EPA sues Lyons cement plant
By Todd Hartman, Rocky Mountain News
Published January 7, 2009 at 1:04 p.m.
Updated January 7, 2009 at 1:04 p.m.
The Environmental Protection Agency has sued a Louisiana-based company for allegedly failing to control air pollution from a Boulder County cement plant.
The EPA action against the Cemex cement plant in Lyons is the latest step from regulators to bring it into compliance with numerous alleged infractions of clean air laws.
The lawsuit alleges the plant underwent significant modifications that created additional emissions, but without adding legally required pollution controls.
The changes to the plant led to increased levels of particle emissions, as well as dust and nitrogen oxides. The plant also created pollution plumes that created excessive visual pollution, the complaint said.
"Public health in Boulder County is at risk from illegal pollution; thankfully the EPA has stepped up to hold Cemex accountable," said Jeremy Nichols, climate and energy program director for the environmental group WildEarth Guardians. "The message to Cemex should be clear: It's time to stop illegally polluting the air we breathe."
A Cemex spokeswoman said the company disputes the facts in the case and was "very disappointed" to learn of the lawsuit.
"The projects identified in the complaint occurred more than a decade ago under the ownership of Southdown, Inc. and were subject to review by the Colorado Department of Public Health and the Environment," said spokeswoman Jennifer Borgen. "These projects did not increase emissions from the plant, therefore, they did not violate applicable law."
Borgen added that the company has "voluntarily" made $4 million in environmental improvements at the plant over the past three years.
Under the Clean Air Act, the EPA could assess fines of between $27,500 and $32,500 per violation, per day over a time period stretching from early 1997 to the present.
The EPA lawsuit follows a formal notice of violation from the agency issued in 2007. In late 2006, Colorado regulators took their own action against the facility, fining it $1.5 million for violations relating to dust emissions and operating temperatures.
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January 7, 2009
2:20 p.m.
Suggest removal
blahblahblog writes:
Cemex is only Louisiana-based if Louisiana is the northernmost state in Mexico. In actuality, this Mexico-based international company is a monster building materials firm that buys up smaller firms, moves into their neighborhood, and starts spewing carcinogens into the air, as they've done in California and plenty of other places. Ecological and medical groups here in Colorado have been petitioning Cemex to clean up their act for the last decade, and Cemex has made only nominal public relations efforts to pretend that they care about the environment and the health of those who live nearby. Cemex had to be reminded just a few years ago not to burn tires as fuel. I hope the EPA bullies them like they deserve; the convenience of having a nearby cement manufacturer and the jobs they offer mean nothing in comparison with the negatives that swirl around the Cemex plant like deadly chemical clouds.
January 7, 2009
2:30 p.m.
Suggest removal
LOUIE writes:
Wonder if a cement plant, or any other manufacturing plant, in Latin America has an EPA to hassle them? Any wonder why factories and manufacturing jobs are leaving America? Maybe the playing field isn't equal in this wonderful global economy. America has to compete with government agencies kicking their legs out, and the product can come in duty free under NAFTA as well. America is over-regulated, third world nations are under-regulated. Why manufacture here, it's cheaper and more worry free elsewhere. Foreign nations may sign on enviromental agreements, but they don't hassle their cash cow with strict enforcement. EPA is just another political nail in America's economy, pretending to be progress. The only progression I see is America's jobs leaving for 3rd world countries, and the foreign produced and manufactured product being dumped back here duty free with unfair trade treaties (NAFTA) and laws. Enjoy the unemployment line, brought to you by the American government. Heard Ford just opened a huge new plant in Brazill 2 months ago, the people there are so happy. Wonder if the Brazilian government is going to hassle them? Why wasn't it built here? Cheaper labor, no EPA, no OSHA, no tariffs, it so much better now for FORD. Wonder when the first models will hit the American showroom?
January 7, 2009
2:38 p.m.
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Bagel writes:
Louie, are you really suggesting we need to be more like third world countries?
January 7, 2009
2:48 p.m.
Suggest removal
NeilT writes:
Yes, he is. That's stupid, even for LOUIE.
I wonder if he would raise his kids on the banks of (pick a polluted river in China, et al). If so, well, farewell...
I enjoy my fresh, clean Elbert County air. It was just ranked the second cleanest in the nation. I wonder if that has anything to due with LOUIE not living here?
January 7, 2009
2:50 p.m.
Suggest removal
NeilT writes:
And LOUIE...
Our trade deficits have little to due with regulation. Don't you think the $2.00 per day wages have more of an impact?
January 7, 2009
3:04 p.m.
Suggest removal
STUCK_IN_DENVER writes:
Ok Louie, we will eliminate the oversight of factories and plants so they can pollute all they want? They can pollute the air, ground and water at will? And then we will all work at these plants for $ 2 per hour so they won't take their factories to thrid world countries?
Brilliant! You just solved the unemployment problem!
January 7, 2009
3:21 p.m.
Suggest removal
The_Punnisher writes:
Just some more ILLEGAL ALIENS in Colorado...
Time to REALLY deport them...
January 7, 2009
4:06 p.m.
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Bagel writes:
??? That didn't even make any sense.
January 7, 2009
5:27 p.m.
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The_Punnisher writes:
Cemex was founded in 1906 IN MEXICO...
What they have been doing in the last few years is ILLEGAL...
January 7, 2009
6:07 p.m.
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Bagel writes:
Okay, I guess it technically makes sense, but I still think it's a bizarre comment.
January 7, 2009
7:06 p.m.
Suggest removal
chrisleo writes:
hey louie why don't you climb back under your rock. try breathing where the air is more stagnant near one of our coasts. obviously you don't pay attention to small or large particle emission research. it is a matter of public health like second or third hand smoke