EPA v. Cemex Cement Of Texas-CAA Consent Decree (National Case)(HQ Lead)

Case summary

On April 10, 2018, the Department of Justice lodged a proposed Second Amendment of Consent Decree with the United States District Court for the Eastern District of Tennessee in the lawsuit entitled United States et al. v. Cemex Inc., et al., Civil Action No. 3:16?cv?471. The Consent Decree was modified by a first amendment to transfer Odessa obligations to GCC Permian LLC, which now owns the Odessa Plant. The 1st amendment was approved by the Court on January 31, 2017. The proposed Second Amendment relates solely to requirements in the original Consent Decree applicable to two kilns at the Odessa, Texas facility. The amendment is necessitated by the technical impracticability of achieving the specified interim emission limit for NOx on Kiln 1. The proposed Second Amendment resolves this development by increasing the interim limit on Kiln 1 while accelerating the deadline for installing NOx control technology and achieving a NOx emission limit on Kiln 2. The amendment will result in a net NOx emission reduction over the life of the Consent Decree. On July 27, 2016, U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) announced a settlement with Cemex, Inc., under which the company will invest approximately $10 million to cut emissions of harmful air pollution at five of its cement manufacturing plants in Alabama, Kentucky, Tennessee and Texas to resolve alleged violations of the Clean Air Act. Under the consent decree lodged in the U.S. District Court for the Eastern District of Tennessee, Cemex will also pay a $1.69 million civil penalty, conduct energy audits at the five plants, and spend $150,000 on energy efficiency projects to mitigate the effects of past excess emissions of nitrogen oxides (NOx) from its facilities. The Balcones facility (New Braunfels, TX) requested partial termination of the CD on 10/27/2020. The CD was terminated for Balcones on 6/28/2021.

Defendants (1)

• Cemex Cement of Texas, L.P.Named in complaintNamed in settlement

Facilities (6)

• ODESSA CEMENT PLANT

  16501 W MURPHY ST, ODESSA, TX, 79763

  Registry ID: 110013317035

• CEMEX CEMENT OF TEXAS LP

  2580 WALD ROAD, NEW BRAUNFELS, TX, 78132

  Registry ID: 110070754634

• ODESSA CEMENT PLANT

  16501 W MURPHY ST, ODESSA, TX, 79763

  Registry ID: 110013317035

• CEMEX CEMENT - ODESSA

  16501 WEST MURPHY STREET, ODESSA, TX, 79760

  Registry ID: 110069548396

• ODESSA CEMENT PLANT

  16501 W MURPHY ST, ODESSA, TX, 79763

  Registry ID: 110013317035

• CEMEX CEMENT OF TEXAS

  2580 WALD RD, NEW BRAUNFELS, TX, 78132

  Registry ID: 110070754634

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 173 — New Source Review Permit Requirements
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (2)

• GCC Permian-Cemex Cement Of Texas-CAA Consent Decree (National Case)(HQ Lead)-2nd Amendentered 2018-07-11

  Primary law: CAA

• Cemex Cement Of Texas-CAA Consent Decree (National Case)(HQ Lead)-Incl 1st Amendentered 2016-11-29

  Primary law: CAA

  Federal penalty: $516,000 · SEP: $75,000

Timeline (9 milestones)

• 2009-04-02Referred To Dept Of Justice
• 2009-05-11Enforcement Action Data Entered
• 2012-09-01Supplemental Referral-Other
• 2016-07-27Complaint Filed With Court
• 2018-04-10Final Order Lodged
• 2018-07-11Final Order Entered
• 2024-08-08Concluded
• 2024-08-08Air Resolved
• 2024-08-30Enforcement Action Closed