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COMPLIANCE ORDER ON CONSENT In the Maser of CEME3~ INC. AIRS # 013/0003 readings from the identified emissions sources at the Plantt: a. 28.3°to from the A-Frame; and b. 26.9% from the transfer point at the top of the A-Frame. On July 2, 2003, Mr. Carr documented the following six-minute average opacity readings from the identified emissions sources at the Plant: c. 35.2% from Outdoor Clinker Storage Pit; d. 24.8% from the A-Frame; and e. 22.1% from Finish Mill's Auxiliary Dust Collector. Cemex operated the emissions sources identified in a-d above in violation of Permit No. 950PB0082, Section II, condition 24.10.4; Subpart LLL, section 63.1348; and AQCC Regulation No. 1, Part II.A.1. Cemex operated the emissions source identified in a above in violation of Permit No. 950PB0082, Section II, condition 24.10.3; Subpart LLL, section 63.1347; and AQCC Regulation No. 1, Part ILA.1. Cemex shutdown the A-Frame, effective July 2, 2003. ' 23. Cemex, in accordance with Section 2.2 of its Operation and Maintenance Plan ("O&M Plan")2 for the Plant's emissions sources subject to Subpart LLL, is required to inspect the Plant's affected dust collectors "for leaks in ducts, housings and hoppers, check timers, check exhaust for dust, check differential pressure and pulse mechanisms" on a weekly basis. This requirement under Subpart LLL became effective on June 14, 2002. On July 2, 2002 EPA partially withdrew Section b3.1350(a)(4)(v) through (vii). On December 6, 2002 EPA promulgated a final rule for Subpart LLL, including Section 63.1350(ax4)(vi)and (vii). Cemex Permit No. 950PBP082 was amended on October 8, 2002 to incorporate the Subpart LLL requirements, including the O&M Plan. Records indicate that Cemex failed to inspect this equipment from June 13, 2002 through July 1, 2003, in violation of Permit No. 950PB0082, Section II, condition 24.4.2 and Subpart LLL, sections 63.1350(a) and 63.1350(b). The O&M Pian will be revised during the Title V renewal. 24. Monthly visible emissions tests performed on the A-Frame from June 14, 2002 through July 1, 2003, did not include each side and vent of the building as required by Subpart LLL, section 63.1350(a}(4)(vii}. Furthermore, Cemex failed to conduct 6-minute tests of opacity in accordance with Subpart LLL, section 63.1350(a)(4)(iv) within one hour of visible emissions observed during Method 22 tests conducted on June 20, September 27, and October 22, 2002. 25. Construction Permit No. 98B00259, condition 10, which is incorporated into Operating Permit No. 950P0082, requires emissions from the Plant's A-Frame to be exhausted through a baghouse. From Apri12001 through August 2003, Cemex operated the Plant's A- Frame without the required baghouse in violation of Permit Nos. 98B00259 and 950P0082. t Using U.S. EPA Reference Method 9, recorded on the Division's Visible Emissions Observation form. 2 CEMEX' O&M Plan was submitted to the Division on or about June 13, 2002.