EPA investigating Colorado for discriminatory air pollution

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EPA investigating Colorado for discriminatory air pollution
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Federal investigators said in the letter they will scrutinize the state’s oversight of Colorado’s biggest polluters including the Suncor oil refinery in Commerce City, and whether the effect of that pollution on residents is discriminatory.

By MICHAEL PHILLIS and BRITTANY PETERSON

Since then she’s pushed for community air monitoring and stronger protections, but says it all feels too late. She’s lived here for 30 years, and her kids are already young adults.Advocates say the Suncor refinery too often malfunctions, spiking emissions. They say Colorado rarely denies permits to polluters, even in areas where harmful ozone already exceeds federal standards.

The EPA launched its investigation under Title VI of the Civil Rights Act of 1964. It has been going on since March but went little noticed until Wednesday’s letter, which explains its scope. The Act allows the EPA to negotiate agreements with states to promote equity. The Biden administration has stepped up its enforcement of environmental discrimination.

In March, the EPA objected to a key air permit for the facility that state regulators were still reviewing 10 years after its original expiration date. The agency raised “significant environmental justice concerns” and said that the public wasn’t given enough opportunity to weigh in. The EPA didn’t object when the state issued a revised permit.

The EPA may have an easier time convincing Colorado to change than it would, say, Texas, said Jeremy Nichols, head of climate and energy programs at WildEarth Guardians.

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