Your Voice Matters: Why CEMEX's Title V Permit Renewal Needs Improvement

CEMEX Lyons is a 54-year old, coal-fired cement plant that has been enjoying outdated air quality standards for decades in an area with ozone "Severe Nonattainment" status as of November 17, 2022. In short, it is time to modernize what is expected of CEMEX.

The 1960s were an era where it was acceptable to drive without seatbelts, smoke in public places, dump industrial waste with zero regulation, and use asbestos liberally - we’ve learned a lot since then, and CEMEX should no longer be able to enjoy largely operating the way they did back then.

The CEMEX Lyons draft Title V Operating Permit falls short of meeting most of the key objectives of the Title V Program, namely, ensuring compliance with the Clean Air Act, improving air quality, facilitating enforcement, increasing transparency, improved monitoring and reporting, and encouraging pollution prevention.

Given Cemex's long-standing history of noncompliance, environmental degradation, and neglect for public health, we believe that substantial revisions must be made to their permit in order for the Title V to fulfill its purpose. 

At the very minimum, this Title V permit needs: 

1. Improved Monitoring Requirements: The current permit conditions for the CEMEX Lyons Cement Plant lack the requisite specificity and rigor, 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. To align CEMEX's draft permit with these objectives, comprehensive monitoring, real-time data acquisition, and enhanced specificity for true accountability are essential. Proposed amendments to improve monitoring requirements include:

• Require continuous monitoring of all critical emissions

• Remove the 4-hour loophole and require daily visible emissions observations

• Require daily compliance checks instead of monthly (ref. Section II, Condition 2.1)

• Direct monitoring of PM and PM10 emissions; do not rely on emission factors  (ref. Section II, Condition 2.2)

• Revise language to specify monitoring of all activities that may result in emissions, not just processing and manufacturing

• Reduce the emissions limits; current allowable emissions are double historical use

• Establish RACT-based VOC emissions limits

• Improve opacity limit enforcement with clear definitions of activities and sources, and require immediate Method 9 testing when emissions are observed  (ref. Section II, Condition 2.4)

• Require more stringent limits based on model control technologies

• Require EPA recommendations for CKD emissions (ref. Condition 10.6.2.1) - specifically, 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

• Require real-time and transparent data reporting

• Require third party verification of compliance of required conditions to establish community trust

2. 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. The facility’s operations significantly contribute to regional ozone levels and nitrogen deposition, heightening public health risks and ecological harm. The current permit conditions, however, inadequately address the need for technological advancements and clear accountability measures. This has led to persistent violations without notable operational improvements. To rectify this, the permit must not only comply with the best available standards but also eliminate existing ambiguities that allow for loopholes in compliance. 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 facility and Dowe Flats. Proposed modifications include:

• Mandate the use of BACT for all emission sources

• Require regular environmental audits and mandate regular updates to emission control technologies to stay current

• Require explicit penalties, fines, and corrective actions for every violation; review of the control plan, the current ‘penalty’, has been proven ineffective for 30+ years

• Require 24/7 monitoring for fugitive dust events, as well as the control measures in place that are intended to prevent them

• 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)

• Require the paving of frequently used haul roads to control and reduce fugitive dust emissions and the ongoing issue of material spillage onto Highway 66; CEMEX increased its truck traffic by more than 100% (230 new trips per day) in October 2022 (Ref. Condition 13.4 and Subsections)

• Require installation of cameras across active plant areas for continuous monitoring, and immediate identification of dust emission origins; video footage shall be retained for verification purposes to identify the root cause of the regular discrepancies between plant records and community-reported fugitive dust events (ref. Condition 15.1)

• Require a comprehensive Air Quality Impact Assessment that evaluates the cumulative impact of all emission sources at the facility.

• Include additional emission factors related to the Dowe Flats mine and a detailed accounting of "process fugitives"

• Deny CEMEX's request to remove the Dowe Flats crusher and conveyor from their emissions limits until such equipment is fully deconstructed and verified as non-operational

• Require a third party assessment of the full environmental impact of CEMEX’s requested modification to remove the limestone throughput limits

• Include emissions from mobile sources directly related to CEMEX's business activities, including, but not limited to, trucking and other transportation means, in the facility's total emissions counts with appropriate monitoring, limits, and consequences for violations in place

• Require additional monitoring/reporting to determine raw material inventory and throughputs

3. Harsher and More Timely Consequences: 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. The following modifications to the permit are proposed to enforce compliance and address the long-standing issue of non-compliance effectively:

• Require that any violation of the control plan must result in immediate corrective measures, specifically capital improvements, not just fines

• Require and define clear, substantial penalties and fines for every violation; the penalties must be severe enough to deter non-compliance as the status quo does not

• Require immediate penalty imposition; violations detected should result in immediate, proactive, and publicly transparent action, without waiting for annual inspection reports that are typically issued 12-18 months after inspection

• Specify explicit and timely penalties, fines, and corrective actions for every violation of the control plan

• Implement a "three-strikes" policy, where after three violations, the facility must cease operations until it can demonstrate compliance

These proposed revisions to CEMEX's Title V Operating Permit are not only necessary but imperative to align the facility’s operations with modern environmental standards and public health considerations. The modifications outlined aim to close existing gaps in compliance and enforcement, ensuring a healthier, more sustainable environment for our community. We want the Commission to consider these recommendations thoroughly and act decisively for the betterment of our air quality, public health, and environmental integrity. The community's well-being and the preservation of our natural resources depend on the forward-thinking actions we take today.As a community, we must seize this opportunity to voice our concerns and advocate for meaningful changes. The health of our air, the well-being of our community, and the integrity of our environment depend on it.

Join us on Friday, January 5, 2024 at 4pm (Zoom Link to Register) for the public hearing before the Air Quality Control Commission on CEMEX’s Title V Permit.