Fact check: Did a recent El Paso oil refinery flare violate Texas environmental regulations?
by Brandy Ruiz August 5, 2025
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No.
A recent flare at El Paso’s Marathon refinery released more sulfur dioxide than usual and lasted longer than visible emissions rules typically allow — but it didn’t violate air pollution limits due to an emergency exemption.
On July 8, 2025, the refinery lost power and shut down, triggering flaring at three stacks. The facility released 501 pounds of sulfur dioxide at 100% opacity over five hours, according to an initial refinery report filed with the Texas Commission on Environmental Quality.
Texas generally limits visible emissions from flares to five minutes per two-hour period, but Texas Administrative Code and Marathon’s permit allows higher emissions during shutdowns. In this case, it was authorized to emit up to 2,051 pounds of sulfur dioxide per hour across multiple flares.
Visible smoke violations, even during emergencies, may be subject to review.
High sulfur dioxide levels can trigger asthma and breathing problems, according to federal health agencies.
This fact brief is responsive to conversations such as this one.
Editor’s Note: El Paso Matters is partnering with Gigafact to produce “fact briefs” that examine claims about issues shaping our community.
Sources
- Texas Administrative Code (TAC) Texas Clean Air Act Definitions
- TAC Visible Emissions Requirements
- Texas Commission on Environmental Quality Air Emissions Event Incident
- TCEQ Marathon Refinery Emissions Report
- TCEQ Maximum Allowable Emissions Rates Tables, Marathon Refinery Permit (Page 17)
- Marathon Refinery Permit Conditions Planned maintenance, startup and shutdown (MSS) activities (Page 21)
- Centers for Disease Control Sulfur Dioxide
Brandy Ruiz
Brandy Ruiz is an audience engagement reporter at El Paso Matters.
