O. Reg. 206/24: AIR POLLUTION - DISCHARGE OF BENZENE FROM INEOS STYROLUTION

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ontario regulation 206/24

made under the

Environmental Protection Act

Made: May 30, 2024
Filed: May 31, 2024
Published on e-Laws: May 31, 2024
Published in The Ontario Gazette: June 15, 2024

Air Pollution - Discharge of Benzene from INEOS Styrolution

CONTENTS

 

Interpretation

1. (1) In this Regulation,

“back-up measurement method” includes the use of air monitors and other methods of measuring the concentration of benzene in the air, even if the analysis of the air sample is performed at a different location from where the sample was taken, such as at a laboratory; (“méthode secondaire de mesure”)

“BTEX” means benzene, toluene, ethylbenzene and xylene; (“BTEX”)

“component” means an apparatus that is part of an industrial process and includes a compressor, a pump, a valve, a pressure relief device, a sample point, an instrumentation system, an agitator and a connector; (“composant”)

“detector”, means, in respect of an open path monitoring system, a device that sends out a beam of light and detects the presence of a gas along the path of the beam and includes an emitter and a receiver; (“détecteur”)

“fixed-point monitor” means an air monitor in which an air sampler and analyzer are connected inside a single unit; (“appareil de surveillance fixe”)

“INEOS site”, means the property on which the INEOS Styrolution facility is located; (“site INEOS”)

“INEOS Styrolution facility” means the petrochemical facility located in the City of Sarnia that, on April 24, 2024, was owned by INEOS Styrolution Canada Ltd., consisting of the Styrene I facility and the Styrene II facility; (“installation INEOS Styrolution”)

“multi-point monitor” means an air monitor in which an analyzer is connected to at least two air samplers located at different points; (“appareil de surveillance multipoints”)

“Operations Manual for Air Quality Monitoring in Ontario” means the document titled “Operations Manual for Air Quality Monitoring in Ontario” published by the Government of Ontario, dated May 14, 2019, as amended from time to time, and available on a website of the Government of Ontario; (“Manuel d’instructions sur la surveillance de la qualité de l’air en Ontario”)

“Petrochemical Industry Standard” means the “Petrochemical – Industry Standard” as set out in the Technical Standards publication, within the meaning of subsection 1 (1) of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act; (“norme sectorielle de l’industrie pétrochimique”)

“Styrene I facility” means the hydrocarbon storage facility located at 1367 Vidal Street South in the City of Sarnia; (“installation Styrene I”)

“Styrene II facility” means the production plant and hydrocarbon storage facility located at 872 Tashmoo Avenue in the City of Sarnia; (“installation Styrene II”)

“Styrene II site” means the property on which the Styrene II facility is located. (“site Styrene II”)

(2) In this Regulation, a reference to an “accepted monitoring plan” means the most recent plan in respect of which the Director has given a written notice under subsection 6 (1), (5), (7), or (8).

(3) In this Regulation, “point of impingement” has the same meaning as in section 2 of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act but also includes any point on or near the property boundary of the INEOS site at which an air sample is taken even if the point is located on the same property as the source of contaminant.

Benzene exceedances

2. (1) A person shall not discharge or cause or permit the discharge of benzene into the air from the INEOS Styrolution facility if the discharge results in the concentration of benzene at a point of impingement exceeding,

(a)  90 micrograms per cubic metre averaged over any one-hour period;

(b)  30 micrograms per cubic metre averaged over any 24-hour period;

(c)  14 micrograms per cubic metre averaged over any two-week period; or

(d)  4.5 micrograms per cubic metre averaged over any 365-day period.

(2) If section 20 of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act applies in respect of the INEOS Styrolution facility, the concentration set out in clause (1) (d) of this section is deemed to be 0.45 micrograms per cubic metre averaged over any 365-day period.

(3) For greater certainty, subsection (1) may apply in respect of measurements taken by a monitor that is not mentioned in this Regulation.

Notification re exceedance

3. (1) A person who discharges or causes or permits the discharge of benzene into the air from the INEOS Styrolution facility shall immediately notify the persons set out in subsection (2) in writing if discharges of benzene may result in a contravention of subsection 2 (1) and the notification shall include the following information:

1.  The date and time that the averaging period in respect of the contravention began and ended.

2.  An indication of which clause of subsection 2 (1) is contravened.

3.  The location of the point of impingement.

4.  The concentration of BTEX and styrene at the point of impingement over the relevant averaging period of the contravention, if the measurement giving rise to the notification was taken by,

i.  a fenceline monitoring system in accordance with the accepted monitoring plan, or

ii.  a back-up measurement method in accordance with the accepted monitoring plan that is capable of measuring the concentration of BTEX and styrene.

5.  If paragraph 4 does not apply, the concentration of benzene at the point of impingement over the relevant averaging period of the contravention.

6.  In respect of a contravention of clause 2 (1) (a), (b) or (c), a description of,

i.  the operating conditions at the INEOS Styrolution facility during the relevant averaging period and the preceding 24-hour period, and

ii.  the meteorological conditions representative of the meteorological conditions at the INEOS Styrolution facility during the relevant averaging period of the contravention, including wind direction and wind speed.

(2) The following are the persons requiring notification under subsection (1):

1.  The District Manager of the Ministry’s Sarnia District Office.

2.  The Chief of the Aamjiwnaang First Nation, or another person designated in writing by the Chief for the purposes of this section and section 4.

3.  A provincial officer at the Ministry’s Spills Action Centre.

(3) If it is determined that any of the measurements upon which a notification under subsection (1) was based are invalid, the person mentioned in subsection (1) shall notify the persons mentioned in subsection (2) in writing within seven days after the determination is made.

(4) A notification under subsection (3) shall include the following information:

1.  A description of the validation process.

2.  The results of the validation process.

3.  An explanation of why the measurements that originally indicated an exceedance are invalid.

4.  An identification of steps that will be taken to prevent invalid measurements in the future.

(5) If a person contravenes clause 2 (1) (a) more than once in a one-hour period or clause 2 (1) (b) more than once in a 24-hour period, the person may, instead of complying with subsection (1) of this section, notify the persons set out in subsection (2) in writing immediately after the end of the period of the number of contraventions that occurred during the period.

Corrective actions

4. (1) A person who notifies under subsection 3 (1) shall, immediately after notification is given, investigate the cause of the benzene discharge and shall implement measures to reduce the discharge as soon as it is possible to do so from a technical perspective.

(2) Within 14 days after giving notice under subsection 3 (1), the person mentioned in that subsection shall submit to the persons set out in subsection 3 (2) a report that includes the following information:

1.  An identification and detailed analysis of the suspected cause of the contravention.

2.  An identification of the measures that have been or will be implemented to correct the cause of the contravention and prevent or reduce the risk of a similar discharge happening again, including,

i.  if any of the measures have already been implemented, the implementation dates,

ii.  the expected implementation dates of measures that will be implemented in the future, and

iii.  based on the analysis mentioned in paragraph 1, an explanation of why the identified measures will be effective in correcting the cause of the contravention and preventing or reducing the risk of a similar discharge happening again.

(3) The owner and operator of the INEOS Styrolution facility shall ensure that the measures identified under subparagraph 2 ii of subsection (2) are implemented by the dates identified under that subparagraph.

(4) Each month, until all the measures identified under subparagraph 2 ii of subsection (2) are implemented, the person who submitted the report under subsection (2) shall update the information in the report and shall submit the updated report to the persons set out in subsection 3 (2).

Monitoring plan, contents

5. (1) No later than 12 months after the day this section comes into force, the owner and operator of the INEOS Styrolution facility shall submit a plan to the Director that contains the following requirements:

1.  A requirement to install and operate a fenceline monitoring system that,

i.  is comprised of fixed-point monitors, multi-point monitors or a combination of both types of monitors,

ii.  uses gas chromatography or mass spectroscopy to measure the concentration of BTEX and styrene in the air, and

iii.  takes measurements of BTEX and styrene in the air at least every 10 minutes at each air sampler in the system.

2.  A requirement to install and operate an open path monitoring system that is comprised of open path gas detectors that use ultraviolet differential optical absorption spectroscopy technology to measure the concentration of BTEX and styrene in the air at least every 10 minutes at each detector in the system.

3.  A requirement to install a leak detection monitoring system that,

i.  is comprised of one or more multi-point monitors that uses gas chromatography or mass spectroscopy to measure the concentration of a selected contaminant in the air at least every 10 minutes at each air sampler in the system, or

ii.  uses leak detection technology approved for use by the United States Environmental Protection Agency.

4.  A requirement to operate the leak detection monitoring system to identify gaseous leaks from specified components and, if identified, repair or reduce the leaks.

5.  A requirement to have one or more back-up measurement methods that are capable of accurately measuring the concentration of benzene in the air at least every 24 hours.

6.  During any period when a monitor mentioned in paragraph 1 fails to accurately measure the concentration of benzene in the air for 24 hours or more,

i.  a requirement to use a back-up measurement method at the location of the monitor during the period to measure the concentration of benzene in the air at least every 24 hours, and

ii.  if the back-up measurement method is capable of measuring the concentration of toluene, ethylbenzene, xylene or styrene, a requirement to use a back-up measurement method at the location of the monitor during the period to measure the concentration of the measurable parameters at least every 24 hours.

7.  A requirement to transmit, analyze and store the measurements taken by the monitoring systems mentioned in paragraphs 1, 2 and 3 in a data storage and management system that is integrated into the facility’s operations.

8.  A requirement to store the measurements taken by the back-up measurement methods in accordance with paragraph 6 in the data storage and management system mentioned in paragraph 7.

9.  A requirement to perform the following calculations at the following frequencies using measurements taken by the monitoring systems mentioned in paragraphs 1 and 2 and, as applicable, using measurements taken by the back-up measurement methods in accordance with paragraph 6:

i.  At least once every hour, calculations to determine the concentration of BTEX and styrene averaged over the previous one-hour period.

ii.  At least once every hour, calculations to determine the concentration of BTEX and styrene averaged over the previous 24-hour period.

iii.  At least once every day, calculations to determine the concentration of BTEX and styrene averaged over the previous 365-day averaging period.

10.  A requirement to post the following information in respect of the calculations mentioned in paragraph 9 on a publicly accessible website within 30 minutes after the end of the period over which the calculated concentration is averaged or within such shorter time period as will ensure the public is made aware of the concentration in a timely manner:

i.  The result of the calculation.

ii.  The location of the measurements underlying the calculation.

iii.  The date and time that the averaging period for the calculation began and ended.

11.  A requirement to validate the measurements taken by the monitoring systems mentioned in paragraphs 1, 2 and 3 and measurements taken by the back-up measurement methods in accordance with paragraph 6.

12.  A requirement to calibrate and maintain the monitoring systems mentioned in paragraphs 1, 2 and 3 and, as applicable, the back-up measurement methods mentioned in paragraph 5.

13.  A requirement to periodically evaluate the performance of the monitoring systems mentioned in paragraphs 1, 2 and 3.

14.  A requirement to collect meteorological data that is representative of the meteorological conditions at the INEOS Styrolution facility, including wind direction and wind speed, at least every hour and to store the meteorological data in the data storage and management system mentioned in paragraph 7.

(2) No later than six months after the day this section comes into force, the owner and operator of the INEOS Styrolution facility shall submit a draft plan to the Director that contains,

(a)  the requirements mentioned in paragraphs 2, 7, 9 to 14 of subsection (1) as the requirements relate to the open path monitoring system; and

(b)  the information set out in paragraphs 1 to 4, 6, 9 to 11, and 24 to 31 of Schedule 1 as the information relates to the open path monitoring system.

Monitoring plan, acceptance by Director

6. (1) The Director shall give written notice to the owner and operator of the INEOS Styrolution facility that the plan submitted under subsection 5 (1) is accepted if the Director is satisfied that the following criteria are met:

1.  The plan contains the requirements set out in subsection 5 (1) and the information set out in Schedule 1.

2.  The fenceline monitoring system will accurately measure the concentration of BTEX and styrene at a sufficient number of points of impingement at or near the property boundary of the INEOS site to reflect the discharges of benzene from the INEOS Styrolution facility.

3.  The open path monitoring system will accurately measure the concentration of BTEX and styrene along the southern property boundary of the Styrene II site to reflect the discharges of benzene from the Styrene II facility.

4.  The leak detection monitoring system will accurately measure the concentration or other level of the selected contaminant in the air to identify gaseous leaks from specified components and the explanations for selecting the contaminant, for choosing the concentration or other level of the selected contaminant and for not specifying certain components are reasonable.

5.  The steps set out in the plan are adequate for identifying which component or other source is leaking and for repairing the leak and are in accordance with any applicable requirements set out in the Petrochemical Industry Standard.

6.  During any period when a monitor in the fenceline monitoring system fails to accurately measure the concentration of benzene in the air for 24 hours or more, the back-up measurement methods will accurately measure the concentration of benzene, or if applicable, BTEX and styrene, at least every 24 hours at the location of the monitor.

7.  The fenceline monitoring system, open path monitoring system and back-up measurement methods meet the applicable requirements set out in the Operations Manual for Air Quality Monitoring in Ontario.

8.  The specifications for each monitoring system and back-up measurement method described in the plan demonstrate that measurements will be taken in a representative and reliable manner.

9.  The calculations set out in the plan are in accordance with any applicable calculation methods set out in the Operations Manual for Air Quality Monitoring in Ontario and are adequate to determine the average concentration of benzene in the air for the purposes of assessing compliance with subsection 2 (1).

10.  The calculations set out in the plan will be performed at a frequency and posted on a publicly accessible website within a time period following the calculation that ensures the public is made aware of the calculated concentrations of BTEX and styrene in a timely manner.

11.  The meteorological data collected using the methodology described in the plan will reflect the meteorological conditions at the INEOS Styrolution facility.

12.  Information required under this Regulation to be posted on a publicly accessible website will be posted in a manner that is clear and understandable to the public.

13.  The plan, if implemented, will accurately measure the concentration of BTEX and styrene in the air over one-hour, 24-hour and 365-day averaging periods.

14.  The plan will be implemented and each of the monitoring systems will be operational as expeditiously as possible.

(2) As part of being satisfied that a plan meets the criteria described in paragraphs 2, 3, 4 and 6 of subsection (1), the Director shall have regard to,

(a)  the location and nature of the sources of benzene at the INEOS Styrolution facility;

(b)  the local meteorological conditions at the INEOS Styrolution facility; and

(c)  the number and location of analyzers, air samplers, sensors, detectors and paths of gas detection, as applicable, in the monitoring system or back-up measurement method.

(3) If the Director does not give notice under subsection (1), the Director shall give written notice to the owner and operator of the INEOS Styrolution facility setting out,

(a)  for each criteria set out in subsection (1) that is not satisfied, the reason it is not satisfied; and

(b)  the date by which the owner and operator of the INEOS Styrolution facility must submit a revised plan to the Director.

(4) No later than the date specified under clause (3) (b), the owner and operator of the INEOS Styrolution facility shall submit a revised plan to the Director.

(5) The Director shall give written notice to the owner and operator of the INEOS Styrolution facility that a revised plan is accepted if the Director is satisfied that the revised plan meets the criteria set out in subsection (1).

(6) If a revised plan is not submitted by the date mentioned in clause (3) (b), or if the Director does not give notice under subsection (5), the Director may amend the plan so that, in the opinion of the Director, the amended plan satisfies the criteria set out in subsection (1).

(7) If a plan is amended under subsection (6), the Director shall give a copy of the amended plan to the owner and operator of the INEOS Styrolution facility and shall provide them with written notice that the amended plan is deemed to be the accepted monitoring plan in respect of the INEOS Styrolution facility.

(8) If any change is proposed in respect of an accepted monitoring plan, the owner and operator of the INEOS Styrolution facility shall submit an updated plan reflecting the proposed change to the Director and shall not make the change before receiving written notice that the Director is satisfied that the updated plan meets the criteria set out in subsection (1).

(9) Notices given by the Director under this section shall set out the date on which the notice is given.

Copies to Aamjiwnaang First Nation

7. (1) The owner and operator of the INEOS Styrolution facility shall give a copy of the following plans to the Chief of the Aamjiwnaang First Nation, or to another person designated in writing by the Chief for the purposes of this section, at the same time as the plan is submitted to the Director:

1.  A draft plan submitted under subsection 5 (2).

2.  A plan submitted under subsection 5 (1).

3.  A revised plan submitted under subsection 6 (4).

4.  An updated plan submitted under subsection 6 (8).

(2) The Director shall give a copy of any comments made on a draft plan mentioned in subsection 5 (2), a copy of any notice given under section 6 and a copy of any amended plan mentioned in subsection 6 (6) to the Chief of the Aamjiwnaang First Nation, or to another person designated in writing by the Chief for the purposes of this section, at the same time as the comments, notice or amended plan is given to the owner and operator of the INEOS Styrolution facility.

Annual review of monitoring plan

8. (1) The owner and operator of the INEOS Styrolution facility shall conduct an annual review of the accepted monitoring plan to confirm whether, in their opinion, the plan continues to meet the criteria set out in subsection 6 (1).

(2) No later than 12 months after the date set out in the first notice given under section 6 indicating that a plan is accepted, and every 12 months after that, the owner and operator of the INEOS Styrolution facility shall submit a report summarizing the results of the annual review to the Director and to the Chief of the Aamjiwnaang First Nation, or to another person designated in writing by the Chief for the purposes of this section.

(3) The report shall include the following information:

1.  An indication of whether the review determines that the accepted monitoring plan continues to meet the criteria set out in subsection 6 (1).

2.  If the review determines that the accepted monitoring plan no longer meets the criteria set out in subsection 6 (1),

i.  an indication of which criteria are no longer met, and

ii.  proposed changes to the plan so that the updated plan would meet the criteria.

3.  An explanation of how the proposed changes mentioned in subparagraph 2 ii will result in the updated plan meeting the criteria set out in subsection 6 (1).

(4) If a report is required to include proposed changes under paragraph 2 of subsection (3), the owner and operator of the INEOS Styrolution facility shall submit an updated plan containing the proposed changes under subsection 6 (8) at the same time the report is submitted under subsection (2) of this section.

Transitional monitors

9. (1) The Director may, by written notice, require the owner or operator of the INEOS Styrolution facility to,

(a)  install, operate and maintain one or more monitors that use gas chromatography to measure the concentration of benzene in the air at a point of impingement at or near the property boundary of the INEOS site;

(b)  post the measurements and any related calculations performed under section 13 on a publicly accessible website in accordance with any requirements set out in the notice;

(c)  collect meteorological data, including wind direction and wind speed, that is reflective of the meteorological conditions at the INEOS Styrolution facility; and

(d)  post the meteorological data on a publicly accessible website.

(2) Without limiting the generality of subsection (1), a notice may,

(a)  require that a monitor be installed in a specified location;

(b)  require that a previously installed monitor be moved to a specified location;

(c)  require the validation and storage of measurements taken by a monitor;

(d)  require that a monitor be operated or maintained in a specified manner; and

(e)  specify a date by which a requirement specified in the notice shall be met.

(3) Before the Director gives a person a notice under subsection (1), the Director shall give the person a draft of the notice and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

(4) The Director shall give a copy of the draft notice mentioned under subsection (3) and the notice mentioned under subsection (1) to the Chief of the Aamjiwnaang First Nation, or to another person designated in writing by the Chief for the purposes of this section, at the same time that the draft notice or notice is given to the owner or operator of the INEOS Styrolution facility.

(5) The owner and operator of the INEOS Styrolution facility shall comply with each requirement set out in a notice given under subsection (1) by the relevant date specified in the notice.

(6) Despite subsection (1), no notice shall be given under that subsection on or after the later of,

(a)  the date set out in the accepted monitoring plan as the date that the fenceline monitoring system will begin operating; and

(b)  in the case of a contravention of clause10 (1) (a), the date the fenceline monitoring system begins operating.

Benzene monitoring

10. (1) The owner and operator of the INEOS Styrolution facility shall ensure that,

(a)  the fenceline monitoring system begins operating no later than the date set out in the accepted monitoring plan for the system;

(b)  the open path monitoring system begins operating no later than the date set out in the accepted monitoring plan for the system;

(c)  the leak detection monitoring system begins operating no later than the date set out in the accepted monitoring plan for the system; and

(d)  the back-up measurement  methods are available to be used no later than the date set out in the accepted monitoring plan for the methods.

(2) No later than the date set out in Column 1 of the Table to this subsection, the owner and operator of the INEOS Styrolution facility shall comply with the requirements set out in Column 2 opposite the date.

 

Item	Column 1 Compliance Date	Column 2 Requirements set out in the accepted monitoring plan
1.	The date set out in the accepted monitoring plan as the date that the fenceline monitoring system will begin operating.	1. The requirements set out in the accepted monitoring plan as described in paragraphs 1, 5, 6, 8 and 14 of subsection 5 (1). 2. The requirements set out in the accepted monitoring plan as described in paragraphs 7 and 9 to 13 of subsection 5 (1) as the requirements relate to the fenceline monitoring system.
2.	The date set out in the accepted monitoring plan as the date that the open path monitoring system will begin operating.	1. The requirements set out in the accepted monitoring plan as described in paragraphs 2 and 14 of subsection 5 (1). 2. The requirements set out in the accepted monitoring plan as described in paragraphs 7 and 9 to 13 of subsection 5 (1) as the requirements relate to the open path monitoring system.
3.	The date set out in the accepted monitoring plan as the date that the leak detection monitoring system will begin operating.	1. The requirement set out in the accepted monitoring plan as described in paragraph 3, 4 and 14 of subsection 5 (1). 2. The requirements set out in the accepted monitoring plan as described in paragraphs 7 and 11 to 13 of subsection 5 (1) as the requirements relate to the leak detection monitoring system.

 

(3) No later than the full implementation date set out in the accepted monitoring plan, the owner and operator of the INEOS Styrolution facility shall comply with the requirements set out in the plan.

(4) The owner and operator of the INEOS Styrolution facility shall ensure that, of all the measurements that are required to be taken by a monitor in the fenceline monitoring system or a detector in the open path monitoring system in any 90-day period, at least 90 per cent of the measurements that the monitor or detector is required to take are valid.

(5) For the purposes of subsection (4), a required measurement that is not taken by a monitor or detector is considered an invalid measurement.

(6) For greater certainty, the owner and operator of the INEOS Styrolution facility shall also comply with any other requirement to measure the concentration of benzene in the air, including any requirement set out in,

(a)  a notice given under subsection 9 (1);

(b)  the Petrochemical Industry Standard in accordance with subsection 42 (5) of Ontario Regulation 419/05 (Air Pollution — Local Air Quality) made under the Act;

(c)  an order under the Act issued in respect of the INEOS Styrolution facility; and

(d)  an environmental compliance approval issued in respect of the INEOS Styrolution facility.

(7) During any period when a monitor that is required to be operated under a requirement described in clause (6) (a), (c) or (d) fails to accurately measure the concentration of benzene in the air for 24 hours or more, the owner and operator of the INEOS Styrolution facility shall use a back-up measurement method during the period to accurately measure the concentration of benzene in the air at least every 24 hours at the location of the monitor.

(8) The owner and operator of the INEOS Styrolution facility shall ensure that measurements taken under subsection (7) are validated and that the back-up measurement methods are calibrated and maintained.

(9) If any requirement to measure the concentration of benzene in the air under this Regulation or a requirement described in subsection (6) involves laboratory analysis, the analysis shall be performed by a laboratory that has been accredited in accordance with the International Standard ISO/IEC 17025 – General Requirement for the Competence of Testing and Calibration Laboratories, dated May 5, 2005, as amended from time to time.

Notification of monitoring failures

11. (1) The owner and operator of the INEOS Styrolution facility shall notify the following persons immediately if any of the monitors in the fenceline monitoring system or detectors in the open path monitoring system set out in the accepted monitoring plan fail to accurately measure the concentration of benzene in the air for a period of 24 hours or more:

1.  The District Manager of the Ministry’s Sarnia District Office.

2.  The Chief of the Aamjiwnaang First Nation, or another person designated in writing by the Chief for the purposes of this section.

3.  A provincial officer.

(2) If one or more monitors are required to be operated under a requirement described in clause 10 (6) (a), (c) or (d), the owner and operator of the INEOS Styrolution facility shall notify the persons listed in subsection (1) of this section immediately if any of the monitors fail to accurately measure the concentration of benzene in the air for a period of 24 hours or more.

(3) A notification under subsection (1) or (2) shall include the following information:

1.  An identification of which monitor or detector failed.

2.  The date and time that failure occurred.

3.  The reasons that the monitor or detector failed to accurately measure the concentration of benzene in the air.

4.  Confirmation that a back-up measurement method will be used in accordance with the accepted monitoring plan or subsection 10 (7), as applicable.

5.  The actions that will be taken to fix the monitor or detector and methods to assess the effectiveness of each action.

6.  The anticipated date that the monitor or detector will resume accurately measuring the concentration of benzene in the air.

(4) The owner and operator of the INEOS Styrolution facility shall notify the persons listed in subsection (1) as soon as possible after the monitor or detector that was the subject of a notice under subsection (1) or (2) resumes accurately measuring the concentration of benzene in the air.

Notification of leak detection

12. (1) The owner and operator of the INEOS Styrolution facility shall notify a provincial officer and the District Manager of the Ministry’s Sarnia District Office as soon as possible if the leak detection monitoring system measures a concentration or other level of a selected contaminant that exceeds the concentration or other level set out in the accepted monitoring plan as indicating that a specified component may be leaking.

(2) A notice given under subsection (1) shall set out the date by which the steps set out in the accepted monitoring plan will be taken to identify which particular component or source is leaking and to repair or reduce the leak.

(3) The owner and operator of the INEOS Styrolution facility shall notify, in writing, a provincial officer and the District Manager of the Ministry’s Sarnia District Office as soon as  possible if the leak detection monitoring system fails to operate in accordance with the accepted monitoring plan.

Benzene calculations, transitional

13. (1) The owner and operator of the INEOS Styrolution facility shall ensure that the following calculations are performed:

1.  Starting on the day that is 14 days after the day this section comes into force, at least once every hour, the measurements required to be taken under a requirement described in clauses 10 (6) (a), (c) and (d) shall be used to calculate the concentration of benzene averaged over the previous one-hour period.

2.  Starting on the day that is 60 days after the day this section comes into force, at least once every hour, the measurements required to be taken under a requirement described in clauses 10 (6) (a), (c) and (d) shall be used to calculate the concentration of benzene averaged over the previous 24-hour period.

3.  Starting on the day that is 60 days after the day this section comes into force, at least once every day, the measurements required to be taken under a requirement described in clauses 10 (6) (a), (c) and (d) shall be used to calculate the concentration of benzene averaged over the previous 365-day period.

4.  Starting on the day that is 14 days after the day this section comes into force, at least once every two weeks, the measurements required to be taken under a requirement described in clause 10 (6) (b) shall be used to calculate the concentration of benzene averaged over the previous 365-day period by averaging the benzene concentration from the 26 most recent two-week measurement periods.

(2) The calculations required under subsection (1) shall be performed in accordance with any applicable calculation methods set out in the Operations Manual for Air Quality Monitoring in Ontario.

(3) Paragraphs 1 to 3 of subsection (1) do not apply on or after the later of,

(a)  the date set out in the accepted monitoring plan as the date that the fenceline monitoring system will begin operating; and

(b)  in the case of a contravention of clause 10 (1) (a), the date the fenceline monitoring system begins operating.

Public reporting

14. (1) The owner and operator of the INEOS Styrolution facility shall ensure that the information listed in subsection (2) in respect of the following measurements is posted on a publicly accessible website as soon as possible after the measurement is taken:

1.  Measurements of BTEX and styrene taken by the fenceline monitoring system and open path monitoring system set out in the accepted monitoring plan.

2.  Measurements of benzene or, if applicable, measurements of BTEX and styrene taken by back-up measurement methods set out in the accepted monitoring plan.

3.  Measurements of benzene taken by back-up measurement methods required under subsection 10 (7).

(2) The following is the information required to be posted under subsection (1):

1.  The value of the measurement.

2.  The location of the measurement.

3.  The date and time at which the measurement was taken.

(3) The measurements mentioned in subsection (1) may be unvalidated.

(4) The owner and operator of the INEOS Styrolution facility shall ensure that the following information is highlighted on the website if it indicates a possible contravention of subsection 2 (1):

1.  Measurements posted under paragraph 3 of subsection (1).

2.  Calculations posted in accordance with the accepted monitoring plan.

(5) If any of the measurements mentioned in subsection (1) or the calculations mentioned in paragraph 2 of subsection (4) are determined to be invalid, the owner and operator of the INEOS Styrolution facility shall ensure that those measurements or calculations are highlighted on the website in a manner that indicates the invalidity.

(6) No later than one month after this subsection comes into force, the owner and operator of the INEOS Styrolution facility shall ensure that one or more maps showing the following measurement locations are posted on a publicly accessible website:

1.  Each air sampler and analyzer in the fenceline monitoring system set out in the accepted monitoring plan, if applicable.

2.  Each detector and analyzer in the open path monitoring system set out in the accepted monitoring plan, if applicable.

3.  Each location that the concentration of benzene in the air is measured in accordance with a requirement described in subsection 10 (6).

(7) If there is a change to any of the information required to be shown on the maps mentioned in subsection (6), the owner and operator of the INEOS Styrolution facility shall ensure that an updated map is posted on a publicly accessible website as soon as possible after the change is made.

(8) The owner and operator of the INEOS Styrolution facility shall ensure that the meteorological data required to be collected in accordance with the accepted monitoring plan is posted on a publicly accessible website as soon as possible after the data is collected.

(9) If notification is given under subsection 3 (1), the owner and operator of the INEOS Styrolution facility shall ensure that,

(a)  a summary of the information set out in subsection 4 (2) is posted on a publicly accessible website within 14 days after the notification is given; and

(b)  a summary of each monthly update required under subsection 4 (4) is posted on a publicly accessible website as soon as possible after the update is submitted.

(10) If notification is given under subsection 3 (3), the owner and operator of the INEOS Styrolution facility shall ensure that the information set out in paragraphs 2 and 3 of subsection 3 (4) is posted on a publicly accessible website as soon as possible after the notification is given.

(11) If notification is given under subsection 11 (1) or (2), the owner and operator of the INEOS Styrolution facility shall ensure that the information set out in paragraphs 1 and 2 of subsection 11 (3) is posted on a publicly accessible website as soon as possible after the notification is given.

(12) In addition to the requirement set out in subsection 66 (2) of the Petrochemical Industry Standard, the owner and operator of the INEOS Styrolution facility shall ensure that no later than 30 days after the concentration of benzene is measured over a two-week period by a monitor mentioned in subsection 60 (2) of the Petrochemical Industry Standard, the measurement and the related calculation mentioned in paragraph 4 of subsection 13 (1) of this Regulation are posted on a publicly accessible website.

(13) If a measurement or calculation mentioned in subsection (12) indicates that a contravention of subsection 2 (1) may have occurred, the owner and operator of the INEOS Styrolution facility shall ensure that the measurement or calculation is highlighted on the website in a manner that indicates a possible contravention.

(14) Any information required under this Regulation to be posted on a publicly accessible website shall not be removed from the website until at least seven years after the information was posted.

Record keeping

15. The owner and operator of the INEOS Styrolution facility shall maintain a record of the following information:

1.  All records related to an annual review of the accepted monitoring plan required under section 8.

2.  The meteorological data required to be collected in accordance with the accepted monitoring plan and under any notice given under subsection 9 (1).

3.  The value, date and time of each measurement taken in accordance with the accepted monitoring plan and of each measurement taken under a requirement described in clauses 10 (6) (a), (c) and (d).

4.  Each calculation performed in accordance with the accepted monitoring plan and each calculation required under section 13.

5.  The steps taken, and the date each step was taken, when the leak detection monitoring system indicated that a component may be leaking and the results of the steps taken, including an identification of the leaking component or other source of the leak and the dates any repairs were made.

6.  Any other record related to requirements set out in the accepted monitoring plan, including maintenance records, calibration records and validation records.

Records retention

16. (1) The owner and operator of the INEOS Styrolution facility shall retain a copy of the following at the facility for at least seven years:

1.  Each plan, report and record required under this Regulation.

2.  Each notice received under this Regulation.

(2) The owner and operator of the INEOS Styrolution facility shall ensure that a copy of a plan, report, record or notice retained under subsection (1) is given, without charge, to any person within 15 days after the person requests it.

Conflict

17. (1) If a provision of this Regulation conflicts with a provision of any other regulation, approval or order that applies in respect of the INEOS Styrolution facility, the provision that provides the greater protection to the natural environment and human health prevails, to the extent of the conflict.

(2) For greater certainty, other than as provided in subsection (1), nothing in this Regulation shall be read as affecting any requirements set out in an instrument or other regulation under the Act that applies in respect of the INEOS Styrolution facility.

Commencement

18. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Sections 2, 3 and 4 and subsections 10 (9) and 14 (9), (10) and (12) come into force on the day that is 14 days after the day this Regulation is filed.

(3) Subsection 14 (13) comes into force on the day that is 60 days after the day this Regulation is filed.

(4) Subsections 10 (7) and (8) and 14 (1) to (5) come into force on the day that is 90 days after the day this Regulation is filed.

Schedule 1
Information in monitoring plan

General

1.  A description of the INEOS Styrolution facility, including the location and height of each source of benzene at the facility.

2.  A description of the area surrounding the INEOS site.

3.  The methodology that will be used to collect meteorological data and post it on a publicly accessible website.

4.  The following implementation dates:

i.  The date by which the fenceline monitoring system will begin operating.

ii.  The date by which the open path monitoring system will begin operating.

iii.  The date by which the leak detection monitoring system will begin operating.

iv.  The date by which the back-up measurement methods will be available to be used, which shall not be later than the date set out under subparagraph i.

v.  The date by which the plan will be fully implemented, which shall not be later than the latest date set out under subparagraphs i to iv.

Fenceline Monitoring System

5.  A map showing the number and locations of analyzers and air samplers in the fenceline monitoring system.

6.  A description of the locations and nature of the sources of benzene at the INEOS Styrolution facility and the local meteorological conditions at the facility.

7.  An explanation of how, having regard to the information mentioned in paragraph 6, the configuration mentioned in paragraph 5 will accurately measure the concentration of BTEX and styrene at a sufficient number of points of impingement at or near the property boundary of the INEOS site to reflect the discharges of benzene from the INEOS Styrolution facility.

8.  For each monitor in the fenceline monitoring system,

i.  an indication of whether it is a fixed-point monitor or a multi-point monitor,

ii.  a description of the monitor, including its make and model number,

iii.  if the monitor is a multi-point monitor, a description of each analyzer and each air sampler, including its make and model number,

iv.  an indication of whether the monitor uses gas chromatography or mass spectroscopy,

v.  an indication of how often an analyzer will determine the concentration of BTEX and styrene in the air at each air sampler, and

vi.  the sampling and analytical protocols to be used with the monitor.

Open Path Monitoring System

9.  A map showing the number of detectors, the location of each detector and the paths of gas detection in the open path monitoring system.

10.  An explanation of how, having regard to the information mentioned in paragraph 6, the configuration mentioned in paragraph 9 will accurately measure the concentration of BTEX and styrene along the southern property boundary of the Styrene II site to reflect the discharges of benzene from the Styrene II facility.

11.  For each detector in the open path monitoring system,

i.  a description of the detector, including its make and model number,

ii.  confirmation that the detector uses ultraviolet differential optical absorption spectroscopy technology,

iii.  an indication of how often the detector will determine the concentration of BTEX and styrene in the air, and

iv.  the sampling and analytical protocols to be used with the detector.

Leak Detection Monitoring System

12.  A map showing the number, locations and elevations of analyzers, air samplers and sensors in the leak detection monitoring system.

13.  A list of the components at the INEOS Styrolution facility that are required to be recorded under subsection 38 (1) of the Petrochemical Industry Standard and, for each component, the information required under subsection 38 (3) of the Petrochemical Industry Standard.

14.  The location and elevation of each component mentioned in paragraph 13.

15.  A list of which components mentioned in paragraph 13 are specified to be assessed by the leak detection monitoring system and, for any component that is not specified, the rationale for not specifying the component.

16.  An explanation of how, having regard to the information mentioned in paragraph 6, the configuration mentioned in paragraph 12 will accurately measure the concentration of the selected contaminant mentioned in paragraph 18 in the air to identify gaseous leaks from specified components.

17.  For the leak detection monitoring system,

i.  a description of each analyzer, air sampler and sensor, including its make and model number,

ii.  an indication of whether the system uses gas chromatography, mass spectroscopy or, if the system uses a different technology, an indication of that technology and evidence that it has been approved for use by the United States Environmental Protection Agency in respect of leak detection,

iii.  an indication of how often the system will determine the concentration of the selected contaminant in the air at each air sampler or sensor in the system,

iv.  the sampling and analytical protocols to be used with the system, and

v.  procedures for assessing whether the system is failing to identify leaking components.

18.  The contaminant selected for leak detection purposes, the concentration or other level of the selected contaminant in the air that, if exceeded, indicates that a component may be leaking and a rationale for selecting the contaminant and the concentration or other level.

19.  If the leak detection monitoring system measures a concentration or other level that exceeds the concentration or other level specified under paragraph 18,

i.  the steps that will be taken to identify which particular component is leaking,

ii.  if no component is leaking, the steps that will be taken to determine the source of the leak, such as a ruptured pipe, or if there is no leak, the steps that will be taken to determine the source of the discharge,

iii.  the steps that will be taken to repair the leak, or, if it is unsafe to repair the leak or if the component or other source is inaccessible, steps that will be taken to reduce the leak,

iv.  who is responsible for taking each step,

v.  the equipment to be used in each step,

vi.  when each step is to be completed, and

vii.  the records to be made in respect of the steps taken.

Back-up Measurement Methods

20.  A map showing the number and locations of the air samplers that will be used if one or more of the monitors in the fenceline monitoring system fails to accurately measure the concentration of benzene in the air for a period of 24 hours or more.

21.  A description of the steps that will be taken to ensure the continuity of benzene measurements if one or more of the monitors in the fenceline monitoring system fails to accurately measure the concentration of benzene in the air for a period of 24 hours or more.

22.  Having regard to the information mentioned in paragraph 6, an explanation of how, during any period when a monitor in the fenceline monitoring system fails to accurately measure the concentration of benzene in the air for a period of 24 hours or more, the configuration mentioned in paragraph 20 will accurately measure the concentration of benzene or, if applicable, BTEX and styrene, in the air at the location of the failed fenceline monitor.

23.  For each back-up measurement method,

i.  a description of the method,

ii.  if the method uses a monitor, a description of the monitor, including its make and model number,

iii.  confirmation that the method is capable of accurately measuring the concentration of benzene in the air over a period of 24 hours or shorter, and

iv.  the sampling and analytical protocols to be used with the method.

Data Quality, Management and Reporting

24.  Specifications, including method detection levels, for the fenceline monitoring system, open path monitoring system, leak detection monitoring system and back-up measurement methods that demonstrate that measurements will be taken in a representative and reliable manner.

25.  A description of the calibration and maintenance procedures for the fenceline monitoring system, the open path monitoring system, the leak detection monitoring system and, as applicable, the back-up measurement methods.

26.  An indication of how and with what frequency the performance of the fenceline monitoring system, the open path monitoring system and the leak detection monitoring system will be evaluated and a description of any quality control processes to be used in respect of those systems or back-up measurement methods.

27.  An explanation of how the measurements taken by the fenceline monitoring system, the open path monitoring system, the leak detection monitoring system and the back-up measurement methods will be stored in a data storage and management system that is integrated into the facility’s operations, and, as applicable, information with respect to how the measurements will be transmitted, analyzed and posted on a publicly accessible website.

28.  A description of the process for validating the measurements taken by the fenceline monitoring system, the open path monitoring system, the leak detection monitoring system and the back-up measurement methods, including how often measurements will be validated and, if applicable, how invalid measurements will be highlighted on a publicly accessible website.

29.  An explanation of the calculations that will be performed using the measurements taken by the fenceline monitoring system, the open path monitoring system and the back-up measurement methods to determine the concentration of BTEX and styrene averaged over one-hour, 24-hour and 365-day periods.

30.  An indication of how frequently the calculations mentioned in paragraph 29 will be performed and how soon after each calculation is performed the resulting concentration will be posted on a publicly accessible website in order to ensure the public is made aware of the concentration in a timely manner.

31.  A description of the publicly accessible website to be used to post information that is required to be posted under this Regulation, including,

i.  a list of the information to be made available on the website,

ii.  an illustration of the format in which the information will appear on the website, and

iii.  a draft design of the website, including a draft sitemap.

 

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