(AGENPARL) – mar 01 agosto 2023 Issued: Aug 1, 2023 (11:33am EDT)
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EPA objects to Colorado’s Suncor refinery air permit after evaluating
petitions
Objection and order for Clean Air Act permit for Plant 2 requires state
revisions
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. 
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