Colorado Department of Public Health and Environment Alleges Violations at CEMEX Cement Plant in Lyons

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.

• PDF file of the Notice of Violation