Recent and Ongoing Compliance and Enforcement Activities in Commerce City - North Denver

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)

In September 2020, EPA conducted off-site compliance monitoring of the Suncor refinery’s compliance with Clean Air Act Section 112(r) chemical Risk Management Plan and Emergency Planning and Community Right-to-Know Act (EPCRA) regulations. A settlement was reached in August 2023.

This item is closed out. 

More information: FRS Facility Detail Report

David Cobb, [email protected], (303) 312-6592

EPA conducted an inspection of the Suncor refinery in June 2021 to determine compliance with the facility’s state-issued permits for discharging wastewater and stormwater into Sand Creek. CDPHE’s Water Quality Control Division participated in the inspection. The compliance evaluation is ongoing.

More information: EPA Clean Water Act Compliance Evaluation Inspections at Suncor Energy (USA), Inc. Commerce City Refinery in Commerce City, Colorado

Emilio Llamoszas, [email protected], (303) 312-6407

EPA has been following up on an FY21 targeting and compliance monitoring effort by conducting 1018 inspections on pre-1978 apartment complexes that received a previous information request and failed to respond. As of February 2024, 2 inspections have been completed, with additional inspections planned for FY24 Q3. 

EPA conducted an initiative to identify facilities in the area with potential hazardous chemical inventory reporting (EPCRA 312 “Tier II”) violations. This initiative ensures emergency planners have accurate facility chemical inventories so they can adequately plan for accidental releases and other chemical incidents. EPA has completed thirteen Compliance Monitoring Activities and issued four Notices of Noncompliance. This items is closed out.

More information: Hazardous Chemical Inventory Reporting — Emergency Planning and Community Right-to-Know Act Sections 311-312

In January, 2023, the EPA finalized and closed a Clean Air Act 112(r)/EPCRA settlement with Univar Solutions USA Inc. (Univar) to resolve alleged violations of industrial accident-prevention requirements at one of Univar’s chemical distribution facilities in North Denver as well as four other Univar facilities located in Pennsylvania and Rhode Island. As part of the settlement, Univar spent approximately $195,000 on a Supplemental Environmental Project (SEP) to provide emergency response equipment to the Denver Fire Department Foundation for use by the Denver Fire Department (DFD).  Univar also paid $600,000 in penalties and an additional $5,000 SEP to resolve the national case.

In FY22, EPA conducted four FRP inspections and four Government-initiated Unannounced Exercises. After compliance assistance was provided, all facilities came into compliance. 

Scott Patefield, [email protected],    (303) 312-6428

In FY24, EPA is planning three inspections in the CC-ND area. Previous inspections included three RCRA hazardous waste inspections, one RCRA Coal Combustion Residuals inspection, and one CERCLA Offsite Rule inspection at facilities in the area. One hazardous waste inspection identified compliance issues that were resolved through informal enforcement. EPA is continuing to evaluate compliance at the other facilities.