DENVER (May 30, 2024): The Air Pollution Control Division has submitted a final draft of a Suncor air quality permit to the U.S. Environmental Protection Agency for review. The permit is for Plant 1 and 3’s operation. Suncor must maintain the operating permit under the Title V section of the federal Clean Air Act.

“We take pride in crafting detailed Title V permits to make them as legally strong as possible, prioritizing public health protections for local communities,” said Michael Ogletree, director of the Air Pollution Control Division. “We know that Suncor operations produce various sources of emission, which is why it is one of the most highly regulated entities in Colorado. Title V permits are one of several tools we use to protect clean air. Importantly, this permit expands requirements for measuring air pollution at the refinery and in the community to enhance transparency for community members and help ensure accountability for Suncor.”

“The Commerce City and North Denver communities – like all Coloradans – deserve clean air and a healthy environment,”  said Trisha Oeth, the department’s director of environmental health and protection. “Suncor’s new Title V permit requires the facility to do more in terms of measuring and reducing emissions and informing nearby communities. We are committed to finding solutions for communities overburdened by pollution. This permit is a major step towards that goal, informed by community input.”

Community feedback strengthened the final draft of the permit

The division prioritized engagement with community members and interested organizations throughout the permit renewal process. In 2022, the division proactively hosted an extended 60-day opportunity to provide feedback. This went beyond the 30-day time frame required by state and federal law. The division accepted written comments and the Colorado Air Quality Control Commission hosted public hearings to accept verbal feedback and answer questions on the permitting process. The hearings were on different days of the week and at different times to provide flexibility for Coloradans to get involved. The state also offered services to increase meaningful public participation, including Spanish interpretation and translation.

The division received hundreds of comments on the initial draft of Suncor’s Plants 1 and 3 Title V permit. The division responded to all comments and made several substantive changes to the initial draft permit based on feedback. The division noted these changes in Section III.3 of the revised technical review document. The division prepares technical review documents to support requirements included in a Title V permit.

Some changes the division made in response to feedback include requirements for Suncor to:

• Provide real-time emission data to the division.
• Install and operate at least six air monitoring systems in nearby communities. These will monitor multiple air pollutants of concern.
• Implement an enhanced training program at the facility, including the requirement to develop a training simulator for the facility’s Fluidized Catalytic Cracking Unit.
• Digitize procedures to minimize air emissions and make them available for Suncor employees. 
• Develop an operating and maintenance plan for the Fluidized Catalytic Cracking Unit automated shutdown system.

Additional permit requirements and analyses further increase transparency and accountability

In addition to the new requirements added in response to public comments listed above, the division has the legal authority to enhance air pollution monitoring and reporting standards in a Title V operating permit. The division used that authority to strengthen the permit as much as possible. The permit also includes all applicable legal requirements related to air quality, detailing exactly how each requirement applies to each piece of equipment at Suncor’s Plants 1 and 3. Several new requirements that started since Suncor last updated its Plants 1 and 3 Title V permit and are now also included in the new permit such as:

• Fenceline air monitoring and a website providing real-time air measurement data, as established by a 2021 state law.
• Enhanced emergency notifications, as established by a 2022 state law.
• Requirements to reduce air pollution emissions to limit Regional Haze, as established by state regulation.
• Requirements to use technologies that reduce air toxics emissions, as established by federal standards.

For the first time in CDPHE history, the division conducted a disparate impact analysis to better understand cumulative impacts of pollution in the communities surrounding Suncor and help ensure the permitting process for Suncor’s Plants 1 and 3 would help the community have improved air quality.

The EPA has 45 days to review the final draft of the permit. Per federal law, the division must issue a Title V permit if it complies with all legal requirements.

Visit the division’s webpage to learn more about air quality and the Suncor refinery.

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For questions or comments, please email cdphe.commentsapcd@state.co.us.

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