A final air pollution permit issued to the Suncor refinery in Commerce City by state officials that was approved by the Environmental Protection Agency has been sent back to the drawing board by the EPA for a second time.

In Feb. 2022, the Colorado Department of Public Health and Environment sent a long-delayed air pollution permit renewal to the EPA for approval. EPA responded with objections in August of that year and directed the state to make certain modifications to the permit. The final permit was issued on Sept. 1, 2022, after EPA officials said that the updated permit from the state was “adequate to resolve the specific issues identified in EPA’s objection.”

But, according to an EPA press release Tuesday, “the Clean Air Act allows the public to petition EPA to object to air quality operating permits issued by state agencies to large stationary sources of air pollution. The EPA Administrator must grant a petition and object to a permit if a petitioner demonstrates that the permit does not comply with applicable requirements.”

Two petitions were filed — one by Earthjustice on behalf of the Elyria and Swansea Neighborhood Association, Cultivando, Colorado Latino Forum, GreenLatinos, Center for Biological Diversity and Sierra Club — and was denied in part. The second petition, filed by 350 Colorado, was denied.

The agency is requiring CDPHE to resolve its objections before issuing yet another revised permit. EPA indicated this second review does not invalidate the final permit issued to Suncor or shut down the facility while CDPHE addresses the EPA order.

The technical details in the 99-page EPA order were not available as of press time.