Lyons cement plant breached Clean Air Act, EPA says
Todd Hartman, Rocky Mountain News
Published April 5, 2007 at midnight
A cement plant near Lyons considered a major source of acid rain- and smog-forming pollutants failed to add emission controls during the past decade in violation of state and federal clean air laws, the EPA has charged.
The Environmental Protection Agency has issued a "notice of violation" to the Cemex plant, the first step in a formal enforcement action that could result in financial penalties against the Mexico- based company.
Since 1997, Cemex has modified the Lyons plant without first obtaining necessary permits and installing pollution controls required by the Clean Air Act, resulting in "unpermitted" releases of nitrogen oxides, the EPA said.
Such violations typically are considered serious infractions by the agency. Martin Hestmark, an enforcement official with the EPA's regional office in Denver, described them as "significant."
Nitrogen oxide from cars, industrial plants and farms poses a vexing problem at Rocky Mountain National Park. Scientists say nitrogen raises the acid level in soil and streams, endangering plant and aquatic life.
Nitrogen oxide also reacts with sunlight to form ground-level ozone, a pollutant that has exceeded health limits several times in recent years at the park.
The EPA document notes that agency investigators performed a four-day inspection last April, taking photographs, conducting interviews and collecting records from the Cemex plant. The resulting inspection report listed several alleged violations.
Jennifer Borgen, a Houston- based spokeswoman for Cemex, said the company is reviewing the notice and "trying to understand the comments.
"We have already contacted the EPA and plan to meet with the agency in the near future to work with them on this. We take very seriously our environmental commitment," Borgen said.
She said Cemex continues to work with neighbors and elected officials to reduce emissions and said in the past year the company had invested more than $1.6 million on "environmental enhancements" to the plant.
The federal action comes on the heels of a $1.5 million penalty assessed by Colorado regulators in December. That penalty involved separate allegations related to dust emissions and operating temperatures at various times from 2004 to 2006.
hartmant@RockyMountainNews.com or 303-954-5048
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