EPA v. CEMEX, INC. (KNOXVILLE, TN; DEMOPOLIS, AL; LOUISVILLE, KY PLANTS) (NC) (LEAD)

Case summary

DEFENDANTS CEMEX, INC., CEMEX CONSTRUCTION MATERIALS SOUTH, LLC AND CEMEX CONSTRUCTION MATERIALS ATLANTIC, LLC WILL INVEST APPROX $10 MILLION TO CUT EMISSIONS OF HARMFUL AIR POLLUTION AT 5 CEMENT MANUFACTURING PLANTS IN AL, KY, TN, AND TX TO RESOLVE ALLEGED VIOLATIONS OF THE CAA. UNDER THE CD, CEMEX WILL ALSO PAY A $1.69 MILLION PENALTY, CONDUCT ENERGY AUDITS, AND SPEND $150,000 ON ENERGY EFFICIENT PROJECTS TO MITIGATE THE EFFECTS OF PAST EXCESS NOx EMISSIONS FROM ITS FACILITIES. THE FIVE CEMEX FACILITIES PRODUCE PORTLAND CEMENT, A KEY INGREDIENT IN CONCRETE, MORTAR, AND STUCCO, AND ARE LOCATED IN DEMOPOLIS, AL; LOUISVILLE, KY; KNOXVILLE, TN; NEW BRAUNFELS AND ODESSA, TX. THE KNOX COUNTY, TN, AND LOUISVILLE, KY, AIR POLLUTION CONTROL AUTHORITIES PARTICIPATED IN THIS SETTLEMENT. CEMEX IS REQUIRED TO INSTALL POLLUTION CONTROL TECHNOLOGY THAT WILL REDUCE EMISSIONS OF NITROGEN OXIDES (NOx) AND ESTABLISH STRICT LIMITS FOR SULFUR DIOXIDE (SO2) EMISSIONS, WHICH WILL IMPROVE AIR QUALITY IN LOCAL COMMUNITIES. CEMEX WILL INSTALL AND CONTINUOUSLY OPERATE A SELECTIVE NON-CATALYTIC REDUCTION SYSTEM FOR CONTROLLING NOx AT THE 5 PLANTS AND MEET EMISSION LIMITS THAT ARE CONSISTENT WITH THE CURRENT BEST AVAILABLE CONTROL TECHNOLOGY FOR NOx. EPA ESTIMATES THIS WILL RESULT IN NOx EMISSIONS REDUCTIONS OF OVER 4,000 TONS PER YEAR. EACH FACILITY WILL ALSO BE SUBJECT TO STRICT CO2 EMISSION LIMITS. NOx AND SO2, TWO KEY POLLUTANTS EMITTED FROM CEMENT PLANTS, HAVE NUMEROUS ADVERSE EFFECTS ON HUMAN HEALTH AND ARE SIGNIFICANT CONTRIBUTORS TO ACID RAIN, SMOG, AND HAZE. THE POLLUTANTS ARE CONVERTED IN THE AIR INTO FINE PARTICLES OF PARTICULATE MATTER THAT CAN CAUSE SEVERE RESPIRATORY AND CARDIOVASCULAR IMPACTS, AND PREMATURE DEATH. REDUCING THESE HARMFUL AIR POLLUTANTS WILL BENEFIT THE COMMUNITIES LOCATED NEAR THE CEMEX PLANTS, PARTICULARLY COMMUNITIES DISPROPORTIONATELY IMPACTED BY ENVIRONMENTAL RISKS AND VULNERABLE POPULATIONS, INCLUDING CHILDREN. THIS SETTLEMENT IS PART OF EPA'S NATIONAL ENFORCEMENT INITIATIVE TO CONTROL HARMFUL EMISSIONS FROM LARGE SOURCES OF POLLUTION, WHICH INCLUDES CEMENT MANUFACTURING PLANTS, UNDER THE CAA'S PREVENTION OF SIGNIFICANT DETERIORATION REQUIREMENTS. THE TOTAL COMBINED SO2 AND NOx EMISSION REDUCTIONS SECURED FROM CEMENT PLANT SETTLEMENTS UNDER THIS INITIATIVE WILL EXCEED 75,000 TONS EACH YEAR ONCE ALL THE REQUIRED POLLUTION CONTROLS HAVE BEEN INSTALLED AND IMPLEMENTED. CD TERMINATED BY COURT ON 2/26/2026.

Defendants (3)

• CEMEX CONSTRUCTION MATERIALS ATLANTIC, LLCNamed in complaintNamed in settlement
• CEMEX CONSTRUCTION MATERIALS SOUTH, LLCNamed in complaintNamed in settlement
• CEMEX, INC.Named in complaintNamed in settlement

Facilities (9)

• CEMEX CONSTRUCTION MATERIALS ATLANTIC, LLC - KNOXVILLE CEMENT PLANT

  6212 CEMENT PLANT RD, KNOXVILLE, TN, 37924

  Registry ID: 110009789318

• CEMEX SOUTHEAST LLC

  1617 ARCOLA ROAD, DEMOPOLIS, AL, 36732

  Registry ID: 110000741298

• KOSMOS CEMENT COMPANY LLC

  15301 DIXIE HIGHWAY, LOUISVILLE, KY, 40272

  Registry ID: 110071045284

• CEMEX SOUTHEAST LLC

  1617 ARCOLA ROAD, DEMOPOLIS, AL, 36732

  Registry ID: 110000741298

• CEMEX SOUTHEAST LLC

  1617 ARCOLA ROAD, DEMOPOLIS, AL, 36732

  Registry ID: 110000741298

• KOSMOS CEMENT COMPANY LLC

  15301 DIXIE HIGHWAY, LOUISVILLE, KY, 40272

  Registry ID: 110071045284

• KOSMOS CEMENT COMPANY LLC

  15301 DIXIE HIGHWAY, LOUISVILLE, KY, 40272

  Registry ID: 110071045284

• KOSMOS CEMENT COMPANY LLC

  15301 DIXIE HIGHWAY, LOUISVILLE, KY, 40272

  Registry ID: 110071045284

• CEMEX SOUTHEAST LLC

  1617 ARCOLA ROAD, DEMOPOLIS, AL, 36732

  Registry ID: 110000741298

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 113A — Violation of Existing Administrative Order

Enforcement conclusions (1)

• CEMEX, INC. (KNOXVILLE, TN; DEMOPOLIS, AL; LOUISVILLE, KY PLANTS) (NC) (LEAD) (04-2017-C003)entered 2016-11-29

  Primary law: CAA

  Federal penalty: $774,000 · State/local: $400,000

Timeline (9 milestones)

• 2009-03-31Referred To Dept Of Justice
• 2009-04-02Enforcement Action Data Entered
• 2015-05-28Supplemental Referral-Adding parties, counts
• 2016-07-27Final Order Lodged
• 2016-07-27Complaint Filed With Court
• 2016-11-29Final Order Entered
• 2016-11-29Concluded
• 2026-02-26Air Resolved
• 2026-02-26Enforcement Action Closed