EPA Region 8 Looking Into Colorado’s Regulation of Air Pollutants, Citing Environmental Justice Concerns

By: EJ News Today | December 29, 2022

Colorado’s sole petroleum refinery, which is located in Commerce City, has been under federal scrutiny since March 2022. In late March, the Region 8 office of the United States Environmental Protection Agency (EPA) notified the Colorado Department of Public Health and Environment (CDPHE) that the Agency was objecting to a portion of the Clean Air Act Title V renewal permit for the refinery plant in Commerce City.

In that March 2022 letter, EPA Region 8 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. Although EPA Region 8 received a new proposed operating permit for this facility from CDPHE in June 2022, it seems Colorado is now under federal enforcement crosshairs due to environmental justice concerns.

Environmental justice is the concept that everyone has the right to a clean and healthy environment, regardless of their race, ethnicity, or socio-economic status. In Colorado, there are communities that are disproportionately impacted by air pollution, particularly low-income neighborhoods and communities of color, such as Commerce City. These communities may be more vulnerable to the negative health effects of air pollution and may not have the resources to advocate for change or to protect themselves from its impacts.

To address these issues, Colorado has implemented a number of programs and regulations aimed at reducing air pollution and promoting environmental justice. These policies which are aimed to reduce emissions from power plants. The state has also established air quality standards and monitors air pollution levels to ensure that they meet enhanced standards. Despite these efforts, the CDPHE’s recent treatment of air permits for the state’s sole petroleum refinery appear to be problematic, at least in the eyes of EPA Region 8. Potential environmental discrimination by Colorado and environmental injustice are significant concerns for EPA Region 8, according to a letter released by the agency on Wednesday.

According to EarthJustice, those individuals most impacted by emissions from the plant include low-income families and people of color who have disproportionately faced the cumulative impacts of living near polluting facilities. Families living close to the petroleum refinery in Commerce City, Globeville and Elyria-Swansea experience disproportionately high rates of medical issues including asthma, cancer and diabetes. Advocates are hopeful that EPA Region 8’s environmental justice-focused investigation will force Colorado to make to their permit and provide additional protections to nearby EJ communities.