WildEarth Guardians

Monday, May 11, 2009
Clean Air Gets Second Chance at Lyons Cement Plant

EPA Rejects Flawed Air Pollution Permit for CEMEX
Contact: WildEarth Guardians

DENVER - In a victory for clean air, the U.S. Environmental Protection Agency today rejected a State-issued air pollution permit for the CEMEX cement plant in Lyons, Colorado. The cement plant burns coal, releasing massive amounts of smog forming gases, mercury, and other contaminants harmful to public health and special places like Rocky Mountain National Park.

“This is great news for clean air and the health of our kids and communities,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. “We knew Colorado issued a flawed permit for CEMEX to keep polluting the air we breathe, and thankfully the EPA agreed.”

The rejection comes in response to a petition filed in March of 2008 by Rocky Mountain Clean Air Action, an organization that since merged with WildEarth Guardians. In a notice published in today’s Federal Register (see, http://edocket.access.gpo.gov/2009/E9-10966.htm), the EPA announced the State of Colorado had failed to ensure the Lyons cement plant was in compliance with air pollution laws before issuing a permit to operate. The agency objected because Colorado failed to respond to public comments and assess whether CEMEX was required to install up-to-date pollution controls. The objection can be downloaded at http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/cemex_response2009.pdf.

At issue is the failure of Colorado limit harmful nitrogen oxide pollution, or NOx, from the smokestack of the Lyons cement plant. Every year, the plant spews up to 5.2 million pounds of NOx from its smokestacks, equal to the amount released by over 130,000 cars (according to the EPA a car releases 38.2 pounds of nitrogen oxide a year, http://www.epa.gov/otaq/consumer/f00013.htm).

NOx can damage lungs and react to form ozone air pollution, the key ingredient of smog. The Front Range region, including Boulder County, is currently in violation of federal health limits for ozone. NOx is also leading to nitrogen deposition in nearby Rocky Mountain National Park, acidifying streams and degrading the mountains that every year attracts more than three million visitors.

States are responsible for issuing permits allowing polluters to operate, yet citizens can petition the EPA to object to permits if they allow polluters to violate clean air laws. The Lyons cement plant was built in 1969 and at the time exempt from clean air laws. However, between 1980 and the present, the plant was upgraded several times, triggering a Clean Air Act requirement that up-to-date controls be used to reduce NOx. Despite this, Colorado issued a permit allowing CEMEX to operate the Lyons plant without up-to-date controls.

In its objection, the EPA stated that Colorado “failed to provide the basis” for concluding that CEMEX was not required to install up-to-date pollution controls. The agency directed the State to provide a “meaningful response” to public comments and “make appropriate changes to the permit.”

“CEMEX’s cement plant is poisoning our air, endangering our children, our families, and a crown jewel of our National Parks,” said Nichols. “We need safeguards from this harmful air pollution, and the EPA’s ruling gets us one step closer to the clean air we all depend on.”

Although CEMEX’s pollution permit remains in place, Colorado has 90 days to respond to the EPA’s objection and fix the flaws. If the State fails to respond, the EPA must either issue the permit itself or deny the permit altogether. If CEMEX’s permit is denied, the company will be forced to shutdown operations at the Lyons cement plant.

“This isn’t about shutting down the plant,” said Nichols. “But if CEMEX can’t take responsibility for safeguarding its neighbors, the company should be stripped of its permit. There’s simply too much at stake.”

Today’s ruling also comes on the heels of an EPA lawsuit filed in federal court against CEMEX. Filed in January of 2009, the lawsuit also challenges the failure of CEMEX to install up-to-date pollution controls. Together, the lawsuit and today’s ruling present a tidal wave of pressure for CEMEX to clean up the Lyons cement plant.

WildEarth Guardians is a nonprofit organization dedicated to protecting and restoring wild places, wildlife, and wild rivers in the American West.