Colorado Department of Public Health and Environment
Alleges Violations at CEMEX Cement Plant in Lyons
June 17, 2008 - DENVER - The Colorado Department
of Public Health and Environment has issued a notice of
violation to CEMEX, alleging various violations of state air
quality regulations and operating permit conditions at the
company’s Lyons cement plant northwest of Boulder.
“We are concerned that CEMEX continues to operate this
facility without direct and consistent focus on compliance
with air quality regulations and the facility’s permit,”
said Paul Tourangeau, director of the department’s Air
Pollution Control Division. “We expect this plant to be
operated in compliance with the law, and will continue to
take the actions necessary to produce that result.”
The current notice of violation is the result of several
on-site inspections of the plant by the Air Pollution
Control Division and inspectors from the Boulder County
Health Department in 2007 and 2008. Among the allegations
reflected in the notice are opacity violations, failure to
conduct necessary stack tests in a timely fashion, failure
to operate monitoring equipment within requirements, failure
to file appropriate and timely air pollutant emission
notices, and record-keeping errors.
As part of the notice of violation process, the company
will have an opportunity to respond to the allegations,
submit data and discuss whether assessment of civil and
noncompliance penalties is appropriate.
Since 2000, the Colorado Department of Public Health and
Environment has entered into four separate compliance orders
on consent with CEMEX over alleged noncompliance issues at
the Lyons plant. A compliance order on consent is the
settlement agreement that resolves the alleged noncompliance
issues that resulted in the notice of violation. This notice
of violation is the latest in a series of enforcement
actions taken by state and federal authorities against CEMEX
during the last several years, including a state action in
2006 that resulted in a $1.5 million penalty. The 2006
penalty was the second-largest penalty ever assessed by the
Colorado Air Pollution Control Division.
In addition to the state actions, the U.S. Environmental
Protection Agency issued its own notice of violation in
March 2007 that has yet to be resolved.
The Colorado Air Quality Control Commission conducted a
public hearing at its March 2008 regular meeting during
which representatives from the Colorado Department of Public
Health and Environment, CEMEX, local authorities and
community members provided information and comments on
facility operations and permit compliance.
CEMEX is one of the world’s leading building materials
suppliers, providing cement and concrete products for
construction projects. Founded in Mexico in 1906, CEMEX
operates numerous cement plants, distribution terminals and
quarries in the United States and abroad.
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Notice of Violation [PDF 126 KB] |
