Aaron Burkert, Falsifying a Monitoring Device and Method, Colorado 2010

Commerce City, CO – Former air-monitoring technician Aaron Burkert was sentenced to three years of probation on April 30, 2010, after pleading guilty to falsifying air quality data at the Suncor Energy petroleum refinery in Commerce City, Colorado. The case, investigated by the Environmental Protection Agency’s (EPA) Criminal Investigation Division, revealed a deliberate scheme to circumvent Clean Air Act regulations and misrepresent the refinery’s leak detection efforts.

Burkert, employed by Integrated Processing Resources – Environmental Monitoring Services (EMS), was tasked with conducting routine air-monitoring readings at the Suncor facility. Instead of accurately recording emissions data from refinery pumps, Burkert systematically designated numerous pumps as “temporarily out of service” – a false claim intended to avoid proper monitoring. This manipulation effectively concealed potential fugitive emissions, violating federal law and hindering efforts to ensure air quality compliance.

The falsification came to light following an investigation into the refinery’s Leak Detection and Repair (LDAR) program, a crucial component of the Clean Air Act designed to minimize the release of harmful pollutants. LDAR programs require facilities to regularly monitor equipment for leaks and promptly address any identified issues. Burkert’s actions directly undermined this process, creating a false impression of compliance while potentially exposing nearby communities to increased pollution.

According to court documents, Burkert was initially indicted on June 8, 2009, facing a total of 34 counts. These included five counts of making false statements (18 U.S.C. 1001), sixteen counts of wire fraud (18 U.S.C. 1343), and thirteen counts of violating the Clean Air Act (42 U.S.C. 7413(c)(2)(C)). The latter charge specifically addresses the knowing falsification, tampering, or inaccurate rendering of required monitoring devices or methods. He ultimately pled guilty to a single count – falsifying a monitoring device and method – but the breadth of the initial indictment suggests a widespread and sustained pattern of deception.

While Burkert avoided a financial penalty, the three-year probationary sentence underscores the seriousness with which federal authorities treat violations of environmental regulations. The EPA continues to prioritize enforcement actions against individuals and companies who attempt to skirt environmental laws, recognizing the potential health and safety risks associated with such misconduct. The case serves as a warning to others in the industry that falsifying environmental data will not be tolerated.

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Key Facts

Defendant: Aaron Burkert
Location: Commerce City, Colorado (Suncor Energy Refinery)
Date of Sentencing: April 30, 2010
Statutes Violated: 18 U.S.C. 1001 (False Statements), 18 U.S.C. 1343 (Wire Fraud), 42 U.S.C. 7413(c)(2)(C) (Clean Air Act Violation)
Penalty: Three years of probation; no fine imposed.
Method of Fraud: Falsely designating refinery pumps as “out of service” to avoid required air-monitoring procedures.

GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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