EHS Administration, Enforcement and Inspection

Refinery Settlement Includes Electric Lawn Equipment

On September 6, 2023, the EPA announced it reached a settlement with Suncor Energy Inc. (Suncor) resolving alleged violations of the Clean Air Act’s (CAA) fuels requirements at Suncor’s Commerce City, Colorado, refining operations. 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.

“Suncor operates two refineries in Commerce City, Colorado, that produce petroleum products, including gasoline,” an Agency news release says. “The settlement resolves claims relating to the benzene content and Reid vapor pressure (RVP) of gasoline that Suncor produced. In 2021, Suncor produced over 32 million gallons of gasoline at its Commerce City East Refinery with an average benzene concentration of 1.77 volume percent, which was above the maximum 1.30 volume percent standard. In June 2022, Suncor produced over 1 million gallons of summer gasoline at its Commerce City West Refinery with an RVP of 7.9 pounds per square inch (psi), which was above the 7.8 psi standard.”

Both violations were self-reported by Suncor, which has faced prior EPA fines over alleged violations at its Commerce City location, as well as pressure from Colorado regulators due to alleged air pollution and water quality violations.

The reported EPA numbers over the current alleged violations need to be put into perspective, according to Suncor.

“No excess benzene was introduced into the environment as a result of these issues. The exceedance at the East Plant affected 5% of Commerce City’s gasoline production. Our West Plant, which comprises 95% of our gasoline, was well below the standard. Looking at all gasoline produced at the Commerce City Refinery in 2021, the East Plant and West Plant volumes combined were also below the standard,” Suncor spokesperson Leithan Slade said, according to The Colorado Sun.

Suncor has agreed to implement a supplemental environmental project that requires the company to spend at least $600,000 purchasing or subsidizing the purchase of electric lawn and garden equipment, including zero-emission residential and commercial lawn mowers, leaf blowers, trimmers, edgers, cutters, and chain saws, as well as battery packs, chargers, and accessories that are necessary to support the use of the electric equipment. The electric lawn and garden equipment will be distributed to residents who live near Suncor’s Commerce City refineries and local governments and schools located within Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, Larimer, and Weld counties in Colorado. Suncor will also scrap or destroy the gasoline- or diesel-powered lawn and garden equipment that will be replaced by the electric equipment.

“Small engines are a small but measurable portion of the nine-county ozone violation problem, and considered by air experts to be a relatively easy pollution source to attack,” The Colorado Sun article continues.

“This settlement demonstrates that EPA will hold refineries accountable when the fuel they produce fails to meet legal requirements,” said Assistant Administrator David M. Uhlmann of the EPA’s Office of Enforcement and Compliance Assurance in the Agency news release. “This settlement and the supplemental environmental project that Suncor agreed to include will provide better air quality for residents affected by Suncor’s misconduct.”

Suncor stated it has made changes to prevent a recurrence.

“We have revised our internal processes to prevent such a violation from reoccurring in the future at the East Plant,” the company said, according to CBS News. “Separately, Suncor is completing a project to supply reformulated gasoline (RFG) beginning in the summer of 2024. RFG will significantly reduce volatile organic compounds in Colorado, reducing the formation of ozone in the State.”

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