Suncor’s Commerce City refinery violated pollution emission limits for 900 hours in the three months it shut down after a fire in late 2022, but the company avoided fines because of loopholes in regulations, an environmental group’s study said Tuesday. 

For 100 of those hours, Suncor reported emissions violations of certain controlled pollutants that were 30 times the levels allowed by their state air permits. The violations were more than 15 times limits in 300 of those hours, according to reviews of the company’s state-mandated reporting by the nonprofit 350 Colorado.

Releases that were exempt from fines included 32,000 pounds of hydrogen sulfide, and 600 pounds of volatile organic compounds, 350 Colorado said, into neighborhoods already environmentally disadvantaged by a host of polluting industries, highways and heavy trucking operations. 

350 Colorado wants Colorado air pollution officials to consider removing existing exemptions in permits that waive disciplinary fines during periods of “start-up, shut-down and malfunction.” 

In the months of Suncor’s production shutdown to recover from the fire, 350 Colorado said, “many thought the surrounding area would have a break from daily pollution coming from the refinery, but it soon became obvious to community members that pollution was continuing, and was worse than usual.” 

The severe exceedances during shutdown were only one “extreme example of excess pollution” that’s part of “a long-term history of repeated violations,” the group said. Suncor has been fined repeatedly by state officials for violations during other periods covered by the permits, which are required under the federal Clean Air Act and administered by the state. 

Suncor did not respond to requests for comment on the study Tuesday. State officials did not respond to questions about the report by late Tuesday.

There are also continual Suncor emissions violations detailed in a separate reporting database, the EPA’s Toxic Release Inventory, according to the 350 Colorado report From reporting in 2021 through 2023, the study says, the Commerce City refinery was “in significant violation of the Clean Air Act in 12 out of 12 quarters, in noncompliance with Resource Conservation and Recovery Act in 12 out of 12 quarters, out of compliance with the Clean Water Act in 9 out of 12 quarters, and 4 of those quarters in significant violation.” 

In searching for potential impacts on Adams County and northern Denver neighborhoods, 350 Colorado cited a previous literature review for the City of Philadelphia Refinery Advisory Group.

“In general, refineries impact health through air pollution, contamination of waterways and soil, and psychosocial stress from living near a hazardous site,” the 350 Colorado report said. “Impacts of refinery air pollution include respiratory health especially for asthmatics and children, negative birth outcomes, cancer, and other health impacts.” The advisory group endorsed permanent closure of the Philadelphia refining operation after a major fire, as a way to mitigate those historic harms.

Colorado officials should endorse and prepare for a similar closure of the sprawling Suncor refinery operation, 350 Colorado said, whether Suncor decides to close for future economic reasons or is pushed toward change by better regulation.