Aamjiwnaang First Nation set pollution levels that would trigger closure of facilities

Aamjiwnaang First Nation has established its own air pollution levels that would trigger a closure of its facilities, an elected councillor at the First Nation said Friday, even as a nearby company blamed for the emissions says its monitors are not showing elevated levels of benzene.

Janelle Nahmabin spoke at a news conference to provide an update on the state of emergency the First Nation declared on April 25.

"Aamjiwnaang has been working towards our own air standards and now we have a level that would trigger a closure of certain Aamjiwnaang facilities in the event of benzene levels exceeding 27 micrograms per cubic metre," Nahmabin said.

"That is our level for closure. Although this is not an acceptable level for us to breathe in, this is the high number which would trigger a closure of the buildings you see here."

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

The First Nation closed its band office and sent employees home on April 16 after people became ill with headaches, nausea and dizziness, all symptoms associated with high levels of benzene.

The First Nation blames the recorded benzene pollution on INEOS, which produces chemicals of plastic and sits directly beside Aamjiwnaang.

On Tuesday INEOS Styrolution said it has five "state of the art" and "official" monitors at its Sarnia site and in the area that are calibrated to standards set by the Ministry of Environment, Conservation and Parks (MECP).

"We have reviewed all data for the period concerned and we can confirm that our monitors recorded no emissions outside our prescribed limits," the company said in a statement.

Petrochemical plants appear on the opposite side of the road, across from the Aamjiwnaang First Nation Resource Centre in southwestern Ontario, where the community has dealt with decades of air pollution. (Craig Chivers/CBC)

Nahmabin said the health-based standard for benzene is 0.45 ug/m3 (micrograms per cubic metre).

"On April 25th, the … air monitor here by the education building showed a benzene reading of 191 ug/m3. To be clear, that level is 424 times higher than the health-based standard for benzene," she said.

The company did not return a request for comment Friday

Environmental compliance approval suspended

Ontario's Ministry of the Environment, Conservation and Parks announced Wednesday it had suspended Ineos Styrolution's ECA.

A spokesperson for the ministry said recent readings at the site in Sarnia continue to be above acceptable levels, despite several previous provincial orders requiring the company to reduce benzene emissions.

"This action will ensure the facility, currently shut down for maintenance, fully addresses the causes and sources of emissions," Gary Wheeler wrote in a statement late Wednesday. 

INEOS has temporarily closed its doors for maintenance and to address a mechanical issue, the company has said.

An Aamjiwnaang daycare playground sits next to INEOS Styrolution, in Sarnia, Ont. (Chris Ensing/CBC)

Wheeler said the ministry will continue to closely monitor the company's progress with meeting the requirements of the provincial orders, as well as actions required by the amended ECA.

"The company will be required to complete these actions and submit a start-up plan to the ministry for review before they can resume their normal operations,"  the statement added.

'Collaboration is paramount': Nahmabin

Nahmabin said Aamjiwnaang leaders have been meeting with many counterparts to ensure additional monitors are in place and that the data received is communicated so that they may better understand the level of  exposure and navigate through.

"Our efforts to protect our community need to encompass all parties such as INEOS and MECP," she said.

According to Nahmabin, the First Nation was not consulted on the numbers allowed by the province.

"That's noticeable with four orders now and benzene still being a serious concern," she said.

Nahmabin said Aamjiwnaang leaders met with INEOS this past week to discuss some of the First Nation's concerns.

"We're hopeful that the conversations continue, progressing towards a safer community with our suggestions implemented," she said.