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CEMEX’s Title V Permit is Up For Renewal Now
Written Public Comments were submitted to the Title V Unit by November 11, 2023.
Our community provided 2.5 hours of verbal testimony at a hearing before the AQCC on January 5, 2024.
Next Steps
CDPHE has 30 days to approve, deny, or modify the permit (Feb. 6).
The EPA then has 45 days to respond (Mar. 22).
We then have 60 days to appeal any decisions by CDPHE and the EPA regarding the permit (May 21).
What is Good Neighbors of Lyons trying to accomplish?
Built in 1969, the CEMEX Lyons plant has been largely permitted with (grandfathered) 1960s air quality standards. In short, we want to modernize what is expected of CEMEX.
The purpose of CEMEX’s Title V (Air Quality) Operating Permit is to improve compliance with the Clean Air Act by providing clear and actionable requirements for the plant to follow. At the very minimum, we think CEMEX’s Title V Permit renewal needs:
Improved Monitoring Requirements
The current permit conditions lacks specificity, leading to gaps in emissions standards compliance and accountability. These deficiencies are apparent in several permit clauses, such as those permitting averaging of emissions over extended periods or the absence of direct monitoring of particulate matter. Additionally, there is a notable lack of transparency and effectiveness in data reporting, with inadequate checks to validate self-reported accuracy. Key objectives of Title V, namely pollution prevention and enforcement facilitation, are undermined by these shortcomings. Continuous Emissions Monitoring Systems on all possible emission sources and enhanced specificity are essential for true accountability.
Stricter Conditions
The chronic non-compliance of CEMEX, particularly with respect to fugitive dust control, necessitates a more stringent regulatory framework to ensure effective enforcement. Technological advancements and clear accountability measures are long overdue, which has led to persistent violations without notable operational improvements. The permit must not only comply with the best available standards but also eliminate existing ambiguities that allow for loopholes in compliance and even increased emissions over historical levels. Considering the draft permit’s omissions and vague references to potential emission sources, a comprehensive Air Quality Impact Assessment is essential to evaluate all emission sources at the plant and also Dowe Flats mine.
Harsher and More Timely Consequences for Non-Compliance
CEMEX's record of repeated Clean Air Act violations, particularly in failing to address the root causes of toxic fugitive dust, highlights the necessity for definitive and prompt punitive measures. The plant's history shows a preference for paying fines over making essential capital improvements, as evidenced by the recent $357k settlement with CDPHE. The current system of delayed and often ineffective penalties has failed to ensure compliance or operational improvements. Immediate and substantial consequences for each violation are crucial to shift CEMEX's approach from financial settlements to tangible, corrective actions.
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A Title V permit is issued under the Clean Air Act (administered by the EPA and CDPHE). Title V permits are required for "major sources" of air pollution. The objective of Title V is to improve compliance with the Clean Air Act by clarifying what facilities must do to control air pollution, thereby making it easier for regulators, the public, and facility operators to understand and enforce these requirements.
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Our written comments went to the technical team who drafted the Title V permit, whereas this public hearing process is before the Colorado Air Quality Control Commission (AQCC). The AQCC is appointed by the governor and authorized by the Colorado General Assembly to oversee Colorado’s air quality program. We requested this public hearing process before the AQCC as an additional layer of accountability and visibility to our requests for much-needed modifications to CEMEX’s Title V permit.
Want to Speak Up, But Not Sure What to Say?
Breaking Down Our Concerns with CEMEX’s Title V
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Inadequate Monitoring & Weak Conditions
Requested Actions:
Ensure Consistent and Regular Monitoring:
1) Mandate the use of CEMS for real-time tracking of all critical emissions (every stack).
Specifically, mandate the use of CEMS for real-time tracking of CO2, NOx, and PM emissions, in line with the Clean Air Act under 40 CFR Part 60.
Specify immediate corrective actions for violations, such as temporary shutdowns or mandatory technology upgrades.
2) Remove the four-hour loophole and require daily visible emissions observations regardless of operational status to capture any unexpected emission events.
3) Daily, rather than monthly, compliance checks.
4) Direct monitoring of PM and PM10 emissions rather than reliance on emission factors.
5) Revise the language to specify what constitutes "operations" and "cement plant" with clear examples and scenarios that necessitate monitoring; any activity that may result in emissions, not just the processing and manufacturing aspects, should be included.
Reduce Emissions Limits
6) Revise allowable emissions rates to align with the facility's current operational use, rather than its design capacity.
7) Establishment of a RACT-based VOC emission limit that reflects the maximum degree of control achievable given the outcomes of these feasibility studies.
Improve Opacity Limit Enforcement
8) Clear definitions of the activities and sources subject to opacity limits.
9) Immediate opacity testing when visible emissions are observed.
10) Implement more stringent opacity limits based on modern control technologies.
11) Require EPA recommendations for minimizing and preventing CKD dust emissions by including the following language (ref. Condition 10.6.2.1):
On-site handling of CKD in closed, covered vehicles and conveyance devices; and
Keeping cement kiln dust in enclosed tanks, containers, and buildings when temporarily stored for disposal or sale.
Improve Transparency and Accountability
12) Mandate detailed recordkeeping and reporting for all instances where visible emissions observations are deemed unnecessary, with clear criteria that must be met and documented.
13) Include a requirement for third-party verification of compliance with these conditions to enhance transparency and community trust.
14) Remove the "Emergency Provisions" condition in Section IV.
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Lack of True Corrective Actions
Requested Actions:
1) Mandate the implementation of corrective actions such as upgrading to cleaner technology, consistent with the "Best Available Control Technology" (BACT) standards under the Clean Air Act.
2) Establishment of a RACT-based VOC emission limit that reflects the maximum degree of control achievable given the outcomes of these feasibility studies.
3) Mandate the use of CEMS for real-time tracking of all critical emissions (every stack).
4) Incorporate a "three-strikes" policy supported by the "Prevention of Significant Deterioration" (PSD) provisions under the Clean Air Act.
5) Require specific protocols like recording and responding to incidents such as spills, high speeds, insufficient moisture, and malfunctioning sprinklers. These steps should be aimed at preventing CKD dust from escaping and complement existing obligations to monitor and address dust emissions post-occurrence. (Ref. Condition 12.7.1)
6) Require EPA recommendations for minimizing and preventing CKD dust emissions by including the following language (ref. Condition 10.6.2.1):
On-site handling of CKD in closed, covered vehicles and conveyance devices; and
Keeping cement kiln dust in enclosed tanks, containers, and buildings when temporarily stored for disposal or sale.
7) Require the paving of frequently used haul roads to effectively control and reduce fugitive dust emissions. This modification is justified by the significant increase in truck traffic, more than 100%, and is economically viable, considering CEMEX's production of cement. The paving would also alleviate the ongoing issue of material spillage onto Highway 66. (Ref. Condition 13.4 and Subsections)
8) Require the installation of cameras across active plant areas to continuously monitor and promptly address the origins of dust emissions, with video footage retained for verification purposes. Given the discrepancy between plant records and community-reported fugitive dust events, more frequent review of operations would pinpoint issues, necessitate timely interventions, or confirm the current observation practices' effectiveness. (ref. Condition 15.1)
