Air Enforcement: Alabama Department of Environmental Management and Demopolis Cement Manufacturing Facility Operator Enter into Consent Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Alabama Department of Environmental Management (“ADEM”) and CEMEX Southeast, LLC (“CEMEX”) entered into a March 24th Consent Order addressing an alleged violation of an air permit.

CEMEX is stated to operate a cement manufacturing facility (“Facility”) in Demopolis, Alabama.

The Facility is described as including a rotary cement kiln and supporting equipment. The cement kiln and supporting equipment is stated to be operated pursuant to an air permit and Major Source Operating Permit.

ADEM is stated to have received on September 9, 2020, a certified Annual Compliance Certification (“ACC”) from CEMEX covering the period from July 6, 2019, to July 5, 2020. A revised ACC was provided to ADEM on October 7, 2020, containing information about deviations from the petroleum coke feed rate limit. The revised ACC is stated to be based on the results of compliance testing in October 2019. It indicated that the petroleum coke feed rate limit was exceeded for a total of 229 discrete 3-hour averages during the reporting period. These exceedances are stated to have not been addressed in the original certified ACC.

CEMEX neither admits nor denies ADEM’s contentions.

The CO assesses a civil penalty of $5,000.

A copy of the CO can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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