Who Is CEMEX?

CEMEX, a Mexican multinational materials company listed in the Global 2000, is a major force in the production and distribution of cement, ready-mix concrete, and aggregates across 50 countries. The CEMEX Lyons plant produces cement, which is the main basic ingredient of ready-mix concrete, and was built in 1969. The majority of the plant’s raw limestone, shale, and silica were sourced from the adjacent Dowe Flats mine until 2022, when its Special Use permit expired. Materials are now being trucked in from various facilities up to 90 miles away. The plant burns coal (approximately 7 tons per day), and heats a kiln to >2300 deg F as part of its operation.

CEMEX, is the #1 polluter of CO2 emissions in Boulder County, responsible for 7% of the County’s total. What is particularly noteworthy about this goes back to when the plant was built though - air quality standards and technology for cleaner cement production have evolved a lot since 1969, but the standards in which CEMEX Lyons is held to have not. A cement plant that is roughly 20 years old would still produce about 50% less emissions than an antiquated plant like CEMEC Lyons. Further, CEMEX’s competitor, LafargeHolcim, received a $1.5 million grant from the U.S. Department of Energy to research and develop a system to capture and sequester the plant’s carbon dioxide emissions and is installing it at their Florence, CO plant, and it should be live by 2024. (Source) This would result in almost a zero carbon footprint.

TLDR: We might need cement, but not all cement is created equal (with equal emissions).

So Now What?

We want CEMEX to be compliant with all local, state, and federal regulations. We also want those regulations to be updated and in line with best available standards to protect public health. The 1960s were an era where it was acceptable to drive without seatbelts, smoke in public places, dump industrial waste with zero regulation, and use asbestos liberally - we’ve learned a lot since then, and CEMEX should no longer be able to enjoy largely operating the way they did back then.

Boulder County Land Use Code

The Boulder County Land Use Code was adopted in 1994; the Lyons Cement Plant was granted non-conforming, or grandfathered, status because of its pre-existing operations. Per the Boulder County Land Use Code, “The right to continue a nonconforming use terminates immediately when [there] is any other enlargement or alteration of the nonconforming use which has the effect or threatened effect of creating a hazard or nuisance on or off the property, of adversely affecting the character of the neighborhood, or of intensifying the use of the land or its need for services.” 

So has CEMEX enlarged or altered their cement production which has had the effect, or threatened effect, of creating a hazard or nuisance on or off the property, of adversely affecting the character of the neighborhood, or of intensifying the use of the land or its need for services? Yes. Without a doubt.

1. The Lyons plant conducted a $10.3 M expansion project in 1997-2000, which was classified as a ‘Major Modification’ by the EPA as was the basis of the 2012 EPA lawsuit. The facts surrounding that expansion have all played out in Federal Court and were not disputed. Learn more about the 1997-2000 Expansion Project here.

2. After the expiration of the Dowe Flats mine permit, CEMEX began trucking 100% of its raw materials to produce cement. This operational change increased local truck traffic by more than 100% (confirmed in a recent traffic engineering study submitted by CEMEX to CDOT).

3. clearly meet the County’s criteria to terminate CEMEX’s non-conforming status.

These two enlargements and alterations alone are enough to warrant termination of the plant’s non-conforming status.

STATUS: Our friends at Good Neighbors of Lyons initiated an investigation into these with the County in January 2023; we are expecting a determination on this front by the end of the year. Should the County determine that termination is warranted, CEMEX would need to apply for a Special Use Permit in order to continue operations at their Lyons plant. To be frank, it would be extremely difficult for CEMEX to meet the 13 criteria needed in order to earn a Special Use permit. There is also a public process for such a permit, and we are confident our community will speak up.

Colorado Department of Public Health and Environment

CEMEX Lyons also gets to enjoy many grandfathered air quality standards under the Clean Air Act, standards established back in the 1960s when it was acceptable to drive without seatbelts, smoke in public places, dump industrial waste with zero regulation, and use asbestos liberally. This antiquated framework, coupled with the significant increase in emissions, underscores the urgency for change. Our path to that change is via CEMEX’s Title V (Air Quality) Operating Permit, which is up for renewal NOW! It's not just about progress; it's about ensuring a future where our community breathes cleaner air and enjoys a healthier environment.

What Can You Do To Help?

Step 1 Register to speak at the public hearing on January 5th!

Step 2 Email your comments to the AQCC in advance at cdphe.aqcc-comments@state.co.us

Step 3 Speak up to demand (specific) changes to CEMEX’s air quality permit at the public hearing on January 5th! [We will help with this!]

The Details

Date: January 5, 2024

Time: 4pm-7pm MST. The hearing will begin at 4pm and will conclude by 7pm, or earlier if all who wish to speak have been heard.

Link to Register

Email Comments in Advance to: cdphe.aqcc-comments@state.co.us

The purpose of the public comment hearing is to solicit comments regarding the proposed operating permit and its supporting documents. Public comments on air quality issues not related to the draft Title V operating permit will not be accepted into the record.

The Commission encourages all interested persons to provide their written comments in advance of the hearing and oral comments during the hearing. The Commission encourages that all written comments, handouts, or exhibits be submitted by December 28, 2023 so that the Hearing Officer has the opportunity to review the information prior to the hearing. However, written comments will be accepted by the Commission up to the close of the public comment hearing. Submissions to the Commission should include: your name and the name of the group or organization that you may be representing (if applicable).