Actions against Suncor to enforce air quality requirements

Overview

This web page provides documentation on how CDPHE enforces air quality laws and regulations that apply to the Suncor refinery in Commerce City. Additional information on air monitoring, permitting, community notifications, and more can be found on CDPHE’s air quality and the Suncor refinery web page.

The CDPHE Air Pollution Control Division must use the enforcement process established by state statute to require a facility like Suncor to make changes to address air quality violations. State statute 25-7-115 C.R.S. provides the division’s enforcement authority.

Enforcing air quality laws and regulations is a legal process. The length of time needed to resolve an enforcement action varies depending on the complexity of the case.

The division conducts a thorough annual inspection of Suncor. This work includes an onsite inspection and a detailed review of required records and reports for the year. If the division finds potential state or federal air pollution violations, the division begins the enforcement process.

The division typically initiates formal enforcement actions by issuing a Compliance Advisory or a Notice of Violation. This formally puts a company on notice regarding the division’s findings of alleged violations, which is the first step in the enforcement process. During this process, the division continues investigating the potential violations, meets with Suncor to discuss the allegations, and requires Suncor to fix any ongoing problems. Later in the process, the division determines if penalties, corrective actions, or other measures to improve compliance are appropriate for any confirmed violations. The division normally completes the process through an enforcement package. The division’s Compliance Assistance and Enforcement Guide offers more details on the typical enforcement process.

Below are links to documents from the division’s recent enforcement packages and active investigations against Suncor.

Active investigations

This section lists documents associated with the division’s active investigations into any alleged air quality violations at Suncor, including Notices of Violation and Compliance Advisories. The division removes documents from this section when the enforcement process is complete.

January 9, 2025 Compliance Advisory:

• Covers alleged violations that happened between July 1, 2022 and June 30, 2023. 
• Alleged violations include but are not limited to: 
  • Exceeding emissions limits for air pollutants.
  • Failing to meet required operating parameters.
  • Operating and maintaining equipment.
  • Following required procedures.
• Case number:2025-003 

July 2, 2024 EPA and CDPHE joint Notice of Violation:

• Covers federal and state inspections from 2020-2023.
• Incorporates the CDPHE Air Pollution Control Division’s June 1, 2023 Compliance Advisory.

June 1, 2023 Compliance Advisory:

• Covers alleged violations that happened between July 1, 2021 and June 30, 2022.
• Alleged violations are related to subjects including: 
  • Maintaining equipment.
  • Following required procedures.
  • Exceeding emissions limits for air pollutants.
• Case number: 2023-082.

Enforcement packages

This section lists documents associated with enforcement packages the division has finalized with Suncor since 2014. Enforcement packages can include penalties or other requirements to address air quality violations in a legal document, such as a Compliance Order on Consent.

Feb. 5, 2024 Compliance Order on Consent:

• Covers 2020 and 2021 inspection findings.
• Case numbers: 2021-082 and 2022-076.

March 6, 2020 Compliance Order on Consent:

• Covers 2018 and 2019 inspection findings.
• Case numbers: 2019-097 and 2019-194.

June 24, 2019 Compliance Order on Consent:

• Covers 2017 inspection findings. 
• Case number: 2018-100.

April 19, 2018 Compliance Order on Consent:

• Covers 2016 inspection findings.
• Case number: 2017-092.

Jan. 9, 2017 Compliance Order on Consent:

• Covers 2015 inspection findings.
• Case number: 2016-119.

Aug. 26, 2015 Compliance Order on Consent:

• Covers 2013 and 2014 inspection findings.
• Case numbers: 2014-122/123.

Oct. 13, 2015 Multimedia Settlement Agreement and Compliance Order on Consent. 

• This addresses enforcement actions from all of the department’s environmental divisions, including the Air Pollution Control Division, Water Quality Control Division and Hazardous Materials and Waste Management Division as a result of a release to Sand Creek in 2011.