EPA Oversight of State/Tribal/Local CAA Permitting Authorities in Region 8

March 25, 2022

UPDATES: On June 22, 2022, the EPA Region 8 received a new proposed title V operating permit for this Suncor Plant 2 facility in response to the EPA's March 25, 2022, letter objecting to the issuance of the permit. 

On July 31, 2023, the EPA Administrator signed the Administrative Order granting in part and denying in part petitions for objections to the title V operating permit issued to Suncor Energy (U.S.A.), Inc. Commerce City Refinery, Plant 2 (East) in Adams County, Colorado. Both petitions were submitted on October 11, 2022, pursuant to section 505(b)(2) of the Clean Air Act (CAA). The first petition was submitted by counsel from Earthjustice on behalf of Elyria and Swansea Neighborhood Association, Cultivando, Colorado Latino Forum, GreenLatinos, Center for Biological Diversity and Sierra Club. The second petition was submitted by 350 Colorado. Both petitions request that the EPA Administrator object to operating permit NO. 95OPAD108 issued by the Colorado Department of Public Health and Environment.

In the near future, EPA will public a Federal Register notice. That notice will establish the relevant deadline for requesting judicial review of the portions of the Order that deny issues in the petition, pursuant to CAA sections 307(b)(1) and 505(b)(2).

EPA comments on Suncor Energy Refinery Plant 2 renewal (pdf) (219.01 KB, March 25, 2022

EPA Suncor Plant 2 Title V Objection Letter Response (pdf) (98.36 KB, August 5, 2022)

Administrative Order - Suncor Energy (U.S.A.), Inc. Commerce City Refinery, Plant 2 (East) Operating Permit (pdf) (1,390 KB, July 31, 2023)

29619 Spur Avenue, Hudson, South Dakota  57034