EPA comments on Clean Air Act Title V renewal permit for Suncor Energy Refinery Plant 2 in Commerce City, Colorado
On March 25th, EPA notified the Colorado Department of Public Health and Environment (CDPHE) that the Agency is objecting to a portion of the Clean Air Act Title V renewal permit for Suncor Energy Refinery Plant 2 in Commerce City, Colorado.
EPA’s objections to the proposed permit are based on CDPHE’s determination to exempt three individual flaring sources at the Plant from regulatory Compliance Assurance Monitoring requirements. These sources include the Main Plant Flare, the Truck Loading Dock Flare, and the Railcar Dock Flare. EPA also provided CDPHE with comments and recommendations related to environmental justice and Civil Rights Act Title VI issues involving the permit, the community surrounding the Suncor facility, and the State’s air permitting program. These include recommended improvements related to ensuring public participation, documenting permit actions, and demonstrating the attainment of air quality standards.
EPA’s objections do not affect the current operation of the Suncor Refinery nor do they reflect a denial of the Title V renewal permit for Plant 2. CDPHE will have 90 days to revise affected sections of the permit and/or permit record, provide opportunity for public review and comment, and submit a new proposed permit to EPA for review.
UPDATE: On June 22, 2022, the EPA Region 8 received a new proposed title V operating permit for this Suncor Plant 2 facility from CDPHE in response to the EPA's March 25, 2022 letter objecting to the issuance of the permit.
The EPA responded to CDPHE's new proposed permit on August 4, 2022, with a letter that states after review, the EPA has determined that the new proposed permit satisfies the issues raised in the objection letter. In addition, the EPA's August 4th letter requests that CDPHE submit a written response to the issues the EPA raised in Enclosure B of the objection letter within 90 days.
The EPA's 40 CFR 70.8(c)(1) 45-day review period for this action ends on August 8, 2022. The title V permit public petition period discussed in 40 CFR 70.8(d) will begin on August 9, 2022, and will run until October 11, 2022, as October 10, 2022 is a federal holiday. This is a change from what was originally posted on this website as we initially did not account for time periods ending on a weekend or holiday.
Public petitions to the Administrator filed under 40 CFR 70.8(d) are required to meet the conditions specified under 40 CFR 70.12.