Contact: Richard Mylott, mylott.richard@epa.gov

DENVER (August 1, 2023) -- Today, the U.S. Environmental Protection Agency (EPA) announced it has issued an order responding to two petitions objecting to the renewal of the Colorado Department of Public Health and Environment’s (CDPHE) Clean Air Act Title V operating permit for Plant 2 at the Suncor refinery in Commerce City, Colorado.  

One petition was filed by Earthjustice on behalf of the Elyria and Swansea Neighborhood Association, Cultivando, Colorado Latino Forum, GreenLatinos, Center for Biological Diversity and Sierra Club. The second petition was filed by 350 Colorado. EPA’s action denies 350 Colorado’s petition and partially grants and partially denies Earthjustice’s petition, requiring CDPHE to resolve EPA’s objections before issuing a revised permit. The action does not invalidate Suncor’s permit or prevent Plant 2 from continuing to operate while CDPHE addresses the order.  

“Improving air quality for the underserved communities affected by harmful air emissions from the Suncor refinery is a shared priority for EPA and CDPHE,” said EPA Regional Administrator KC Becker. “EPA will continue to work with Colorado to secure the refinery’s compliance with laws and regulations and protect the health of nearby residents.”  

In its order, EPA provides specific direction to CDPHE regarding certain aspects of the permit. For example, the order directs CDPHE to evaluate whether additional operational requirements are needed to assure compliance with carbon monoxide and opacity limits at the plant’s fluid catalytic cracking unit. It also directs CDPHE to determine whether previous plant modifications were analyzed properly and, if necessary, to incorporate additional applicable requirements into the permit. As the permitting authority for Suncor, CDPHE has the responsibility to revise the permit and permit record as may be necessary to resolve the issues identified in EPA’s objection. 

EPA detailed its own objections to the proposed Suncor Title V renewal permit submitted by CDPHE in March 2022. EPA also provided CDPHE with comments and recommendations related to environmental justice concerns involving the permit, the community surrounding the Suncor facility and the state’s air permitting program. These recommendations included improvements to public participation, permit records and demonstrations of attainment with air quality standards.   

EPA will continue to work to achieve air quality improvements under the Clean Air Act, including supporting the state as it engages with communities and enhances its air permitting programs. EPA is also supporting community-based air monitoring and state-led efforts to investigate and address noncompliance issues associated with air emissions from the Suncor plants.  

Depending on the nature of the changes CDPHE makes to the permit, the revisions may involve additional public notice and comment. The proposed permit will be sent to EPA for a 45-day review period. If EPA does not object to the revisions during that period, the public will have another 60-day opportunity to petition EPA to object to the revised portions of the permit and permit record.   

Background 

On February 9, 2022, CDPHE submitted the proposed renewal of the Title V operating permit for Plant 2 to EPA. On March 25, 2022, EPA submitted an objection to CDPHE on the permit renewal, stating that its issuance was not in compliance with the Clean Air Act. CDPHE revised the proposed permit in response to EPA’s objection. EPA responded on August 8 that the modifications in the updated submittal from CDPHE were adequate to resolve the specific issues identified in EPA’s objection. The final permit was issued on September 1, 2022.   

The Clean Air Act allows the public to petition EPA to object to air quality operating permits issued by state agencies to large stationary sources of air pollution. The EPA Administrator must grant a petition and object to a permit if a petitioner demonstrates that the permit does not comply with applicable requirements. The public petition period for the Title V permit began on August 9, 2022, and was open until October 11, 2022.  During this period, EPA received the two petitions to object. Today’s action is based on the evaluation of these petitions. 

EPA's order will be posted on the agency's Environmental Justice in Commerce City- North Denver web page in the upcoming days.