang First Nation," said Holland. "We will continue to support the community through benzene level assessments to evaluate potential health risks from exposure, and through strong regulations and safety measures to mitigate harmful air pollution.”
The order requires petrochemical production facilities in Sarnia with fence line concentrations of benzene above 29 micrograms per cubic metre (µg/m3) measured in any of the two-week sampling periods beginning on March 1, 2023, and ending on February 29, 2024 -- at any sampling location established in accordance with Ontario regulations -- to implement vapour-control measures, including fully closed vent systems with vapour control on certain storage tanks that store benzene.
The order will be in effect for 14 days, pending Governor in Council approval, which would extend the order for up to two years.
Aamjiwnaang First Nation Chief Chris Plain and the band council said they acknowledge and support the announcement of the Interim Order issued by the federal government.
"Our environment committee, environment department, council and chief, and the citizens of Aamjiwnaang, for whom we have been advocating, are appreciative of the collaboration between the federal government and Aamjiwnaang to uphold our treaty and inherent rights," the statement read. "Aamjiwnaang is confident that this order will not only add to the protection of the air quality in Aamjiwnaang, but also relieve the burden placed upon the air shed in the Sarnia–Lambton area.”
The Government of Canada also released a public consultation update on the proposed Reduction in the Release of Volatile Organic Compounds (Storage and Loading of Volatile Petroleum Liquids) Regulations that informed the Interim Order.
Aamjiwnaang First Nation was among the groups consulted in drafting the proposed regulations which are designed to further reduce emissions of volatile organic compounds, including benzene, from the petroleum and petrochemical industry in Canada.
The First Nation issued its own Notice of Violation against INEOS Styrolution and the Ministry of Environment, Conservation, and Parks (MECP) seeking immediate remediation of benzene emissions on May 3.
Scott Grant, an air pollution control engineer with C&S Grant Environmental Consulting, said it identified the failures of the environmental regulators to protect the air quality at Aamjiwnaang.