Environmental Justice in Commerce City - North Denver

Summary of EPA Activities | Recent and Ongoing Compliance and Enforcement Activities

Colorado's Commerce City – North Denver area is home to residents overburdened by environmental pollution. Located next to some of the city and state’s major highways, large numbers of regulated facilities, and areas with legacy pollution, community members have continued to express concerns about their health, environment, and community. Data from the EPA’s Environmental Justice (EJ) screening and mapping tool EJScreen suggest a significant potential for EJ concerns in the area due to a combination of high pollution burden and population vulnerability.

Using federal authorities and programs and leveraging partnerships with State and local governments and nongovernmental organizations, EPA is actively working to address this underserved community’s concerns. The Agency is empowering the community by providing significant funding opportunities for important environmental and community projects and, above all, to ensure protection of human health and the environment.

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EPA Activities in the Commerce City – North Denver Area

September 2024 Suncor Community Information Sheet

The U.S. Department of Justice (DOJ), the EPA, and the Colorado Department of Public Health and Environment (CDPHE) have been investigating Suncor’s Commerce City Refinery to make sure that Suncor is complying with the Clean Water Act.

The Community Information Sheet describes Clean Water Act enforcement activity at the Suncor Commerce City Refinery.

Read the Community Information Sheet (pdf) (1.15 MB)

Hoja De Información Para La Comunidad (pdf) (4.78 MB)

More information: EPA's Compliance Evaluation Inspections web page and CDPHE's Environmental Justice in Enforcement and Compliance and Commerce City-North Denver web pages.

July 2024 Suncor Notice of Violation

EPA and the State of Colorado issued a Notice of Violation to the Suncor refinery in Commerce City, Colorado on July 2 2024. EPA and the State are alleging that Suncor violated the Clean Air Act and the Colorado Air Pollution Prevention and Control Act, two federal consent decrees that apply to Suncor, and applicable air operating permits at the refinery. 

Community EJ forum held to kick off collaborative effort to address EJ issues in Commerce City-North Denver

On December 14th, 2023, the EPA Region 8 EJ program hosted a gathering of local community-based organizations, local government, and state government to begin a steady cadence of engagement aimed at protecting the health and environment of residents in CC-ND.  The meeting was facilitated by the CPRC contract. The meeting was well-attended with GreenLatinos, Cultivando, Protégete, CDPHE, City of Commerce City, City and County of Denver, Adams County Health and Adams County Commissioners and many smaller community based organizations participating. During the meeting, a Forum problem statement, vision, and guiding principles were discussed, as well as priority EJ issues and recommendations for the structure of the forum going forward. Anyone interested in getting added to the Forum mailing list and receiving invitations to future meetings can reach out to the contacts identified below.

More Information: December 2023 CC-ND EJ Forum meeting summary. 

Contacts: Alicia Lundy, EJ team, lundy.alicia@epa.gov , (303) 312-6281 and Amanda Monaco, EJ team, monaco.amanda@epa.gov, (303) 312-6349  

Environmental Justice Grant – Growing Greener Communities

Groundwork Denver received a one-year EJ grant in 2022 to hire South Commerce City and Globeville Elyria and Swansea (GES) Green Team employees, educate them about local EJ issues and environmental advocacy and stewardship, train them on effective community outreach to discuss energy efficiency, and how to plant and maintain trees on their property. The Green Team activities for this project include door-to-door outreach, educating residents about the Growing Greener Communities (GGC) program, distributing tip sheets, and scheduling residents to receive no-cost energy audits, major and minor energy efficiency upgrades, and/or trees.

More information: Environmental Justice Grants, Funding and Technical Assistance

Contact: April Nowak, EJ Team, nowak.april@epa.gov, (303) 312-6528

Environmental Justice Grant - “Huerta Urbana” Urban Agriculture Project

Through a $70,000 EJ cooperative agreement, EPA worked with the Focus Points Family Resource Center to advance access to local food in the Globeville and Elyria-Swansea neighborhoods and build local food resiliency and jobs for its residents. The "Huerta Urbana" Urban Agriculture Project is providing a platform for economic opportunity, workforce training, and entrepreneurship for low-income communities, communities of color, and immigrant families in the community. It is safely supporting these underserved families and enhancing the local environment during the COVID-19 pandemic through a multi-generational “earn-while-you-learn” training program related to local food production and distribution.

More information: Environmental Justice Grants, Funding and Technical Assistance

Contact: Corbin Darling, EJ Team, darling.corbin@epa.gov, (303) 312-6426

Local Foods Brownfields Assistance

EPA conducted a Phase II Targeted Brownfield Assessment (TBA) to assist the nonprofit Focus Points Family Resource Center with the safe siting of a new 2.4-acre urban farm. EPA is ready to provide assistance to Focus Points on the design of a new greenhouse to maximize energy efficiency in partnership with the U.S. Department of Energy’s National Renewable Energy Laboratory.

More information: Focus Points Community Garden

Contact: Tim Rehder, Brownfields and Redevelopment Branch, rehder.timothy@epa.gov, (303) 312-6293

Environmental Justice Grant – Agrivoltaic System at Focus Points Family Resource Center

The EPA has awarded a $94,000 dollar EJ cooperative agreement to construct an agrivoltaic system in the Focus Points Family Resource Center’s (FPFRC) already existing “Huerta Urbana” farm incubator. As an agrivoltaic system, the solar panels will be installed so as to provide shade to the farm and increase the crop yield. The crops produced at the farm are lower cost and fresher than what is otherwise available to the surrounding underserved community. Clean, inexpensive electricity generated by the agrivoltaic system will power FPFRC with the remaining unused electricity apportioned to the surrounding neighborhood resulting in lower utility costs for more than 25 families. Approximately 400 to 600 tons of carbon pollution are expected to be eliminated by this project.

Contact: Tim Rehder, Brownfields and Redevelopment Branch, rehder.timothy@epa.gov, (303) 312-6293

Support to the South Platte River Urban Waters Partnership

The EPA provides support to the South Platte River Urban Waters Partnership (SPRUWP) and makes water data for the area available to the public. EPA and partners conduct sampling and analysis, and the results are available in the Partnership’s Water Quality Assessment Tool. EPA and its partners upgraded the Tool in September 2023 to provide more recent data and an increased number of parameters. EPA also provides information in its newly updated How’s My Waterway webpage where members of the public can find information on impairments for the South Platte River in Commerce City. SPRUWP will be conducting a water equity workshop later this year with contractor support from EPA headquarters.

Watch the video SPRUWP released last year to talk about the Partnership and the and the Water Quality Assessment Tool.  

More information: Urban Waters and the South Platte Watershed from the Headwaters to the Denver Metropolitan Area

Contact: Stacey Eriksen, Wastewater Section, Eriksen.stacey@epa.gov, (303) 312-6692

Youth-Driven Urban Pollution Reduction Plan for a Watershed in Denver and Adams Counties

EPA provided funds through the Nonpoint Source Pollution Management Program for the development of a youth-driven Urban Pollution Reduction Plan for a 26-mile segment of the South Platte River and its watershed from North Denver and into Adams County. The project was made possible through an EPA grant to the Colorado Department of Public Health and Environment (CDPHE) through the Clean Water Act Section 319 grant program.  CDPHE worked to develop the sub-award grant with the project sponsor, Lincoln Hills Cares, a nonprofit organization. Lincoln Hills Cares integrated public engagement and the youth voice in the creation of an Urban Pollution Reduction Plan for a watershed downstream of the Burlington Ditch diversion that drains into the South Platte River to reduce fecal coliform and other possible contaminants from polluting the river.  An additional $275,000 in Section 319 grant funds were awarded to Lincoln Hills Cares in FY22. The new project entails implementing key aspects of the Nonpoint Source Pollution Reduction Plan and will focus on a segment of the South Platte not addressed by a stormwater permits for nearby municipalities. Tasks to be implemented include youth and community outreach and education in support of reducing nonpoint source pollution through hands-on, train-the-trainer activities, such as rain garden installation and low-cost water quality monitoring station construction. Lincoln Hills Cares is currently focused on updating their watershed plan to help guide specific watershed projects and they are re-engaging with the community for education and support. Other expected outcomes include helping residents gain a sense of stewardship for the river and an understanding of the direct relationships between their actions in their neighborhoods and the river’s health and the recreation it offers.

More information:

Contact: Peter Ismert, Watershed Section, Ismert.peter@epa.gov, (303) 312-6215

Suncor Refinery Emission Incident Analysis

EPA's analysis showed the Suncor Refinery had more air pollution incidents compared to other refineries. 

EPA’s analysis, released on June 9, 2023, compared the causes and frequency of incidents at Suncor to 11 other refineries nationwide that operate under similar requirements. The goal of the analysis is to understand what other refineries might be doing differently to help inform potential measures to reduce air pollution from the Suncor facility.
 
The EPA with support from the Colorado Department of Public Health and Environment (CDPHE) undertook this study to better understand why Suncor continues to have air pollution incidents and how Suncor compares to other refineries across the country. EPA’s analysis considered the root causes identified in an investigation conducted by Suncor’s consultant as part of  Suncor’s Settlement Agreement. That previous investigation found underlying issues related to poor communication, unclear delineation of responsibilities and insufficient processes and resources to prevent issues from becoming more severe.

The EPA analyzed the frequency of air pollution incidents at the Suncor Refinery, comparing upsets, malfunctions and excess air emissions at Suncor to incidents at the 11 other refineries. The analysis found that, from 2016-2020, Suncor had the greatest number of tail gas incidents that caused releases of excess sulfur dioxide. Suncor also had the second greatest number of acid gas incidents releasing hydrogen sulfide gas. Suncor was in the middle of the comparison group at the seventh greatest number of hydrocarbon flaring incidents out of the 12 refineries. Read the final report of this analysis and review the data in the files below.

Contact: Scott Patefield, Air and Toxics Enforcement Branch, Patefield.scott@epa.gov, (303) 312-6248


Suncor Refinery Discharge Permit

CDPHE issued its final renewed discharge permit for the Suncor refinery on March 6, 2024. The single renewed permit for discharges of both process water and stormwater includes new effluent limitations and monitoring requirements for per- and polyfluoroalkyl substances (PFAS), toxic metals and other pollutants to further protect Sand Creek and downstream waters. EPA provided technical assistance to the state as part of the permit renewal process and reviewed the refinery permit as part of its oversight of the state’s water quality program. CDPHE’s response to comments and other information about the renewed permit can be found at the link below.

More information: CDPHE Suncor Water Quality Permits

Contact: Mike Boeglin, Wastewater Section, boeglin.michael@epa.gov, (303) 312-6250

Clean Air Act Title V Permit Review for Suncor Refinery

In March 2022, EPA objected to the CDPHE Plant 2 title V operating permit on a limited Compliance Assurance Monitoring (CAM) plan requirement for three flares. CDPHE accepted EPA’s CAM Plan recommendations in a revised permit. EPA sent a letter in August 2022 acknowledging that the revised permit satisfied the objection. In November 2022 CDPHE responded to EPA's EJ recommendations. In July 2022, EPA sent a comment letter to CDPHE regarding the Plants 1 & 3 title V operating permit. EPA will review the permit again when it is submitted for EPA’s 45-day review after CDPHE prepares a proposed permit with responses to comments they received during the comment period.

In October 2022, EPA received two public petitions to object to the Plant 2 title V operating permit. On July 31, 2023 EPA issued an order granting in part and denying in part these petitions. 

2023 Order Granting in Part and Denying in Part Petitions for Objection to a Title V Operating Permit for Suncor Energy (U.S.A.), Inc., Commerce City Refinery, Plant 2 (East) (pdf) (1.36 MB, 7-31-2023)

EPA Region 8 posts 45-day review and petition deadline information on our air permitting website.

More information: EPA comments on Clean Air Act Title V renewal permit for Suncor Energy Refinery Plant 2 in Commerce City, Colorado.

Contact: Donald Law, Air Permitting and Monitoring Branch, law.donald@epa.gov, (303) 312-7015
 

Vasquez Boulevard and Interstate 70 (VB/I-70) Superfund Site

Operable Unit 1 (OU1) is the residential portion of the site and was deleted from the NPL in September 2019. EPA investigated residential properties in (1998) and those that had concentrations above 70 ppm of arsenic or 400 ppm for lead were remediated, assuming access was granted. Remediation was done by removing a foot of soil and replacing it with clean fill. EPA investigated 4,445 properties and remediated 811 properties. Remediation activities were completed in 2016. At that time, 55 property owners denied access for investigation or cleanup. EPA placed Notices of Environmental Conditions at the Denver Office of the Clerk and Recorder and sent notices to the property owner and property address about the status of the property and how to prevent arsenic and lead exposure. Today, the OU is in Operations and Maintenance and the notices are annually sent by Colorado Department of Public Health and Environment (CDPHE) in Spanish and English. CDPHE also files a removal of the notice if the property owner provides information that the property was remediated or sampled and no cleanup needed. Before removing the notices, CDPHE consults with EPA. OU1 continues to have Five-Year Reviews since waste was left in place, the next one is due in 2024.

Environmental investigations continue in the former Omaha & Grant Smelter location (Operable Unit 2 of the VB/I-70 Site). The site team recently received, and is currently evaluating, data collected by the City and County of Denver under an EPA-approved Quality Assurance Project Plan. This team is planning to use this data, along with data that is expected later this year, to update the Human Health and Ecological Risk Assessments for this site that were completed in 2009.

For OU 3, EPA is continuing environmental investigations at the former Argo Smelter site. A portion of OU3 was purchased by Vita Fox Development. Vita Fox is conducting a removal action of contaminated soils on their piece of OU3. EPA is providing oversight for the removal activities.

More information:  Vasquez Boulevard & Interstate 70 (VB/I-70) Superfund site website

Contacts:

January 2023 Clean Air Act/Emergency Planning Community Right to Know Act Settlement with Univar Solutions USA Inc. (Univar) 

In January 2023, EPA finalized and closed a settlement with Univar to resolve alleged violations of industrial accident-prevention requirements at five facilities located in Rhode Island, Pennsylvania and North Denver, Colorado. Four of the five facilities are in overburdened communities with environmental justice concerns. 

Univar is the largest commodity and specialty chemical and ingredient distributer in the U.S. Headquartered in Downers Grove, Illinois, it has several hundred chemical distribution facilities that blend, mix and repackage bulk chemicals for shipment across America. Univar will pay $600,000 in penalties. In addition, Univar agreed to spend no less than $200,000 to implement a Supplemental Environmental Project that will provide emergency response equipment to enhance the capabilities of two fire departments: the Denver Fire Department in Colorado and the Bunola Fire Department in Pennsylvania.

The settlement addresses violations of the General Duty Clause (GDC) and Risk Management Program (RMP) under Clean Air Act (CAA) Sections 112(r)(1) and 112(r)(7), which make owners and operators of facilities that have regulated hazardous substances responsible for ensuring that their chemicals are managed safely and that steps are taken to reduce the risk of accidental releases of chemicals, which can have serious consequences for public health and safety. Also resolved are violations of Toxic Release Inventory (TRI) recordkeeping requirements under Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 at the Colorado facility. TRI reports inform the community about certain chemical usage and releases that may affect public health and the environment. The settlement with Univar is valued at $800,000.

Contact: Scott Patefield, Air and Toxics Enforcement Branch, patefield.scott@epa.gov, (303) 312-6248

August 2023 Clean Air Act/Emergency Planning and Community Right-to-Know Act Settlement with Suncor

In August of 2023, EPA reached a settlement with Suncor resolving alleged violations of the Clean Air Act, Section 112(r) and the Emergency Planning and Community Right-to-Know Act (EPCRA). The settlement addresses chemical accident prevention, toxic chemical release reporting and community right-to-know violations at the refinery, which EPA discovered during an inspection conducted from September 14-17, 2020. Suncor will pay $60,000 in civil penalties. It will also spend at least $240,030 on emergency response equipment as a Supplemental Environmental Project to enhance the chemical release accident response capabilities of the South Adams County Fire Department in Commerce City, Colorado. More Information: EPA Settlement with Suncor to Address Clean Air Act 112r/Emergency Planning and Community Right to Know Act violations

Contact: David Cobb, Toxics and Pesticides Enforcement Section, cobb.david@epa.gov, (303) 312-6592

September 2023 Clean Air Act Settlement with Suncor 

Environmental Protection Agency (EPA) reached a settlement with Suncor Energy (U.S.A.) Inc. (Suncor) resolving alleged violations of the Clean Air Act’s fuels requirements at Suncor’s Commerce City, Colorado refining operations on September 6, 2023. Noncompliant fuel produced by Suncor resulted in excess amounts of hazardous air pollution, such as carcinogenic benzene and volatile organic compounds released into the air from vehicles and gas-powered equipment powered by this fuel. Suncor will pay a $160,660 civil penalty and has agreed to implement a supplemental environmental project which requires the company to spend at least $600,000 purchasing or subsidizing the purchase of electric lawn and garden equipment that will be provided to residents, schools, and local governments in the Commerce City/Denver area.

More information: EPA Reaches Settlement with Suncor Over Clean Air Act Fuels Violations at Commerce City, Colorado Refineries

Contact: Scott Patefield, Air and Toxics Enforcement Branch,  patefield.scott@epa.gov, (303) 312-6248

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Last updated on October 15, 2024