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COMPLIANCE ORDER ON CONSENT <br />In die Matter of CEME7~ INC. <br />AIRS # 013/0003 <br />26. On or about June 20, 2003, Cemex filed an Air Pollution Emission Notice <br />("APEN"} that estimated controlled emissions of 0.82 tons(year of PM and 0.41 tonsfyear of <br />PM~o, The APEN identified a baghouse with an overall collection efficiency of 49% as the <br />pollution control equipment on the A-Frame transfer point. At the time the APEN was filed, <br />there was no baghouse on the A-Frame transfer point, and had not been such a baghouse for at <br />least two years. Actual emissions from the point were higher than the emissions rate reported in <br />the APEN. <br />27. Cemex was required to submit to the Division a revised APEN for and prior to <br />operating the A-Frame without the baghouse. This APEN was to reflect the changes in the <br />operation and the corresponding changes in PM/PMIO emissions and permit limitations. Cemex <br />failed to submit a revised APEN for these changes with the Plant's A-Frame, in violation of <br />AQCC Regulation No. 3, Part A, Section ILC.1 (a, c and d). <br />28. In 2001, 2002, and 2003, emissions of PM and PM10 from the Plant's A-Frame <br />exceeded permitted emissions limits in violation of Permit No. 950PB0082, Section II, <br />condition 11.3. PM emissions may not to exceed 0.82 tpy. PMIo emissions may not exceed 0.41 <br />tpy, 0.05 tons per month, or 7.5 pounds per day. <br />29. Cemex failed to pay annual fees for the excess PM and PMIO emissions from the <br />Plant's A-Frame from Apri12001 through August 2003, in violation of Permit No. 950PB0082, <br />Section IV, condition 8(a) and § 25-7-114.7(2xaxI), C.R.S. <br />30. Cemex failed to operate the Plant's A-Frame from Apri12001 through August <br />2003 in a manner consistent with good air pollution control practices for minimizing emissions, <br />in violation of Permit No. 950PB0082, Section II, condition 19, and 40 C.F.R. Part 60, Subpart <br />A, section 60.11(d). <br />31. The Division, based on available information, and after making reasonable <br />inquiries, has determined that the dust control equipment required for the control of PM and <br />PM~o emissions from the A-Frame has been inoperative since at least April 2001 through August <br />2003. Cemex therefore failed to operate the Plant's A-Frame in continuous compliance with the <br />permit conditions and limits during this time. However, Cemex reported in its 2001 and 2002 <br />Annual Compliance Certifications submitted to the Division that the A-Frame was operated at <br />all times in compliance with the permit requirements, in violation of Permit No. 950PB0082, <br />Section IV, condition 2(a) and AQCC Regulation No. 3, Part C, Section IILB.9. <br />32. As discussed above, Cemex stopped operating the A-Frame on July 2, 2003. The <br />problems with the A-Frame require Cemex to stop using the A-Frame until the problems can be <br />remedied, as set out below. In the meantime, the only way for Cemex to continue operations is <br />to store clinker at the outdoor clinker storage area, which is identified in the operating permit as <br />PO 10A. Permit No. 950PB0082, section II, condition 11 limits material handling at the outdoor <br />clinker storage area to 180,000 tons of clinker per year. Cemex has already reached, or is close <br />to reaching that limit. <br />33. Cemex has performed additional internal due diligence and voluntarily disclosed <br />