EPA investigating Colorado for discriminatory air pollution

DENVER (AP) — The Environmental Protection Agency is investigating whether Colorado’s regulation of air pollution from industrial facilities discriminates against Hispanic residents and other racial minorities, according to a letter released Wednesday.

That's a level of scrutiny long sought by Lucy Molina whose daughter goes to school near Colorado’s only petroleum refinery. Three years ago Molina had just stepped outdoors when she noticed a coating of ash on her Nissan Altima that wiped off on her fingers. Then she received a message that her daughter's school was locked down and panicked. She later learned the refinery had malfunctioned, spewing a clay-like material into the air. She’d heard of lockdowns for shootings, but never for pollution.

Since then she’s pushed for community air monitoring and stronger protections, but it all feels too late. She’s lived here for 30 years, and her kids are already young adults.

“If we would have known” years ago, she said. “We would have moved.”

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.

Federal investigators said in the letter they will scrutinize the state’s oversight of Colorado’s biggest polluters like the Suncor oil refinery in North Denver where Molina lives, and whether the effect of that pollution on residents is discriminatory.

Suncor did not respond to a request for comment.

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...