EPA v. Cemex, Inc.

Case summary

Beginning in 1997, and ending some time in 1999, CEMEX modified its Facility, including upgrading the Raw Mill System, the Kiln System, the Finish Mill System and the Oxygen Plant in an effort to increase production. CEMEX failed to notify EPA of its plans for the construction of this modification, the commencement of construction of this modification, or the commencement of the operation of the modified Facility. EPA was unaware of and did not discover the modification until EPA inspected the CEMEX Facility in 2006. The modification resulted in a significant net emissions increase of NOx. That net emissions increase triggered the PSD requirements. For the modification described above CEMEX failed to apply for, obtain and operate its Facility pursuant to a PSD permit and failed to apply for, obtain and operate its Facility pursuant to a proper Title V permit. By failing to apply for and obtain a PSD permit for its Facility, Defendant failed to: 1) undergo proper PSD BACT analysis; 2) install and operate the best available control technology for the control of NOx; 3) demonstrate that allowable emission increases from the modification would not cause or contribute to air pollution violations; and 4) provide for review and public comment on the air quality impacts of the modification.

Defendants (1)

• Cemex, Inc.Named in complaintNamed in settlement

Facilities (12)

• CEMEX INCORPORATED

  5134 UTE HIGHWAY, LYONS, CO, 80540

  Registry ID: 110000467450

• CEMEX INCORPORATED

  5134 UTE HIGHWAY, LYONS, CO, 80540

  Registry ID: 110000467450

• CEMEX INCORPORATED

  5134 UTE HIGHWAY, LYONS, CO, 80540

  Registry ID: 110000467450

• CEMEX INCORPORATED

  5134 UTE HIGHWAY, LYONS, CO, 80540

  Registry ID: 110000467450

• CEMEX CONSTRUCTION MATERIALS - LYONS

  5134 UTE HWY, LYONS AREA, CO, 80503

  Registry ID: 110000467450

• CEMEX INCORPORATED

  5134 UTE HIGHWAY, LYONS, CO, 80540

  Registry ID: 110000467450

• CEMEX CONSTRUCTION MATERIALS - LYONS

  5134 UTE HWY, LYONS AREA, CO, 80503

  Registry ID: 110000467450

• CEMEX INCORPORATED

  5134 UTE HIGHWAY, LYONS, CO, 80540

  Registry ID: 110000467450

• CEMEX CONSTRUCTION MATERIALS - LYONS

  5134 UTE HWY, LYONS AREA, CO, 80503

  Registry ID: 110000467450

• CEMEX CONSTRUCTION MATERIALS - LYONS

  5134 UTE HWY, LYONS AREA, CO, 80503

  Registry ID: 110000467450

• CEMEX CONSTRUCTION MATERIALS - LYONS

  5134 UTE HWY, LYONS AREA, CO, 80503

  Registry ID: 110000467450

• CEMEX CONSTRUCTION MATERIALS - LYONS

  5134 UTE HWY, LYONS AREA, CO, 80503

  Registry ID: 110000467450

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112 — Hazardous Air Pollutants
• CAA 173 — New Source Review Permit Requirements
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• Cemex, Inc.entered 2013-06-12

  Primary law: CAA

  Federal penalty: $1,000,000

Timeline (7 milestones)

• 2007-08-15Referred To Dept Of Justice
• 2007-08-27Enforcement Action Data Entered
• 2009-01-06Complaint Filed With Court
• 2013-04-19Final Order Lodged
• 2013-06-12Final Order Entered
• 2018-03-28Enforcement Action Closed
• 2018-03-28Air Resolved