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COMPLIANCE ORDER ON CONSENT <br />1n the Maser of CEMEX, INC. <br />AIRS # 013/0003 <br />Permit No.'s 93B01414F, 94B0593, 98B00259, 98B00292 and 98B00315; <br />b. Colorado Air Quality Control Commission ("AQCC") Regulation No. 6, Part A, <br />which incorporates by reference 40 C.F.R. Part 6Q Subpart F, Standards of <br />Performance for Portland Cement Plants ("Subpart F"); and <br />c. AQCC Regulation No. 8, Part E, Section IILDD, which incorporates by reference <br />40 C.F.R. Part 63, Subpart LLL, National Emission Standards for Hazardous Air <br />Pollutants From the Portland Cement Manufacturing Industry ("Subpart LLL"). <br />5. Ms. Gabi Hoefler and Ms. Pam Milmoe, of the Boulder County Health <br />Department ("BCHD"), and duly delegated representatives of the Division (hereinafter referred <br />to as "the inspectors"), conducted a series of inspections and surveillances of the Plant in <br />September and November 2002. Based upon a review of the inspectors' observations and other <br />records, the Division has made the following compliance determinations. <br />6. Cemex is required to operate the Plant's Outdoor Clinker Storage area so that <br />"the drop of clinker to the outside chute shall be managed with a seal between the hopper and <br />material during operation to allow effective operation of the dust collector such that emissions <br />are minimized." On September 30, 2002, the inspectors observed excessive emissions from the <br />clinker pit/clinker load-out area, and noted that, due to the frequency at which the clinker <br />stockpile was being emptied, the hopper's chute-to-stockpile drop distance increased so as to <br />cause the loss of the system's seal and the resultant excess emissions, in violation of Permit No. <br />950PB0082, Section II, condition 11.6.8. <br />7. Cemex is required to ensure that the roads and edges of clinker piles are watered <br />as necessary to abate fugitive particulate emissions. On September 30 and November 19, 2002, <br />the inspectors noted that the haul road south of and behind the Sheltered Clinker Storage <br />Stockpile (the "A-Frame") was dry, and they observed excessive fugitive dust emissions coming <br />from the azea, in violation of Permit No. 950PB0082, Section II, condition 11.6.1. <br />8. Cemex is required to (1) water, clean on a regulaz basis, and otherwise manage <br />spills and accumulations of particulate matter on roadways to ensure that such spills and <br />accumulations do not contribute to fugitive emissions during operation; and (2) to suspend or <br />reroute vehicle traffic as necessary to minimize the fugitive emissions from areas with such <br />spills and accumulations. On November 19, 2002, the inspectors noted the paved entrance into <br />the Plant was very dusty and that cement trucks and other vehicles traveling through the area <br />contributed to excessive fugitive dust emissions, in violation of Permit No. 950PB0082, Section <br />II, condition 11.6.6. <br />9. On March 26, 2003, Mr. Paul Carr, of the Division, conducted a full compliance <br />inspection of the Plant. Follow-up inspections of the Plant were conducted on May 2 and May <br />13, 2003 (these Mazch and May 2003 inspections aze hereinafter referred to collectively as "the <br />inspections"}. Mr. Steve Mossberg, of Cemex, accompanied Mr. Carr during these inspections. <br />Based upon a review of the inspections and other records, the Division has made the following <br />additional compliance determinations. <br />2 <br />