Cemex fined $357K for Boulder County air pollution violations, faces more probes
Cemex plant at Lyons faces Colorado air pollution fines, new probe The Colorado Sun
State Air Pollution Inspectors Fine Cemex’s Boulder County Cement Factory for Violations
State air pollution inspectors have fined Cemex’s Boulder County cement factory $357,000 for multiple violations in 2020 and 2021, and are now probing more possible infractions found in a 2022 inspection, according to health department officials and a consent agreement.
Neighbors Demand Investigation and Closure of Cement Kiln
Neighbors emboldened by a surprise forced closure of the raw materials mine that until this year was paired with the cement kiln say they will keep pushing the state, county land use regulators, and other agencies to investigate complaints and move towards shutting down the kiln.
Consent Decree and Ongoing Investigations
Cemex in May signed a consent decree agreeing to pay a fine for the earlier state violations — while not admitting any fault — nearly two years after an Air Pollution Control Division inspector visited the Lyons property and discovered the problems. Cemex was cited for broken filtering equipment failing to capture kiln dust, monitors for pollutants like mercury, sulfur dioxide, and nitrogen oxides going offline for long periods, and excess dust plumes.
State Air Pollution Control Division officials cannot discuss the newer violations currently under investigation, division chief Michael Ogletree said. But those reviews will continue until the state decides on potential sanctions, he said.
Cemex’s Response and Commitment
Cemex, as it did during 2022 hearings with Boulder County Commissioners who ultimately rejected a permit extension for the mine near Lyons, emphasized the utility of cement products throughout Colorado and the jobs created by continuing to operate the cement kiln.
“Given the large positive impact Cemex has had on the area, it is disappointing to see unnecessary efforts to shut the business down,” company spokesperson Maryssa Silva said. “We believe we can continue to be a valuable member of this community. … The consent order reflects the resolution of allegations of past noncompliance. Cemex remains committed to adhering to all local, state, and federal requirements for our operations.”
Community’s Concerns and Calls for Action
Neighbors to the Boulder County plant said they will continue to raise multiple concurrent complaints with local air pollution, zoning, traffic, and mining reclamation officials.
“We appreciate and applaud the air pollution control division’s engagement with our community regarding the ongoing and increasing public health hazards caused by Cemex Lyons, as well as the recent fine levied for the plant’s infractions in 2021,” said Sarah Lorang, a leader of Good Neighbors of Lyons. “However, it’s often pure coincidence when the community is able to capture evidence of fugitive dust events; those that have been documented are merely the tip of the iceberg.”
Expired Permit and Concerns
The neighborhood groups and some local officials want the state health department to expand dust monitoring around the clock. They also note the Cemex operating permit adhering to EPA air pollution restrictions, which is issued locally by state health officials, has been expired for 18 months while the company is allowed to operate under the old permit conditions.
The state’s Ogletree said rewriting the expired permit is underway, and the state looks at multiple factors the neighbors are concerned about. Some of those include Cemex’s location near a town, proximity to lower-income, disproportionately impacted communities, and the plant’s presence in one of the counties in the northern Front Range ozone nonattainment area.
History of Opposition and Environmental Impact
Some neighbors and elected officials in Lyons have been organizing against Cemex for years, and in September 2022 won a surprise victory when the Boulder County commissioners declined to renew the company’s permit to operate a cement-making materials mine across Highway 66 from the kiln. Cemex had tried to sweeten a deal for keeping the mine open by offering to close both the mine and the kiln in 15 years, while giving hundreds of acres of recreational open space to the county.
The cement kiln is one of only three in Colorado, and one of the largest greenhouse gas polluters in the state. The high-heat kiln produces a number of toxic local pollutants as well, and neighbors complain operations create clouds of dust. Since the mine closed, Cemex has also sharply increased truck deliveries of material from outside the area, provoking more safety and dust fears.
Violations and Infractions
Violations from 2020 and 2021 cited in the fine and compliance consent include:
- Failure to maintain baghouses, which filter and capture smoke and dust from the kiln, and baghouse emptying in a way that prevents dust contamination of the area.
- Downtime for monitoring systems meant to keep track of releases of potentially toxic emissions like mercury.
- Failure to monitor pollutants like nitrogen oxide, sulfur dioxide, and carbon.
- Failure to prevent or control dust plumes.
SDGs, Targets, and Indicators Analysis:
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 3: Good Health and Well-being – The article discusses the air pollution caused by Cemex’s cement factory, which can have negative impacts on the health and well-being of the community.
- SDG 11: Sustainable Cities and Communities – The article mentions the concerns of neighbors and local officials regarding the location of the cement kiln near a town and its proximity to lower-income, disproportionately impacted communities.
- SDG 13: Climate Action – The article highlights that the cement kiln is one of the largest greenhouse gas polluters in the state, indicating the need for climate action.
2. What specific targets under those SDGs can be identified based on the article’s content?
- SDG 3.9: By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water, and soil pollution and contamination – The article emphasizes the concerns of neighbors regarding the health hazards caused by Cemex’s air pollution.
- SDG 11.6: By 2030, reduce the adverse per capita environmental impact of cities, including by paying special attention to air quality and municipal and other waste management – The article discusses the need for dust monitoring and compliance with air pollution restrictions in order to reduce the environmental impact of the cement kiln on the surrounding community.
- SDG 13.2: Integrate climate change measures into national policies, strategies, and planning – The article mentions the high greenhouse gas emissions from the cement kiln, indicating the need for measures to address climate change.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
- Indicator: Number of air pollution violations and fines – The article mentions that Cemex’s cement factory has been fined for multiple violations in 2020 and 2021, indicating the presence of air pollution issues that need to be addressed.
- Indicator: Dust monitoring – The article highlights the neighbors’ demand for expanded dust monitoring around the clock, which can be used to measure progress in ensuring air quality and reducing dust pollution.
- Indicator: Greenhouse gas emissions – The article states that the cement kiln is one of the largest greenhouse gas polluters in the state, suggesting the need for monitoring and reducing these emissions.
SDGs, Targets, and Indicators Table:
SDGs | Targets | Indicators |
---|---|---|
SDG 3: Good Health and Well-being | Target 3.9: By 2030, substantially reduce the number of deaths and illnesses from hazardous chemicals and air, water, and soil pollution and contamination | Number of air pollution violations and fines |
SDG 11: Sustainable Cities and Communities | Target 11.6: By 2030, reduce the adverse per capita environmental impact of cities, including by paying special attention to air quality and municipal and other waste management | Dust monitoring |
SDG 13: Climate Action | Target 13.2: Integrate climate change measures into national policies, strategies, and planning | Greenhouse gas emissions |
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Source: coloradosun.com
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