Commerce City refinery violated air quality regulations, EPA, CDPHE say

COMMERCE CITY, Colo. — The Environmental Protection Agency and the Colorado Department of Public Health and Environment (CDPHE) have issued a notice to Suncor Energy, alleging that its Commerce City refinery violated air quality regulations.

According to the notice of violation, Suncor allegedly violated the Clean Air Act and the Colorado Air Pollution Prevention and Control Act by illegally emitting hazardous air pollutants, such as benzene.

The Centers for Disease Control and Prevention (CDC) describes benzene as “a chemical that is a colorless or pale yellow liquid at room temperature… has a sweet odor and is highly flammable.” Long-term exposure, meaning exposure lasting a year or more, can cause harmful effects on the bone marrow, as well as a decrease in the number of red blood cells, leading to anemia, according to the CDC. It can also cause excessive bleeding and affect the immune system. The CDC states that long-term exposure to high levels of benzene in the air can cause leukemia.

The notification comes on the heels of a Clean Air Act inspection that was triggered in October 2023. EPA and CDPHE say Suncor violated the following rules:

• Clean Air Act Standards for Benzene Waste and Other Hazardous Air Pollutants
• Clean Air Act Performance Standards and Title V Permitting Rules
• Colorado Air Pollution Prevention and Control Act and Colorado Air Quality Control Commission Regulations
• Suncor Title V Permits Issued by CDPHE Under the Clean Air Act

In a statement, the EPA said it “remains steadfast in its efforts to ensure that the Suncor refinery complies with laws and regulations.”
“EPA remains steadfast in its efforts to ensure that the Suncor refinery complies with laws and regulations that protect human health and the environment,” EPA Regional Administrator KC Becker said in a statement. “Working with the state, we will continue to investigate these alleged violations and pursue every opportunity to improve conditions for residents of North Denver, Commerce City and surrounding communities.”

CDPHE issued a similar statement, saying it “will continue to explore all options to ensure Suncor meets air quality requirements.”

“We are grateful for EPA’s partnership in this enforcement action and are confident it will build on our recent actions and improve refinery operations,” said Jill Hunsaker-Ryan, executive director of CDPHE, in a statement. “Through a comprehensive approach, we continue to explore all options to ensure Suncor meets air quality requirements. This new joint enforcement action underscores our shared commitment with EPA to provide communities near Suncor with the increased protections they deserve.”

This isn’t the first time Suncor Energy has faced allegations of violating air pollution regulations. In February, CDPHE fined Suncor Refinery $10.5 million for air pollution violations from July 2019 to June 2021, the largest enforcement package the department has ever brought against a single facility. In August 2023, the EPA filed a second challenge to Suncor Energy’s air quality permit and ordered Colorado regulators to reconsider inspections of the operation to ensure compliance with state and federal clean air regulations.

Suncor Energy has also been accused of water quality violations. In March, Colorado issued a new, long-awaited water pollution permit for Suncor Energy that limits the amount of “forever chemicals” and other harmful pollutants the company’s Commerce City refinery can discharge into Sand Creek.

Several citizen groups are hoping to put an end to Suncor’s alleged violations. Last month, Green Latinos, 350 Colorado and the Sierra Club sent a notice of intent to sue Suncor, the Colorado Division of Air Pollution Control and the EPA. The groups told Denver7 they intend to sue Suncor for alleged repeated violations of the federal Clean Air Act over the past five years. The violations include more than 1,000 emissions of hazardous air pollutants that exceeded limits set by state and federal regulations.

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