OPERATING PERMIT

CEMEX, Inc. 

Lyons Cement Plant

ISSUED FEBRUARY 1, 2000 

Last Revised: October 8, 2002
AIR POLLUTION CONTROL DIVISION 

COLORADO OPERATING PERMIT 

 

FACILITY NAME: CEMEX, Inc. 

Lyons Cement Plant 

 OPERATING PERMIT NUMBER 

FACILITY ID: 0130003 

ISSUE DATE: February 1, 2000 

95OPBO082 

EXPIRATION DATE: February 1, 2005 

MODIFICATIONS: See Appendix F of Permit 

Issued in accordance with the provisions of Colorado Air Pollution Prevention and Control Act, 25-7-101 et

seq Supp. and applicable rules and regulations. 

ISSUED TO: PLANT SITE LOCATION: 

CEMEX, Inc. 5134 Ute Highway 

1200 Smith Street, Suite 2400 Lyons Colorado 80540 

Houston, Texas 77002 Boulder County 

 

INFORMATION RELIED UPON 

Operating Permit Application Received: December 7, 1995, Revised October 23, 1998 

And Additional Information Received: August 1, 1996, October 22, 1996, November 21, 1996 

 

Nature of Business: Cement Production 

Primary SIC: 3241 

 

RESPONSIBLE OFFICIAL FACILITY CONTACT PERSON 

Name: John Lohr Name: Steve Mossberg 

Title: Plant Manager Compliance Manager Title: 

Phone: (303) 824-2100 Phone: (303) 823-2113 

 

SUBMITTAL DEADLINES 

Semi-Annual Monitoring Period: February - July, July - January 

Semi-Annual Monitoring Report: August 1, 2000 & March 1, 2001 and subsequent years 

Annual Compliance Period: Begins February 1 to January 31 

Annual Compliance Certification: March 1, 2001 and subsequent years 
TABLE OF CONTENTS:

SECTION I - General Activities and Summary................................................................................................. 9

1. Permitted Activities ................................................................................................................................ 9 

2. Prevention of Significant Deterioration/New Source Review (PSD/NSR).......................................... 10 

3. Accidental Release Program (112(r)) ................................................................................................... 10 

4. Summary of Emission Units................................................................................................................. 11 

SECTION II - Specific Permit Terms ............................................................................................................... 14

1. P017- Dowe Flats Fugitive Dust Sources............................................................................................. 14 

2. P017- Dowe Flats Quarry ..................................................................................................................... 18 

3. P004 - Storage and Handling of Raw Materials at Plant Site.............................................................. 20 

Discharge of Primary-Crushed Raw Materials onto Open Stockpile ............................................................... 20

4. P001 ...................................................................................................................................................... 23 

5. P002 - Raw Materials Drying (S005) ................................................................................................... 25 

Stack Testing..................................................................................................................................................... 27 

Bagfilter Operation and Maintenance ............................................................................................................... 28 

Stack Testing..................................................................................................................................................... 28 

Operating Parameters ........................................................................................................................................ 29 

6. P003 - Secondary Crushing .................................................................................................................. 30 

7. P004 - Raw Materials Storage .............................................................................................................. 32 

8. P005 - Raw Mill Grinding .................................................................................................................... 34 

9. P006 - Homogenizing and Blending..................................................................................................... 36 

10. P007- Kiln, Calciner (S016) ................................................................................................................. 38 

Stack Testing..................................................................................................................................................... 41 

Bagfilter Operation and Maintenance ............................................................................................................... 41 

Continuous Opacity Monitor............................................................................................................................. 42 

Stack Testing..................................................................................................................................................... 43 

Bagfilter Operation and Maintenance ............................................................................................................... 43 

Stack Testing..................................................................................................................................................... 45 

11. P009 - Clinker/Gypsum Silos and Weigh Feeders ............................................................................... 46 

Stack Testing..................................................................................................................................................... 49 

Bagfilter Operation and Maintenance ............................................................................................................... 50 

12. P014 - Clinker and Fuel Handling........................................................................................................ 53 

13. P007A - Handling and Processing of CKD And Raw Material Waste Dust........................................ 55 

Stack Testing..................................................................................................................................................... 57 

Bagfilter Operation and Maintenance ............................................................................................................... 57 

14. P016 - Haul Roads................................................................................................................................ 60 

15. T001 - Gasoline Storage Tank.............................................................................................................. 60 

16. Opacity - Daily Plant Walk Through.................................................................................................... 62 

17. Insignificant Activities.......................................................................................................................... 62 

18. Reporting .............................................................................................................................................. 62 

19. Good Operating Practices..................................................................................................................... 63 

20. Opacity and PM Limits for Subpart OOO Sources .............................................................................. 63 

Monitoring......................................................................................................................................................... 63 
TABLE OF CONTENTS:

Stack Testing..................................................................................................................................................... 64 

Bagfilter Operation and Maintenance ............................................................................................................... 64 

21. Opacity Limits for Subpart F Sources .................................................................................................. 64 

Monitoring......................................................................................................................................................... 64 

Bagfilter Operation and Maintenance ............................................................................................................... 65 

22. Opacity Limits ...................................................................................................................................... 65 

Bagfilter Operation and Maintenance ............................................................................................................... 66 

23. PM Stack Testing.................................................................................................................................. 66 

24. National Emission Standards for Hazardous Air Pollutants From the Portland Cement 

Manufacturing Industry ........................................................................................................................ 66 

Compliance with nonopacity emission standards ............................................................................................. 71 

Performance testing requirements..................................................................................................................... 71 

Quality assurance program................................................................................................................................ 72 

Monitoring requirements................................................................................................................................... 73 

Compliance with opacity and visible emission standards................................................................................. 74 

Performance testing requirements..................................................................................................................... 74 

Quality assurance program................................................................................................................................ 74 

Notification of opacity and visible emission observations................................................................................ 75 

Monitoring requirements................................................................................................................................... 75 

Temporary, conditioned exemption from opacity standards (P007 - Kiln/Calciner)........................................ 76 

SECTION III - Permit Shield ............................................................................................................................ 77

1. Specific Conditions............................................................................................................................... 77 

2. General Conditions ............................................................................................................................... 77 

3. Streamlined Conditions ........................................................................................................................ 78 

SECTION IV - General Permit Conditions.................................................................................................................. 80

1. Administrative Changes.............................................................................................................................. 80 

2. Certification Requirements.......................................................................................................................... 80 

3. Common Provisions................................................................................................................................... 81 

4. Compliance Requirements........................................................................................................................... 84 

5. Emergency Provisions ................................................................................................................................ 85 

6. Emission Standards for Asbestos .................................................................................................................. 85 

7. Emissions Trading, Marketable Permits, Economic Incentives............................................................................ 85 

8. Fee Payment ............................................................................................................................................. 85 

9. Fugitive Particulate Emissions...................................................................................................................... 86 

10. Inspection and Entry................................................................................................................................... 86 

11. Minor Permit Modifications......................................................................................................................... 86 

12. New Source Review................................................................................................................................... 86 

13. No Property Rights Conveyed ...................................................................................................................... 86 

14. Odor ....................................................................................................................................................... 87 

15. Off-Permit Changes to the Source ................................................................................................................. 87 

16. Opacity.................................................................................................................................................... 87 

17. Open Burning ........................................................................................................................................... 87 

18. Ozone Depleting Compounds....................................................................................................................... 87 
TABLE OF CONTENTS:

19. Permit Expiration and Renewal .................................................................................................................... 87 

20. Portable Sources........................................................................................................................................ 88 

21. Prompt Deviation Reporting ........................................................................................................................ 88 

22. Record Keeping and Reporting Requirements ................................................................................................. 88 

23. Reopenings for Cause ................................................................................................................................. 89 

24. Section 502(b)(10) Changes......................................................................................................................... 89 

25. Severability Clause .................................................................................................................................... 90 

26. Significant Permit Modifications .................................................................................................................. 90 

27. Special Provisions Concerning the Acid Rain Program...................................................................................... 90 

28. Transfer or Assignment of Ownership............................................................................................................ 90 

29. Volatile Organic Compounds....................................................................................................................... 90 

30. Wood Stoves and Wood burning Appliances................................................................................................... 91 

APPENDIX A - Inspection Information ........................................................................................................... 93

Appendix B Reporting Requirements and Definitions.................................................................................... 95

APPENDIX C .................................................................................................................................................... 105

APPENDIX D .................................................................................................................................................... 109

APPENDIX E..................................................................................................................................................... 110

APPENDIX F......................................................................................................................................................... 1

APPENDIX G ........................................................................................................................................................ 1
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 9 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

SECTION I - General Activities and Summary 

1. Permitted Activities 

1.1 This facility manufactures portland cement. Limestone and other raw materials extracted from the 

quarry are processed through a primary crusher at the Dowe Flats quarry. The crushed material is transported to 

the plant on a 2.0 mile belt conveyor system and discharged to a stockpile. The stockpiled material is placed on 

a belt by means of a front end loader to be processed through a primary crusher, the dryer, and a secondary 

crusher. The material from the secondary crusher is stored in raw material storage silos. These storage silos 

contain silica and iron ore and various quarried raw materials. Material from these storage silos is discharged to 

weigh belts for the formulation of a desired product. The weigh belts discharge to the raw mill. The raw mill 

mixes and crushes the blended materials and delivers the homogenized material to storage silos. The 

homogenized material from the storage silos is delivered to the calciner portion of the kiln. Pulverized coal 

from the coal mill is fired at the bottom of the flash calciner. To improve the combustion characteristics, oxygen 

from an on-site oxygen generation plant, is injected through a swirl chamber directly below the first stage 

calciner. The calcined material from the calciner then enters the rotary kiln, which is located at a slight incline 

along its horizontal axis. The material travels towards the clinker discharge end where additional pulverized 

coal is fired for the clinkering process. The clinker is discharged from the kiln onto the clinker cooler. The 

clinker is cooled by large amounts of air that is forced upwards through the clinker bed by undergrate fans. 

Additional oxygen from the on-site oxygen generation plant, is injected into this cooling air, of which a good 

percentage is recovered for use as primary air in the kin combustion process. The cooled clinker is then moved 

to internal storage in an A-Frame building, or outside storage stockpiles. The stored clinker is the raw material 

for the finish mill. In the finish mill the clinker is combined with gypsum and ground to a fine material, passed 

through coolers and stored in the product silos. The material in the product silos can be loaded for bulk 

transport, or sent to a packaging system. From an over-all perspective, the manufacturing process may be 

viewed as two segments -- clinker production and cement production. The clinker storage allows the two 

processes to operate at different production rates. During periods of low demand for cement, clinker is 

accumulated. If cement is in high demand, the clinker production can be supplemented by purchase of clinker 

from other sources. The overall result is the clinker production can operate at a rather steady rate, while the 

cement production can operate in response to the current or projected demands. 

The facility is located near Lyons, 12 miles north of Boulder. The area in which the plant operates is designated 

as non-attainment for particulate matter smaller than ten (10) microns in size. 

There are no affected states within 50 miles of the plant. Rocky Mountain National Park, Rawah Wilderness 

Area and Eagle’s Nest Wilderness Area are Federal Class I designated areas within 100 kilometers of the plant. 

1.2 Until such time as this permit expires or is modified or revoked, the permittee is allowed to discharge air 

pollutants from this facility in accordance with the requirements, limitations, and conditions of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 10 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

1.3 This Operating Permit incorporates the applicable requirements contained in the underlying construction 

permits, and does not affect those applicable requirements, except as modified during review of the application 

or as modified subsequent to permit issuance using the modification procedures found in Regulation No. 3, Part 

C. These Part C procedures meet the applicable substantive New Source Review requirements of Part B. Any 

revisions made using the provisions of Regulation No. 3, Part C shall become new applicable requirements for 

purposes of this operating permit and shall survive reissuance. This permit incorporates the applicable 

requirements (except as noted in Section II) from the following Construction Permit(s): P-10,225, P-10,535, 

12BO444(1-2), P-10,298, P-10,284, P-10,266, P-10,292, 98BO0259, 10BO718, 93BO1414F, 94BO593, 

98BO0292, and 98BO0315. 

1.4 All conditions in this permit are enforceable by the US Environmental Protection Agency, Colorado Air 

Pollution Control Division (hereinafter Division) and its agents, and citizens unless otherwise specified. Stateonly enforceable conditions are: Conditions 5.6 and 10.12 (Lead), and Conditions 2.8, 3.6, 5.10. 10.7, 11.7, 

13.7, and 22.3 (Opacity) of Section II, and Conditions 14 (Odor) and those portions of Colorado Regulation No. 

15, as identified in Condition 18 (Ozone Depleting Compounds) of Section IV of this permit. All information 

gathered pursuant to the requirements of this permit is subject to the Recordkeeping and Reporting requirements 

listed under Condition 22 of the General Conditions in Section IV of this permit. 

2. Prevention of Significant Deterioration/New Source Review (PSD/NSR) 

2.1 This plant is located in an area designated as non-attainment for particulate matter smaller than ten (10) 

microns. The plant is categorized as an existing major stationary source.This existing major stationary source 

has not been required to undergo PSD or nonattainment NSR review to date. 

Future modifications at this plant resulting in a significant net emissions increase for carbon monoxide or 

particulate matter, or a modification which is major by itself, shall result in the application of the nonattainment 

NSR requirements (Colorado Regulation No. 3, Part B, IV.D.2). Likewise, future modifications at this plant 

resulting in a significant net emissions increase for attainment pollutants, or a modification which is major in 

itself, shall result in the application of the PSD review requirements (Colorado Regulation No. 3, Part B, 

IV.D.3). 

2.2 There are no other Operating Permits associated with this source for PSD/NSR purposes. 

3. Accidental Release Program (112(r)) 

The plant is not subject to the provisions of the Accidental Release Prevention Plan of Section 112 (r)(7) of the 

Clean Air Act. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 11 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

4. Summary of Emission Units 

4.1 The emissions units regulated by this permit are the following: 

Process Plant 

Identifier 

AIRS 

Stack 

Number 

Description Size Pollution 

Control Device 

Construction 

Permit 

016 

017 

018 

019 

120 

021 

022 

023 

024 

Drilling 

Blasting 

Truck Loading/Unloading 

Haul Roads 

Scraper Activities 

Grading 

Bulldozing 

Wind erosion of exposed areas 

Wind erosion of stockpiles 

3,200,000 tons/year PM Emission 

Control Plan 

93BO1414F 

026 Conveyor 800 tons/hour Baghouse 

(8 each) 

Dowe Flats 

Quarry 

P017 

027 Primary Crusher (Quarry) 800 tons/hour Baghouse 

94BO593 

Lyons Quarry P018 028 Blasting, Grading, etc. 760,000 tons/year PM Emission 

Control Plan 

93BO1414F 

Raw Material 

Storage and 

Handling at 

Plant Site 

P004 

024B 

Discharge of Primary-Crushed 

Material onto Open Stockpile 

Front End Loader Activity 

1,050,000 tons/year PM Emission 

Control Plan 

98BO0292 

Primary Crusher P001 001 S002 - Primary Crushing P-10,225 

027 S004 - Surge Silo 

300 tons/hour lime and 

shale 

3 tons/hour iron oxide 

15 tons/hour silica 

Bagfilters 

P-10,535 

Raw Materials 

Drying 

P002 002 S005 - Raw Materials Drying 200 TPH Limestone and 

shale 

3 TPH Iron Ore 

15 TPH Silica 

Baghouse 12BO444-1 

Secondary Crushing and 

Screening 

S001 - Secondary Crushing 

Dust Silo 

Secondary Grandfather 

Crushing 

P003 003 

S003 - #4 Belt Transfer 

200 TPH Limestone and 

shale 

3 TPH Iron Ore 

15 TPH Silica 

Baghouse 

(3 each) 

P-10,298 

Raw Material 

Silos 

P004 004 S006 to S008 - Raw Material 

Storage Silos 

200 TPH Baghouse 

(3 each) 

P-10,284 

Raw Material 

Grinding 

P005 005 

031 

S012 - Raw Mill Feeders 

S013 - Iron/Silica Silo 

180 TPH Limestone and 

Shale 

Baghouse 

(4 each) 

Grandfather 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 12 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

S010 - Raw Material Grinding 

Grandfather 

 

S011 - Separator 

3 TPH Iron Ore 

15 TPH Silica 

150 TPH Raw Meal 

Product 

Homogenizing S014 - Homogenizing Silo Grandfather 

& Blending 

P006 006 

S015 - Kiln Feed Silo 

180 TPH Raw Meal Baghouse 

 (2 each) Grandfather 

Kiln Burning P007 007 S016 - Precalciner Kiln 120 TPH (dry) Baghouse 

Clinker Cooling P008 008 S018 - Clinker Cooler 81 TPH Baghouse 

(3 each) 

12BO444-2 

S026 to S035; S021 & S051 - 

Weight Feed Conveyors 

Clinker/Gypsum 

Silos and Weigh 

Feeders 

P009 009 

010 

S039 to S041 - Clinker & 

Gypsum/Additive Storage 

Silos and Weigh Feeders 

600,000 tons/year 

(3) Silos, 800 tons each 

(2) 105 tons/hour weighto-meters 

(1) 5 tons/hour weight-ometer 

Baghouse 

(12 each) 

Reclaim to clinker storage 

silos 

S017 - Clinker Drop 

S023 - Transfer 

Sheltered (AFrame) Clinker 

Storage and 

Reclaim 

P010 010 

S024A - A- Frame Building 

600,000 tons/year 

Maximum A-Frame 

capacity - 60,000 tons 

8BO0259 

Outdoor Clinker 

Storage and 

Handling 

P010A 030 

Outdoor Clinker Storage Pile 

120,000 tons storage Emission 

Control Plan 

011 Cement Finish Mill and 

Bucket Elevator/Auxiliaries 

P011 

 S036 & S037 - Grinding 

Finish Mill 

Grinding 

P012 031 S065 - Separator 

600,000 tons/year 

Separator - 150 tons/hour 

fines produced 

Baghouse 

(6 each) 

012 Cement Loadout Spouts 

013 S043 to S048 - Cement Silos 

Cement 

Silos/Packhouse

/Loadout 

P013 

 S049 & S050 - Packhouse 

(19) Silos, 34,330 tons 

total capacity 

Baghouse (6 

each) 

8BO0259 

Clinker & Fuel S020 - Coal Silo 

Handling 

System 

P014 

 S025 - Coal/Clinker Hopper 

200 TPH Coal and 

Clinker 

 C-10,316 

Haul Roads P016 Haul roads None 

Fuel Storage 

Tank 

T001 Fuel Storage Tank 

Breathing/Working Losses 

8,000 gallons None 

040A - Conveyance of Cement 

Kiln Dust (CKD) to Silo No. 

A5 or Silo No. 2844 

Pneumatic Bagfilters 

Conveyance of 

Materials 

P007A 040 

040B - Conveyance of 

Benefication Dust to Silo No. 

2844 

 Bagfilters 

98BO0315 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 13 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Pug Mill 

Mixing, 

Pelletization 

and Truck 

Loading of 

CKD and 

Benefication 

Dust 

041 Pug Mill 30 tons (dry) per hour 

Haulage and 

Disposal of 

Pelletized CKD 

and 

Benefication 

Dust 

042 Truck Hauling to Lyons 

Quarry 

 PM Emission 

Control 

Measures 

Haul Roads P016 Haul Roads None 

Fuel Storage 

Tank 

T001 T001 - Gasoline Storage Tank 3,000 gallons Submerged 

Filling and 

Vapor 

Recovery 

None 

4.2 Alternate Operating Scenarios 

No alternate operating scenarios were requested for this facility. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 14 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

SECTION II - Specific Permit Terms 

1. P017- Dowe Flats Fugitive Dust Sources 

P018 - Lyons Quarry 

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors Method Interval 

Process Rate 1.1 3,200,000 tons/year 

400,000 tons/month 

25,000 tons/day 

Recordkeeping Monthly 

PM Dowe Flats Quarry 

Operations - 134.2 tons/ 

year 

Disturbed Areas @ 

Lyons Quarry - 19.0 

tons/year 

PM10

1.2 

Dowe Flats Quarry 

Operations - 58.4 

tons/year 

7.3 tons/month 

916 lbs/day 

Disturbed Areas @ 

Lyons Quarry - 9.4 

tons/year 

See Condition 

1.2 

Recordkeeping 

Calculation 

Monthly 

Annually 

Fugitive 

Emission 

Control Plan 

1.3 Inspection Weekly 

Restrictions 

on Lyons and 

Larimer 

Quarries 

1.4 Lyons - Mining 

Prohibited 

 Larimer - Hauling 

Prohibited 

Annual 

Certification 

1.1 Total material (includes: topsoil, overburden, limestone, and waste rock) handled shall not exceed the 

limits listed above. Compliance with the monthly limits shall be demonstrated until the beginning of the first 

calendar year after commencement of operation at the new production rate. Thereafter, compliance with the 

annual limits shall be determined on an annual basis. (Construction Permit 93BO1414F, revised according to 

Section I, Condition 1.3 of this permit, to delete the rolling twelve month total requirement). 

Monthly and annual records of the amounts of materials handled shall be kept on-site and made available for 

Division review upon request. The permittee shall maintain records of the number of days of operation during 

each month. Compliance with the daily limits shall be monitored by dividing the monthly handling rates by the 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 15 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

monthly number of days of operation. Records of the number of days of operation and the daily handling rate 

calculations shall be maintained and made available for inspection upon request. 

1.2 PM and PM10 emissions shall not exceed the limits listed in the table above. Compliance with the 

monthly limits shall be demonstrated until the beginning of the first calendar year after commencement of 

operation at the new production rate. Thereafter, compliance with the annual limits shall be determined on an 

annual basis. Compliance with the emission limits shall be monitored by not exceeding the process limits set 

forth in Condition 1.1, and by application of control measures, as set forth in Condition 1.3, 

below.(Construction Permit 93BO1414F, revised according to Section I, Condition 1.3 of this permit, to delete 

the rolling twelve month total requirement). 

For APEN reporting and fee purposes, the annual PM and PM10 emissions shall be estimated using the actual 

annual processing rates recorded under Condition 1.1, appropriate emission factors and equations, and control 

measure efficiencies. A record of the annual emission calculations shall be maintained and made available to 

the Division for inspection upon request. 

1.3 Fugitive particulate matter emissions shall be controlled in accordance with the following (Construction 

Permit 93BO1414, Colorado Regulation No. 1, III.D.1.b). 

1.3.1 Mining Activities, including mined land reclamations - Visible emissions shall not exceed 20%, 

and no off-property transport of visible emissions. 

1.3.2 Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads, and 

the nuisance guidelines shall apply to off-site haul roads. 

1.3.3 Haul Trucks - No off-property transport of visible emissions except that when operating off the 

property of the owner or operator, the applicable guidelines shall be no off-vehicle transport of 

visible emissions. 

1.3.4 Adequate soil moisture must be maintained in topsoil and overburden to control emissions 

during removal. 

1.3.5 Topsoil and overburden stockpiles shall be reclaimed and revegetated in accordance with the 

MLRB permit conditions. Open acreage (mine pits and stockpiles) shall be minimized and in no 

circumstances shall they be in excess of MLRB or APCD permits, whichever is more restrictive. 

(Construction Permit 93BO1414F, Attachment A, as modified per Section 1, Condition 1.3 of 

this permit). 

1.3.6 Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by 

watering at all times, except during below-freezing temperatures, unless natural moisture is 

sufficient to control emissions. A sprinkler system shall be installed and operated to wet muck 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 16 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

piles prior to loading, hauling and crushing. Spillages and accumulations of particulate matter 

shall be cleaned up and shall be managed to insure they do not contribute to fugitive emissions 

during operation. (Construction Permit 93BO1414F, Attachment A, as modified per Section 1, 

Condition 1.3 of this permit) 

1.3.7 Activities causing fugitive dust emissions shall be suspended when wind speeds reach or exceed 

30 miles per hour, averaged over a 60-minute period. Only those activities affected by wind 

speed, and for which it is possible to “suspend operation” need be shut down (i.e., the permittee 

cannot “shut down” storage piles, thus this condition would not apply to storage piles). Activities 

may continue when the average wind speed drops below 30 m.p.h. (Construction Permit 

93BO1414F, Attachment A, as modified per Section 1, Condition 1.3 of this permit) 

1.3.8 Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 35 m.p.h. 

Speed limit signs shall be posted. 

1.3.9 Unpaved haul roads shall be treated with chemical dust suppressants to maintain a surface crust, 

and watered, as often as needed to control fugitive particulate emissions. 

1.3.10 Drills shall be equipped with bag collectors to control emissions. 

1.3.11 Sequential blasting shall be employed. 

1.3.12 Reclamation work and sequential extraction of material shall be initiated to keep the total 

disturbed areas at any one time to a minimum. 

1.3.13 The permittee shall maintain a copy of the facility’s Mining and Reclamation plan (as submitted 

and approved by the Colorado Department of Minerals and Geology - Mine, Land, and 

Reclamation Division) on site for Division inspection upon request. (Construction Permit 

93BO1414F, Attachment A, as modified for clarification per Section 1, Condition 1.3 of this 

permit) 

Records of application of dust suppressants shall be maintained on site for inspection upon request. 

The permittee shall install, calibrate, and operate a wind speed instrument which will be used to alert personnel 

when average wind speeds reach or exceed 30 m.p.h. The permittee shall maintain records of those dates and 

times when wind speed reaches or exceeds 30 m.p.h, averaged over a sixty minute period. The Annual 

Certification shall include a statement that the activities identified in Condition 1.3.7 were suspended when 

average wind speeds reached or exceeded the 30 m.p.h. threshold. 

A weekly inspection of the site shall be conducted to ensure the emission control elements are in place and 

effective. In addition, at any time when a fugitive dust problem is observed, the permittee shall take action to 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 17 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

correct the problem. The permittee shall maintain records of the date and time of any fugitive dust problem 

observed, and the type and time of action taken to correct the problem. These records shall be maintained on 

site for inspection upon request. The Annual Certification shall include a statement that the PM Emission 

Control Plan measures are in place and effectively minimizing fugitive emissions. 

1.4 There shall be no mining of limestone/raw materials or overburden materials at the Lyons Quarry. 

Reclamation activities (through 1999) and cement kiln dust disposal (as permitted under Section II, Conditions 

13 of this permit) are allowed in the Lyons Quarry. Also, there shall be no hauling-in of raw materials from the 

Larimer Quarry. (Construction Permit 93BO1414F) 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 18 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

2. P017- Dowe Flats Quarry 

 S055 - S064 

 Primary Crusher 

 Belt Conveyor 

 Radial Stacker to Stockpiles Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission Factors 

Method Interval 

Process Rate 2.1 1,050,000 tons/year 

400,000 tons/month 

Recordkeeping Monthly 

2.2 Crusher - 0.05 gram 

per dry standard cubic 

meter 

Stack Test 

Baghouse Operation and 

Maintenance 

Once Per Permit Term 

(Completed for this initial 

permit term) 

2.3 Conveyor – See 

Condition 2.3 

PM 

2.4 0.14 ton/year Crusher: 0.020 

lb/ton 

Conveyor: 

.00124 lb/ton 

(total for all 

transfer points) 

PM10 2.4 0.07 ton/year 

0.01 ton/month 

Crusher: .009 

lb/ton 

Conveyor: 

.00059 lb/ton 

(total for all 

transfer points) 

Recordkeeping 

 Calculation 

Monthly 

 Annually 

Opacity – 

Crusher 

2.2 Shall not exceed 7% 

Opacity - 

Conveyor 

Transfer Points 

2.5 Shall be less than 

10% 

Shall not exceed 20%, 

except as provided for 

below 

Opacity 2.6 

Certain Operating 

Conditions - Shall not 

exceed 30% 

Inspection 

 Method 9 

 Baghouse O&M 

Daily 

Crusher: Semiannually 

All sources: As Needed 

2.1 Processing and conveying of raw materials at the crusher and conveyor system shall not exceed 

1,050,000 tons per year and 400,000 tons per month (Construction Permit 94BO593). 

Compliance with the monthly limits shall be demonstrated until the beginning of the first calendar year after 

commencement of operation at the new production rate. Thereafter, compliance with the annual limits shall be 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 19 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

determined on an annual basis. Records of the monthly and annual amounts processed shall be maintained and 

made available to the Division for inspection upon request.(Construction Permit 93BO1414F, revised according 

to Section I, Condition 1.3 of this permit, to delete the rolling twelve month total requirement). 

2.2 The crusher is subject to the provisions of 40 CFR Part 60, Subpart OOO, Standards of Performance for 

Non-Metallic Mineral Processing Plants, as adopted by reference in Colorado Regulation No. 6, Part A, as set 

forth in Condition 20 of this permit, except that stack testing is not required during the initial five year term of 

this permit. 

2.3 During any consecutive sixty (60) minute period, PM emissions from the conveyor operation shall not 

exceed: 

E = 17.31 (P)0.16

Where: 

E is the allowable particulate emissions in lbs/hr. 

P is the process weight rate in tons/hr 

(Colorado Regulation No. 1, III.C.1.b and Colorado Regulation No. 6, Part B, II.C.2). In absence of evidence to 

the contrary, compliance with this limit shall be monitored using the production records required in Condition 

2.1 and the baghouse operating and maintenance requirements of Condition 20. 

2.4 Annual emissions of PM and PM10 shall not exceed the limits listed in the above table (Construction 

Permit 94BO593, revised according to Section I, Condition 1.3 of this permit, to delete the rolling twelve month 

total requirement). Compliance with the monthly limits shall be demonstrated until the beginning of the first 

calendar year after commencement of operation at the new production rate. Thereafter, compliance with the 

annual limits shall be determined on an annual basis. The throughput records required in Condition 2.1 and the 

bagfilter operating and maintenance procedures required in Condition 2.2.2 shall be used to monitor compliance 

with the emissions limits. 

For APEN reporting purposes, annual estimated PM and PM10 emissions (tons/year) shall be calculated using 

the actual annual amounts processed, the emission factors listed in the table above (Emission factors taken from 

Construction Permit 94BO593 analysis), and appropriate control equipment collection efficiencies. Records of 

the emissions estimates shall be maintained and made available to the Division for inspection upon request. 

NOTE: If the bagfilters are maintained and inspected properly, as required under Condition 2.2.2, the 

following control efficiencies may be assumed for emission calculations: 98.6% for enclosed conveyor 

and baghouses and for the crusher baghouse. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 20 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

2.5 The conveyor system is subject to the provisions of 40 CFR Part 60, Subpart F, Standards of 

Performance for Portland Cement Plants, as adopted by reference in Colorado Regulation No. 6, Part A, as set 

forth in Condition 21 of this permit. 

2.6 These sources are subject to the opacity limits set forth in Condition 22 of this permit. 

3. P004 - Storage and Handling of Raw Materials at Plant Site 

Discharge of Primary-Crushed Raw Materials onto Open Stockpile 

S009 - Front End Loader Activity

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission Factors 

Method Interval 

Process Rate 3.1 Front End Loaders: 

1,050,000 tons/year 

131,250 tons/month 

 4,375 tons/day 

Recordkeeping Monthly and Daily 

PM 13.61 tons/year 

PM10 

3.2 

6.14 tons/year 

0.77 ton/month 

53.00 lbs/day 

Front End 

Loader: .026 lb 

PM/ton 

.0114 lb 

PM10/ton 

Recordkeeping 

Calculation 

Monthly 

Annually 

3.3 Shall be less than 10% 

Shall not exceed 20%, 

except as provided for 

below 

Opacity 

3.4 

Certain Operating 

Conditions - Shall not 

exceed 30% 

Inspection 

Method 9 

Daily 

Semiannually and As Needed 

PM Emission 

Control Plan 

3.5 Inspection Weekly 

MACT 

Standard – 

Opacity 

3.6 Shall not exceed 10% 

3.1 Process rates shall not exceed the rates listed in the table above (Construction Permit 98BO0292revised 

according to Section I, Condition 1.3 of this permit, to delete the rolling twelve month total requirement). 

Compliance with the monthly limits shall be demonstrated until the beginning of the first calendar year after 

commencement of operation at the new production rate. Thereafter, compliance with the annual limits shall be 

determined on an annual basis. The permittee shall maintain monthly and annual records of actual process rates 

on site for inspection upon request. The permittee shall maintain records of the number of days of operation for 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 21 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

each month. Compliance with the daily limits shall be monitored by dividing the monthly production rate by 

the number of days of operation for that month. Records of the number of days of operation and the daily 

production rate calculations shall be maintained and made available for inspection upon request. 

3.2 PM and PM10 emissions shall not exceed the rates listed in the table above (Construction Permit 

98BO0292, revised according to Section I, Condition 1.3 of this permit, to delete the rolling twelve month total 

requirement). Compliance with the monthly limits shall be demonstrated until the beginning of the first calendar 

year after commencement of operation at the new production rate. Thereafter, compliance with the annual limits 

shall be determined on an annual basis. The actual material processing records required in Condition 3.1 and the 

PM emission control plan required in Condition 3.6 shall be used to monitor compliance with the emissions 

limits. The Annual Certification shall describe how the inspection, maintenance work, and repair documentation 

affected emissions. 

For APEN reporting and fee purposes, the annual PM and PM10 emissions shall be estimated using the actual 

annual processing rates recorded under Condition 3.1, the listed emission factors (emission factors taken from 

Construction Permit 98BO0292 analysis), and control measure efficiencies. A record of the annual emission 

calculations shall be maintained and made available to the Division for inspection upon request. 

3.3 The equipment/activities in this process system are subject to 40 CFR Part 60, Subpart F, Standards of 

Performance for Portland Cement Plants, as adopted by reference in Colorado Regulation No. 6, Part A, as set 

forth in Condition 21 of this permit. 

3.4 These sources, except for Front End Loader Activity, are subject to the opacity limits set forth in 

Condition 22. of this permit. 

3.5 The following particulate emission control measures shall be applied to the particulate emission 

producing sources (Construction Permit 98BO0292, Colorado Regulation No. 1, III.D.1.b). 

3.5.1 Height of discharge from the stacker belt shall be adjusted to minimize the drop height to less 

than 3 feet. Water spray bars shall be used if the natural surface moisture is insufficient to limit 

opacity to less than 10 percent. 

3.5.2 Transfer points shall be enclosed and maintained under negative pressure. 

3.5.3 Moisture content of the materials handled by front-end loaders shall be adequate to effectively 

control the emissions.(Construction Permit 98BO0292, as modified according to Section I, 

Condition 1.3 of this permit) 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 22 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

3.5.4 When feeding the primary crusher at the plant, material drop height from the front-end loaders 

shall be minimized, and the drop height shall not exceed 3 feet above the top edge of the 

hopper.(Construction Permit 98BO0292, as modified per Section 1, Condition 1.3 of this permit) 

3.5.5 The stockpile work area on which the front-end loaders operate shall be treated with chemical 

dust suppressants and/or water to minimize the generation of fugitive emissions. The operation 

of front-end loaders in this area will be suspended whenever the average wind speed exceeds 30 

m.p.h.(Construction Permit 98BO0292, as modified per Section 1, Condition 1.3 of this permit) 

3.5.6 Paved travel areas used by the front-end loader shall be regularly swept with a high efficiency 

vacuum sweeper to minimize material buildups. In addition, these areas will be watered as 

necessary and vehicle traffic suspended or rerouted if fugitive emissions become a 

concern.(Construction Permit 98BO0292, as modified per Section 1, Condition 1.3 of this 

permit) 

3.5.7 Front end loader and hauling activities shall be suspended when the wind speed reaches or 

exceeds 30 m.p.h., averaged over a 60-minute period. Activities may continue when the average 

wind speed drops below 30 m.p.h. (Construction Permit 98BO0292, as modified per Section 1, 

Condition 1.3 of this permit) 

The permittee shall install a marker to indicate a distance 3 feet above the top of the hopper. 

The permittee shall install, calibrate, and operate a wind speed instrument which will be used to alert 

personnel when wind speeds reach or exceed 30 m.p.h. The permittee shall maintain records of those 

dates and times when wind speed reaches or exceeds 30 m.p.h, averaged over a sixty minute period. The 

Annual Certification shall include a statement that the activities identified in Condition 3.5.7 were 

suspended when average wind speeds reached or exceeded 30 m.p.h. threshold. 

A weekly inspection of the site shall be conducted to ensure the emission control elements are in place 

and effective. In addition, at any time when a fugitive dust problem is observed, the permittee shall take 

action to correct the problem. The permittee shall maintain records of the date and time of any fugitive 

dust problem observed, and the type and time of action taken to correct the problem. These records shall 

be maintained on site for inspection upon request. The Annual Certification shall include a statement 

that the PM Emission Control Plan measures are in place and effectively minimizing fugitive emissions.
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 23 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

4. P001 

 S002 - Primary Crusher at Plant Site 

S004 - Surge Silo 

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Material 

Throughput 

4.1 Records Annually 

PM &PM10 4.2 PM & PM10: 

Crusher: 0.001 

lb/ton 

Surge Silo: 2.9 

x 10-5 lb/ton 

Calculation Annually 

PM 4.3 See Condition 4.3 Control Equipment 

Maintenance 

Annual Certification 

Shall not exceed 

20%, except as 

provided for 

below 

Opacity 4.4 

Certain Operating 

Conditions - Shall 

not exceed 30%, 

for a period or 

periods 

aggregating more 

than six (6) 

minutes in any 60 

consecutive 

minutes 

Inspection 

Method 9 

Baghouse 

Maintenance and 

Operation 

Daily 

As Needed

4.1 Records of the annual amounts of raw materials throughput shall be maintained and made available to 

the Division for inspection upon request. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 24 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

4.2 For APEN reporting and fee purposes, annual emissions shall be estimated using the actual annual raw 

material throughputs recorded under Condition 4.1, and the emission factor listed in the table above (AP-42, 

Section 11.6, January, 1995). These emission factors account for bagfilter control. Records of the calculations 

shall be maintained and made available for inspection upon request. 

4.3 During any consecutive sixty (60) minute period, PM emissions shall not exceed: 

E = 17.31 (P)0.16

Where: 

E is the allowable particulate emissions in lbs/hr. 

P is the process weight rate in tons/hr 

(Colorado Regulation No. 1, III.C.1.b). In absence of evidence to the contrary, compliance with this 

limit shall be monitored using the baghouse operating and maintenance requirements of Condition 22. 

4.4 These sources are subject to the opacity limits set forth in Condition 22. of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 25 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

5. P002 - Raw Materials Drying (S005) 

Monitoring 

Report Interval 

Parameter Permit 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Operating 

Hours 

7,000 hours/year 

Dryer Feed 1,050,000 

tons/year 

160 tons/hour 

Natural Gas 

5.1 

209.32 million 

scf/year 

Coal 5.2 1.4 tons/hour 

Recordkeeping Monthly 

 Dryer Heat 

Input 

5.3 210,000 million 

Btu/year 

Fuel Sampling 

Recordkeeping 

Semi-annually 

Monthly 

PM 22.8 tons/year 

PM10 

5.4 

22.8 tons per year 

and 6.5 lbs/hour 

Stack Test 

Baghouse Maintenance 

and Operation 

Calculation 

From Annually to Once 

per Permit Term (See 

Condition 5.4) 

Annually 

SO2 36.7 tons/year 

NOx 13.9 tons/year 

VOC 144.8 tons/year 

CO 

5.5 

57.3 tons/year 

Lead 5.5 1.6 tons/year 

Stack Test 

Stack Test 

Calculation 

Once per permit term 

Annually 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 26 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

5.6 1.5 micrograms 

per standard cubic 

meter averaged 

over a one-month 

period (StateOnly) 

Modeling, 

Recordkeeping and 

Calculation 

See Condition 5.6 

5.7 Shall be less than 

10 % 

Shall not exceed 

20%, except as 

provided for 

below 

Opacity 

5.8 

Certain Operating 

Conditions - Shall 

not exceed 30% 

Method 9 Semiannually 

After Fuel Switch to 

Coal 

As Necessary 

RACT - 

VOC 

5.9 Process Design Compliance 

Certification 

Annually 

MACT 

Standard - 

Opacity 

5.10 Shall not exceed 

10% 

Method 9 

Method 22 

O&M Plan 

Once per 5 years 

Monthly to Annually 

5.1 Annual operating hours , annual and hourly feed rates, and annual fuel consumption shall not exceed the 

limits listed in the above table (Construction Permit 12BO444-1). Records of the monthly and annual operating 

hours, annual and monthly feed rates, and annual fuel consumption shall be maintained and made available to 

the Division for inspection upon request. Compliance with the hourly feed rate shall be determined by dividing 

the monthly feed rate by the monthly hours of operation. 

5.2 The terms and conditions of this permit are based on the dryer using natural gas as the primary fuel. 

Coal may be used as a backup fuel during emergencies and natural gas curtailments. The Division shall be 

notified, in writing, within seven (7) calendar days of the start of coal use. Records of the amounts of coal 

burned and the duration of the combustion must be maintained. Compliance with the hourly coal consumption 

limit shall be determined by dividing the monthly amount of coal burned by the number of hours coal was 

burned during the month. (Construction Permit 12BO444-1) 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 27 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

5.3 Dryer heat input shall not exceed 0.21 x 106 mmBtu per year (Construction Permit 12BO444-1). Records 

of the annual amount shall be maintained and made available to the Division for inspection upon request. The 

heat content of the natural gas shall be determined semi-annually using ASTM Methods or other appropriate 

methods approved by the Division. 

If coal is used as a fuel during the semi-annual period, coal shall be sampled at least semiannually to 

determine the heat content and weight percent sulfur. Prior to the first coal sampling event, a coal 

sampling plan shall be submitted to the Division for approval. The coal sampling plan shall at a 

minimum include the elements identified in Appendix G. The sulfur and heat content of the coal shall be 

determined by sampling and testing the coal in accordance with the Division approved coal sampling 

plan. Alternatively, vendor receipts, invoices, contracts or similar information may be used to provide 

the values for sulfur and heat content. Such information shall indicate that the coal sampling and 

analysis has been performed in accordance with ASTM procedures, or equivalent, identified in 

Appendix G. 

5.4 PM and PM10 emissions shall not exceed the limits listed in the table above (Construction Permit 

12BO444-1). Compliance with the emission limits shall be monitored using the records of operating hours, fuel 

use, and feed rate required in Condition 5.1, the results of the test required in this Condition 5.4 (test results 

during coal burning shall be used to estimate emissions when coal is burned, and test results during natural gas 

shall be used to estimate emissions when natural gas is burned), and the baghouse maintenance and operating 

procedures required in this Condition 5.4. Compliance with the short term PM10 emission limit shall be 

determined by dividing the monthly fuel consumption by the monthly hours of operation, and applying the stack 

test results. 

Stack Testing 

Stack testing for PM shall be performed as set forth in Condition 23 of this permit, except that: (1) if the 

first annual test results indicate emissions are less than or equal to 50% of the emission limit, no 

additional tests are required during the permit term; (2) if the first annual test results indicate emissions 

are more than 50%, but less than or equal to 75% of the emission limit, another test is not required until 

within one year of expiration of this permit; (3) if the first annual test results indicate emissions are 

greater than 75% of the emission limit, an annual test is required until the provisions of (1) or (2) are 

met. Tests shall be performed using the primary fuel, natural gas, however, a stack test shall be 

performed according to Condition 23 of this permit, to determine compliance when coal is used for a 

fuel, if coal is used for 45 days or more during any calendar year. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 28 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Bagfilter Operation and Maintenance 

 Routine maintenance of and operational procedures performed on the baghouse shall be conducted in 

accordance with manufacturer’s specifications and/or the permittee’s operating experience. These 

procedures shall be in written format. Any maintenance work performed shall be documented and 

maintained to be made available to the Division upon request. 

For APEN reporting and fee purposes, annual PM and PM10 emissions shall be calculated using the test 

results and the actual operating hours as recorded under Condition 5.1. Records of the emissions 

calculations shall be maintained and made available for inspection upon request. 

5.5 Emissions shall not exceed the limits listed in the table above (Construction Permit 12BO444-1, revised 

according to Section I, Condition 1.3 of this permit, to delete the rolling twelve month total requirement). 

Compliance with the emission limits shall be monitored using the monthly records of operating hours, fuel use, 

and feed rate required in Condition 5.1, the results of the test required in this Condition 5.5 (test results obtained 

during coal burning conditions shall be used to estimate emissions from burning coal, and test results obtained 

during natural gas burning shall be used to estimate emissions when natural gas is used), and monitoring 

operating parameters, as required in this Condition 5.5. 

Stack Testing 

Performance testing for lead, sulfur dioxide, nitrogen oxides, carbon monoxide, and volatile organic 

compounds shall be performed within one year of issuance of this permit, and every five years 

thereafter, in accordance with the requirements and procedures set forth in the following EPA Test 

Methods: 

Method 12 (lead) 

Method 6-6C (SO2) 

Method 10 (CO) 

Method 7E (NOx) 

Method 25A (VOC) 

Tests shall be performed under natural gas conditions, however, tests shall be performed under coal 

burning conditions if a test as described under Condition 5.4 is required (a coal test is required only once 

per permit term, if applicable). A stack testing protocol shall be submitted for Division approval at least 

thirty (30) calendar days prior to performance of each test. No stack test shall be performed without 

prior written approval by the Division . The Division reserves the right to witness the test. The required 

number of copies of the compliance test results shall be submitted to the Division within forty-five (45) 

calendar days of the completion of the test. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 29 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Operating Parameters 

Operating parameters shall be established during each performance test. The permittee shall operate the 

dryer within the established parameters until new parameters are established during the next test. The 

test protocol shall identify and describe which parameters will be measured and how the parameters are 

related to emissions. 

Within six months of completion of the first required test, the permittee shall submit to the Division a 

plan for monitoring the parameters identified during the test. 

For APEN reporting and fee purposes, annual emissions shall be calculated using the test results and the 

actual annual operating hours as recorded under Condition 5.1. Records of the calculations shall be 

maintained and made available for inspection upon request. 

5.6 Emissions of lead shall not be such that emissions result in an ambient lead concentration exceeding 1.5 

micrograms per standard cubic meter averaged over a one-month period (Colorado Regulation No. 8, Part C, 

Section I.B). The permittee submitted modeling results which indicate compliance with this applicable 

requirement. A copy of the modeling analysis and results shall be maintained and made available for inspection 

upon request. 

5.7 This source is subject to the requirements of 40 CFR Part 60, Subpart F, Standards of Performance for 

Portland Cement Plants as adopted by reference in Colorado Regulation No. 6, Part A, as set forth in Condition 

21 of this permit. Note: On and after the MACT compliance date of June 10, 2002, any affected source subject 

to the provisions of the MACT standard is exempted from any otherwise applicable new source performance 

standard contained in 40 CFR part 60, Subpart F. (63.1356) 

5.8 These sources are subject to the opacity limits set forth in Condition 22. of this permit. 

5.9 This source shall utilize Reasonably Available Control Technology (RACT) for VOC emissions 

(Colorado Regulation No. 7, II.C). Operation of this dryer as designed represents RACT. Any modification of 

the design shall require a new RACT determination and modification or reopening of this permit. 

5.10 On and after the MACT compliance date of June 10, 2002, these sources are subject to the MACT 

standard, as set forth in Conditions 24 of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 30 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

6. P003 - Secondary Crushing 

 Crusher and Screen 

 S001 - Secondary Crushing Dust Silo 

 S003 - #4 Belt Transfer 

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Process 

Rate 

6.1 Records Annually 

PM &PM10 6.2 PM & PM10: 

Screening 

and 

Crushing: 

0.00031 

lb/ton 

Silo and Belt 

Transfer: 2.9 

x 10-5 lb/ton 

(each 

bagfilter) 

Calculation Annually 

PM 6.3 See Condition 

6.3 

Control Equipment 

Maintenance 

Annual Certification 

Opacity 6.4 Shall not exceed 

20%, except as 

provided for 

below 

Inspection 

Method 9 

Baghouse O&M 

Daily 

As Needed 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 31 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

 Certain 

Operating 

Conditions - 

Shall not exceed 

30%, for a 

period or periods 

aggregating 

more than six (6) 

minutes in any 

60 consecutive 

minutes 

 

6.1 Records of the annual amount of raw material throughput shall be maintained and made available to the 

Division for inspection upon request. 

6.2 For APEN reporting and fee purposes, annual emissions shall be estimated using the actual annual raw 

material throughputs recorded under Condition 6.1, and the emission factor listed in the table above (AP-42, 

Section 11.6, January, 1995). These factors take the control equipment efficiency into account. Records of the 

calculations shall be maintained and made available for inspection upon request. 

6.3 During any consecutive sixty (60) minute period, PM emissions shall not exceed: 

E = 17.31 (P)0.16

Where: 

E is the allowable particulate emissions in lbs/hr. 

P is the process weight rate in tons/hr 

(Colorado Regulation No. 1, III.C.1.b). In absence of evidence to the contrary, compliance with this 

limit shall be monitored using the baghouse operating and maintenance requirements of Condition 22. 

6.4 These sources are subject to the opacity limits set forth in Condition 22. of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 32 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

7. P004 - Raw Materials Storage 

 S006 through S008 - Raw Materials Storage Silos 

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Process 

Rate 

7.1 Records Annually 

PM &PM10 7.2 PM & PM10: 

2.9 x 10-5

lb/ton (for 

each baghouse 

stack) 

Calculation Annually 

PM 7.3 See Condition 7.3 Control Equipment 

Maintenance 

Annual Certification 

Shall not exceed 

20%, except as 

provided for 

below 

Opacity 7.4 

Certain Operating 

Conditions -Shall 

not exceed 30%, 

for a period or 

periods 

aggregating more 

than six (6) 

minutes in any 60 

consecutive 

minutes 

Inspection 

Method 9 

Baghouse 

Maintenance and 

Operation 

Daily 

As Needed 

MACT 

Standard - 

Opacity 

7.5 Shall not exceed 

10% 

Method 9 

Method 22 

O&M Plan 

Once per five years 

Monthly to Annually 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 33 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

7.1 Records of the annual amounts of raw material throughputs shall be maintained and made available to 

the Division for inspection upon request. 

7.2 For APEN reporting and fee purposes, annual emissions shall be estimated using the actual annual raw 

material throughputs recorded under Condition 7.1, and the emission factor listed in the table above (AP-42, 

Section 11.6, January, 1995). This factor accounts for the control equipment efficiency. Records of the 

calculations shall be maintained and made available for inspection upon request. 

7.3 During any consecutive sixty (60) minute period, PM emissions shall not exceed: 

E = 17.31 (P)0.16

Where: 

E is the allowable particulate emissions in lbs/hr. 

P is the process weight rate in tons/hr 

(Colorado Regulation No. 1, III.C.1.b). In absence of evidence to the contrary, compliance with this 

limit shall be monitored using the baghouse operating and maintenance requirements of Condition 22. 

7.4 These sources are subject to the opacity limits set forth in Condition 22. of this permit. 

7.5 On and after the MACT compliance date of June 10, 2002, these sources are subject to the MACT 

requirements, as set forth in Conditions 24 of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 34 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

8. P005 - Raw Mill Grinding 

S010 - Raw Mill 

 S011 - Raw Mill Auxiliary (Separator) 

 S012 - Raw Mill Weigh Feeder 

 S013 - Iron/Silica Silo

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Process 

Rate 

8.1 Recordkeeping Annually 

PM &PM10 8.2 PM & PM10: 

S010 - 0.012 

lb/ton 

S011 - 0.032 

lb/ton 

S012 - 0.019 

lb/ton 

S013 - 0.0031 

lb/ton 

Calculation Annually 

PM 8.3 See Condition 8.3 Control Equipment 

Maintenance 

Annual Certification 

Shall not exceed 

20%, except as 

provided for 

below 

Opacity 8.4 

Certain Operating 

Conditions – Shall 

not exceed 30% 

Inspection 

Method 9 

Baghouse 

Maintenance and 

Operation 

Daily 

As Needed 

MACT 

Standard - 

Opacity 

8.5 Shall not exceed 

10% 

Method 9 

Method 22 

O&M Plan 

Once per five years 

Daily 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 35 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

8.1 Records of the annual amounts of raw material throughputs shall be maintained and made available to 

the Division for inspection upon request. 

8.2 For APEN reporting and fee purposes, annual emissions shall be estimated using the actual annual raw 

material throughputs recorded under Condition 8.1, and the emission factors listed in the table above (AP-42, 

Section 11.6, January, 1995). These factors account for the control equipment efficiency. Records of the 

calculations shall be maintained and made available for inspection upon request. 

8.3 During any consecutive sixty (60) minute period, PM emissions shall not exceed: 

E = 17.31 (P)0.16

Where: 

E is the allowable particulate emissions in lbs/hr. 

P is the process weight rate in tons/hr 

(Colorado Regulation No. 1, III.C.1.b).In absence of evidence to the contrary, compliance with this limit 

shall be monitored using the baghouse operating and maintenance requirements of Condition 22. 

8.4 Theses sources are subject to the opacity limits set forth in Condition 22. of this permit. 

8.5 On and after the MACT compliance date of June 10, 2002, the raw mill is subject to the MACT 

standard, as set forth in Conditions 24 of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 36 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

9. P006 - Homogenizing and Blending 

 S014 - Homogenizing Silo 

 S015 - Kiln Feed Silo

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Process 

Rate 

9.1 Recordkeeping Annually 

PM &PM10 9.2 PM & PM10: 

2.9 x 10-5

lb/ton (for 

each baghouse 

stack) 

Calculation Annually 

PM 9.3 See Condition 9.3 Control Equipment 

Maintenance 

Annual Certification 

Shall not exceed 

20%, except as 

provided for 

below 

Opacity 9.4 

Certain Operating 

Conditions - Shall 

not exceed 30%, 

for a period or 

periods 

aggregating more 

than six (6) 

minutes in any 60 

consecutive 

minutes 

Inspection 

Method 9 

Baghouse 

Maintenance and 

Operation 

Daily 

As Needed 

MACT 

Standard - 

Opacity 

9.5 Shall not exceed 

10% 

Method 9 

Method 22 

O&M Plan 

Once per five years 

Daily 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 37 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

9.1 Records of the annual amounts of material throughput shall be maintained and made available to the 

Division for inspection upon request. 

9.2 For APEN reporting and fee purposes, annual emissions shall be estimated using the actual annual 

material throughputs recorded under Condition 9.1, and the emission factor listed in the table above (AP-42, 

Section 11.6, January, 1995). This factor accounts for control equipment efficiency. Records of the calculations 

shall be maintained and made available for inspection upon request. 

9.3 During any consecutive sixty (60) minute period, PM emissions shall not exceed: 

E = 17.31 (P)0.16

Where: 

E is the allowable particulate emissions in lbs/hr. 

P is the process weight rate in tons/hr 

(Colorado Regulation No. 1, III.C.1.b). In absence of evidence to the contrary, compliance with this 

limit shall be monitored using the baghouse operating and maintenance requirements of Condition 22. 

9.4 These sources are subject to the opacity limits set forth in Condition 22. of this permit. 

9.5 On and after the MACT compliance date of June 10, 2002, the raw mill is subject to the MACT 

standard, as set forth in Condition 24 of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 38 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

10. P007- Kiln, Calciner (S016) 

 P008 - Clinker Cooler (S018)

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Kiln Feed 

Rate & 

Clinker 

Production 

Rate 

10.1 Recordkeeping Daily 

Operating 

Hours 

10.2 8,064 hours/year Recordkeeping Daily and Annually 

Kiln Feed 

Rate 

120 tons/hour 

967,680 tons/year 

(dry basis) 

Recordkeeping Daily and Annually 

Natural Gas 

Coal 

Whole or 

Shredded 

Tires 

Petroleum 

Coke 

10.3 

The use of any other 

fuel requires Division 

approval 

Recordkeeping Monthly 

Opacity - 

Kiln 

10.4.3 Shall not exceed 

20 % 

Opacity - 

Clinker 

Cooler 

10.4.4 Shall be less than 

10% 

Opacity 10.6 Shall not exceed 20%, 

except as provided for 

in 10.7 

Continuous 

Opacity Monitor 

Continuous 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 39 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

10.7 Certain Operating 

Conditions - Shall not 

exceed 30% 

 

PM & 

PM10 

10.8 133 tons/year Stack Test Stack Test 

Recordkeeping 

Annually to Once per 

permit term (See 

Condition 10.4.1) 

Daily and Monthly 

10.4.1 0.30 pound/ton of 

feed (dry basis) 

PM & PM10

- Kiln 

10.5 0.275 pound/ton of 

feed (dry basis) 

PM & PM10 

- Clinker 

Cooler 

10.4.2 0.10 pound/ton of 

feed (dry basis) 

Stack Test Stack Test Annually to Once per 

permit term (See 

Condition 10.4.1) 

NOx 2649.0 tons/year 

CO 396.0 tons/year 

10.8 

SO2 1340 tons/year 

10.9 7 lbs/ton of material 

VOC 10.8 138 tons/year 

CEM Continuous 

 

HCl 10.10 0.0381 lb/ton 

clinker 

Recordkeeping 

Calculation 

Monthly 

Annually 

Lead 10.11 4.4 tons/year Stack Test Stack Test 

Recordkeeping 

Once Every Five 

Years 

Annually 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 40 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

10.12 1.5 micrograms per 

standard cubic meter 

averaged over a onemonth period (StateOnly) 

Modeling, 

Recordkeeping and 

Calculation 

See Condition 10.11 

RACT - 

VOC 

10.13 Process Design Compliance 

Certification 

Annually 

MACT 

Standards 

10.14 Kiln: 0.30 lb PM/ton 

feed (dry) 

20% opacity 

D/F emission limit 

Clinker Cooler: 0.10 

lb PM/ton feed (dry) 

10% opacity 

Stack Test 

O&M Plan 

COM 

Kiln:PM CEMS 

Once every five years 

Continuous 

(Deferred) 

10.1 The permittee shall record the daily production rates and kiln feed rates (40 CFR Part 60, Subpart F, as 

adopted by reference in Colorado Regulation No. 6, Part A and Construction Permit 12BO444-2). In addition, 

the permittee shall maintain a record of daily raw material consumption and clinker production rates 

(Construction Permit 12BO444-2). Note: After the MACT compliance date of June 10, 2002, this requirement 

still applies, as a Construction Permit applicable requirement. 

10.2 Annual operating hours shall not exceed 8,064 (Construction Permit 12BO444-2). The permittee shall 

maintain records of annual and daily (Construction Permit 12BO444-2) operating hours on site for inspection 

upon request. 

10.3 The Construction Permit was issued based on permitted fuels consisting of natural gas, coal, and/or used 

tires. The use of petroleum coke is incorporated directly into this operating permit according to Section 1, 

Condition 1.3 of this permit. No other fuels shall be used without prior approval from the Division. Records of 

the amount of each type of fuel shall be maintained on an annual and daily (Construction Permit 12BO444-2) 

basis and made available for inspection upon request. Kiln feed rate shall not exceed 120 tons/hour or 967,680 

tons/year (dry basis). (Feed rate limits incorporated directly into this operating permit.) Records of the annual 

kiln feed rate shall be maintained an made available for inspection upon request. Compliance with the hourly 

kiln feed rate shall be determined by dividing the daily kiln feed rate, as recorded under Condition 10.1, by the 

daily hours of operation, as recorded under Condition 10.2. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 41 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

10.4 This source is subject to the requirements of 40 CFR Part 60, Subpart F, Standards of Performance for 

Portland Cement Plants, as adopted by reference in Colorado Regulation No. 6, Part A, as follows. 

10.4.1 Particulate matter emissions from the kiln shall not exceed 0.30 pound per ton of feed (dry 

basis). 

10.4.2 Particulate matter emissions from the clinker cooler shall not exceed 0.10 pound per ton of feed 

(dry basis). 

Stack Testing 

Stack testing for PM shall be performed as set forth in Condition 23 of this permit, except that: (1) if the 

first annual test results indicate emissions are less than or equal to 50% of the emission limit, no 

additional tests are required during the permit term; (2) if the first annual test results indicate emissions 

are more than 50%, but less than or equal to 75% of the emission limit, another test is not required until 

within one year of expiration of this permit; (3) if the first annual test results indicate emissions are 

greater than 75% of the emission limit, an annual test is required until the provisions of (1) or (2) are 

met. Tests shall be performed using the primary fuel that will be used during the year or the permit term, 

whichever is applicable, however, a stack test shall be performed according to Condition 23 of this 

permit, to determine compliance when any other fuel is used, if any other fuel is used for 45 days or 

more during any calendar year. Alternatively, the permittee may test using the worst case particulate 

matter emitting fuel, as approved by the Division, and shall then use this emission rate to estimate PM 

emissions from all fuels. The emission rate of particulate matter shall be computed for each run using 

the procedures and equation set forth in 40 CFR Part 60, Subpart F, 60.64. 

Bagfilter Operation and Maintenance 

Routine maintenance of and operational procedures performed on the baghouses shall be conducted in 

accordance with manufacturer’s specifications and/or the permittee’s operating experience. These 

procedures shall be in written format. Any maintenance work performed shall be documented and 

maintained to be made available to the Division upon request. 

10.4.3 Opacity for the kiln shall not exceed 20%. 

10.4.4 Emissions at the clinker cooler shall not exhibit 10 percent opacity, or greater. 

These PM and opacity standards apply at all times except during periods of startup, shutdown, and 

malfunction (40 CFR Part 60, Subpart A, 60.11(c)), however, at all times, the permittee shall use good 

operating practices as required by Condition 19. of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 42 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Continuous Opacity Monitor 

The permittee shall install, calibrate, maintain, and operate in accordance with 40 CFR Part 60, Subpart 

A, 60.13 and Subpart F, a continuous opacity monitoring system to measure the opacity of emissions 

discharged into the atmosphere from the kiln and from the clinker cooler. (40 CFR Part 60, Subpart F) 

The permittee shall submit reports of excess emissions. Periods of excess emissions that shall be 

reported are defined as all 6-minute periods during which the opacity limits listed above is exceeded. 

The content of these reports shall comply with the requirements of 40 CFR Part 60, Subpart A, 60.7(c). 

Such reports shall be submitted semiannually (40 CFR Part 60, Subpart F). Compliance with the 

reporting requirements of this section shall not relieve the owner or operator of the reporting 

requirements found in General Condition 4 of Section IV of this Operating Permit. 

Method 9 observations shall be used when the opacity monitoring system is unable to provide quality 

assured data. The observations shall be taken as follows: A Method 9 observation shall be performed by 

a certified opacity observer once per day. In addition, during these periods, the permittee shall maintain 

records of all instances when visible emissions are observed. These records shall include the date and 

time of the visible emissions, any circumstances pertinent to the emissions and any action taken as a 

result of the visible emissions. If visible emissions are present, a Method 9 observation shall be 

performed by a certified opacity observer at least once per hour while visible emissions are present. If 

any Method 9 opacity observation required above exceeds the applicable standard, additional 

observations must be performed. Consecutive observations shall be performed until two (2) consecutive 

observations are in compliance with the standard. 

The visual emissions records, records of results of Method 9 readings and a copy of the Method 9 

reader’s certification shall be kept on site and made available for inspection upon request. Copies of any 

observations exceeding the applicable standard shall be submitted with the next scheduled report. 

The permittee shall maintain records of the occurrence and duration of any startup, shutdown, or 

malfunction in the operation of the kiln and clinker cooler; any malfunction of the air pollution control 

equipment; and any periods during which a continuous monitoring system or monitoring device is 

inoperative. (40 CFR Part 60, Subpart A, 60.7(b)) 

The permittee shall keep records of daily opacity measurements (Construction Permit 12BO444-2). 

Note: On and after the MACT compliance date of June 10, 2002, any affected source subject to the 

provisions of the MACT standard is exempted from any otherwise applicable new source performance 

standard contained in 40 CFR part 60, Subpart F. (63.1356) 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 43 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

10.5 Particulate matter emissions from the kiln shall not exceed 0.275 pound per ton of feed (dry basis). 

(Incorporated directly into this operating permit through a combined construction/operating permit process, to 

make the annual PM emission limits enforceable.) 

Stack Testing 

Stack testing for PM shall be performed as set forth in Condition 10.4, above. 

Bagfilter Operation and Maintenance 

Routine maintenance of and operational procedures performed on the baghouses shall be conducted in 

accordance with manufacturer’s specifications and/or the permittee’s operating experience. These 

procedures shall be in written format. Any maintenance work performed shall be documented and 

maintained to be made available to the Division upon request. 

This PM standard applies at all times except during periods of startup, shutdown, and malfunction, 

however, at all times, the permittee shall use good operating practices as required by Condition 19. of 

this permit. 

The permittee shall maintain records of the occurrence and duration of any startup, shutdown, or 

malfunction in the operation of the kiln and clinker cooler; any malfunction of the air pollution control 

equipment. 

(Note: This Condition 10.5 remains in effect after the MACT compliance date.) 

10.6 Opacity shall not exceed 20%, except as provided for under Condition 10.7. (Colorado Regulation No. 

1, II.A.1). 

Compliance with this opacity limit shall be demonstrated using the continuous opacity monitor as set 

forth in Condition 10.4. 

10.7 Opacity of emissions during fire building, cleaning of fire boxes, soot blowing, start-up, process 

modifications or adjustment of control equipment shall not exceed 30% for a period or periods aggregating 

more than six (6) consecutive minutes in any sixty (60) consecutive minutes (Colorado Regulation No. 1, 

Section II.A.4). 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 44 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Compliance with this opacity limit shall be demonstrated using the continuous opacity monitor as set 

forth in Condition 10.4. 

10.8 Emissions of PM, PM10, NOx, SO2, CO, and VOC shall not exceed the limits listed in the above table. 

(Construction Permit 12BO444-2, revised according to Section I, Condition 1.3, to delete the rolling twelve 

month total requirement – Revisions to the NOx and CO emission limits are incorporated directly into this 

operating permit in accordance with Section I, Condition 1.3). 

 NOx, SO2, CO, and VOC emissions shall be monitored on a continuous basis by certified continuous 

emission monitors. Proper installation, certification and operation shall include annual certification and 

quarterly audits of the calibration gases. (Construction Permit 12BO444-2). For APEN reporting and 

fee purposes, the CEM data shall be used to estimate emissions. When the CEMS are unable to provide 

quality assured data the following applies: When data is not available for 48 hours or less, the highest 

recorded hourly emission rate from the previous 24 hours shall be used. When data is not available for 

more than 48 hours, the maximum daily emission rate, based on the previous 30 days, shall be used. 

Compliance with the PM and PM10 emission limits shall be monitored using the stack test results and 

baghouse maintenance procedures under Condition 10.3, and the records of production rates required 

under Condition 10.1. For APEN reporting and fee purposes, the stack test results and the actual 

production rates as recorded according to Condition 10.1 shall be used to estimate emissions. 

 

10.9 Sulfur dioxide emissions shall not exceed 7 pounds per ton of material (including fuel) processed 

(Construction Permit 12BO444-2, Colorado Regulation No. 1, Section VI.3.f.). Note: This is a facility-wide 

emission limit - Compliance shall be monitored using the CEM data obtained under Condition 10.8, and actual 

material throughputs recorded under Conditions 10.1 and 10.3, the relevant information recorded for the dryer, 

and any other information necessary from any other sources emitting sulfur dioxide at this facility. 

10.10 For APEN reporting and fee purposes, HCl emissions shall be estimated using actual clinker production 

and the emission factor listed in the table above (Portland Cement Association Report, September, 1996). 

Records of emission calculations shall be maintained for inspection upon request. 

10.11 Emissions of lead shall not exceed the limits shown in the table above. Records of the annual emissions 

shall be kept and made available for inspection upon request (Construction Permit 12BO444-2). 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 45 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Stack Testing 

Performance testing for lead shall be performed once during the permit term, and at least once every five 

years thereafter, in accordance with the requirements and procedures set forth in EPA Test Method 12 

forth in 40 CFR Part 60, Appendix A. Testing shall be performed for each proposed fuel type, except 

natural gas. No testing is required if natural gas is the only fuel used during the permit term. 

Alternatively, the permittee may test using the worst case lead emitting fuel, and shall then use this 

emission rate to estimate PM emissions from all fuels. A stack testing protocol shall be submitted for 

Division approval at least thirty (30) calendar days prior to performance of the test. No stack test shall 

be performed without prior written approval by the Division. The Division reserves the right to witness 

the test. The required number of copies of the compliance test results shall be submitted to the Division 

within forty-five (45) calendar days of the completion of the tests. 

For monitoring compliance with the emission limits, and for APEN reporting and fee purposes, the stack 

test results and the actual production rates as recorded according to Condition 10.1 shall be used to 

estimate emissions. 

 

10.12 Emissions of lead shall not be such that emissions result in an ambient lead concentration exceeding 1.5 

micrograms per standard cubic meter averaged over a one-month period (Colorado Regulation No. 8, Part C, 

Section I.B). The permittee submitted modeling results which indicate compliance with this applicable 

requirement. A copy of the modeling analysis and results shall be maintained and made available for inspection 

upon request. 

10.13 This source shall utilize Reasonably Available Control Technology (RACT) for VOC emissions 

(Colorado Regulation No. 7, II.C). Operation of this kiln and clinker cooler as designed represents RACT. Any 

modification of the design shall require a new RACT determination and modification or reopening of this 

permit. 

10.14 On and after the MACT compliance date of June 10, 2002, these sources are subject to the MACT 

standard, as set forth in Conditions 24 of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 46 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

11. P009 - Clinker/Gypsum Silos and Weigh Feeders 

 S026 - S035 and S021 - S051 - Weight Feed Conveyors 

 S024 - Transfer 

 S038 - Separator 

 S039 - S041 - Silos and Weigh Feeders

Surge Bin

P010 - Sheltered Clinker Storage Stockpile with Underground Reclamation 

 S017 - Clinker Drop 

 S023 - Transfer 

 S024A - A-Frame Building 

 P010A - Outdoor Clinker Storage, and Handling of Clinker with Front End Loaders 

 S024B 

 P011 - Cement Finish Mill and Bucket Elevator/Auxiliaries 

 S036 & S037 - Grinding 

P012 - High Efficiency Separator (Classifier) and Baghouse Collector 

 P013 - Cement Storage Silos/Packhouse/Loadout 

 S043 to S048 - Cement Silos

S049 & S050 - Packhouse

Two Bulk Cement Loadout Spouts 

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

P009 Clinker Handled: 

600,000 tons/year 

75,000 tons/month 

4,000 tons/day 

P010 Clinker Handled: 

600,000 tons/year 

75,000 tons/month 

5,500 tons/day 

Process 

Limits 

11.1 

P010A Maximum Clinker 

Stored: 

120,000 tons 

Clinker Handled: 

180,000 tons/year 

5,500 tons/day 

Recordkeeping Monthly and 

annually 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 47 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

P011 Overall Fresh Feed 

to Mill: 

631,600 tons/year 

80,000 tons/month 

4,500 tons/day 

P012 Cement Produced: 

631,600 tons/year 

80,000 tons/month 

4,500 tons/day 

 

P013 Cement Handled: 

613,600 tons/year 

80,000 tons/month 

4,500 tons/day 

 

Operating 

Hours 

11.2 8,064 hours/year Recordkeeping Annually 

P009 7.02 tons/year 

P010 0.82 ton/year 

0.03 

gr/dscf 

Stack Test Once Per 

Permit Term 

P010A 3.35 tons/year Recordkeeping 

Emission 

Control Plan 

Calculation 

Monthly 

Annually 

P011 15.93 tons/year 0.03 

gr/dscf 

P012 21.52 tons/year 0.01 

gr/dscf 

PM 11.3 

P013 11.39 tons/year 0.03 

gr/dscf 

Stack Test Once Per 

Permit Term 

P009 3.51 tons/year 

 0.33 tons/month 

 22 lbs/day 

50% of 

PM 

PM10 11.3 

P010 0.41 ton/year 

0.05 ton/month 

7.5 lbs/day 

50% of 

PM 

Stack Test 

Recordkeeping 

One-Time 

Monthly 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 48 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

P010A 1.30 tons/year 

0.16 ton/month 

78 lbs/day 

Recordkeeping 

Emission 

Control Plan 

Monthly 

P011 7.96 tons/year 

0.71 ton/month 

48 lbs/day 

50% of 

PM 

P012 10.76 tons/year 

1.35 tons/month 

65.2 lbs/day 

50% of 

PM 

 

P013 5.70 tons/year 

0.72 ton/month 

43 lbs/day 

50% of 

PM 

Stack Test 

Recordkeeping 

One-Time 

Monthly and 

Daily 

11.4 Shall be less than 10% 

Shall not exceed 20%, except as 

provided for below 

Opacity 

11.5 

Certain Operating Conditions - Shall 

not exceed 30% 

Inspection 

Method 9 

Daily 

Semiannually 

and As Needed 

Fugitive 

Particulate 

Emissions 

11.6 Emission Control Plan Inspection Weekly 

P031 11.7 Maintain System Under Negative 

Pressure 

Compliance 

Certification 

Annually 

MACT 

Standard - 

Opacity 

11.8 Shall not exceed 10% Method 9 

Method 22 

O&M Plan 

Once every 

five years 

Monthly to 

Annually 

11.1 The amount of clinker and cement handled shall not exceed the limits listed in the table above. 

Compliance with the monthly limits shall be demonstrated until the beginning of the first calendar year after 

commencement of operation at the new production rate. Thereafter, compliance with the annual limits shall be 

determined on an annual basis. (Construction Permit 98BO0259, revised according to Section I, Condition 1.3, 

to delete the rolling twelve month total requirement). Records of the monthly and annual handling rates shall be 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 49 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

kept on-site and made available for Division review upon request. The permittee shall maintain records of the 

number of days of operation for each month. Compliance with the daily limits shall be monitored by dividing 

the monthly handling rates by the monthly number of days of operation. Records of the number of days of 

operation and the daily calculation rates shall be maintained and made available upon request. 

11.2 Annual hours of operation shall not exceed 8,064. (Construction Permit 98BO0259, as revised according 

to Section I, Condition 1.3, to delete the rolling twelve month total requirement). Records of the annual hours 

of operation shall be kept on-site and made available for Division review upon request. 

11.3 PM and PM10 emission rates shall not exceed the limits listed in the table above. Compliance with the 

monthly limits shall be demonstrated until the beginning of the first calendar year after commencement of 

operation at the new production rate. Thereafter, compliance with the annual limits shall be determined on an 

annual basis.(Construction Permit 98BO0259, revised according to Section I, Condition 1.3 of this permit, to 

delete the rolling twelve month total requirement). For all sources except P010A, compliance with the emission 

limits shall be monitored using the results of the test required in this Condition 11.3, the maximum design flow 

rate of the control devices, the actual hours of operation as recorded under Condition 11.3, and the baghouse 

maintenance and operating procedures required in this Condition 11.3. Compliance with the daily PM10 

emission limits shall be determined using the same information, as well as the number of monthly operating 

days. The Annual Certification shall describe how the inspection, maintenance work, and repair documentation 

required in Condition 11.2 affected emissions. For P010A, compliance with the emission limits shall be 

demonstrated by meeting the production limits set forth in Condition 11.1, and by applying the Fugitive 

Particulate Emission Control Plan set forth in Condition 11.7. 

Stack Testing 

Stack testing for PM shall be performed as set forth in Condition 23 of this permit, except that tests are 

required once every five years (once per permit term), instead of annually. A test shall be performed for 

a representative bagfilter for each activity group (P009, P010, P011, P012, and P013). At least one 

activity group will be tested within one year of permit issuance to include a PM10 fraction analysis to 

verify the assumption that PM10 emissions are 50% of total PM. (Construction Permit 98BO0259) If the 

stack test indicates that PM10 emissions exceed 50% of total PM, the Division will need to review the 

activities permitted under Construction Permit 98BO0259 for nonattainment NSR applicability. The 

permittee may perform a PM10 fractional analysis (test) more frequently if this is needed to obtain 

representative information. If the permittee elects to perform additional analyses due to the failure of the 

initial test to verify that PM10 emissions are less than 50%, approval for, and the schedule for, 

performing such additional tests shall be obtained from the Division. If a stack test has been performed 

to meet the Construction Permit stack test requirement, no further testing is required during this initial 

permit term. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 50 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Bagfilter Operation and Maintenance 

 Routine maintenance of and operational procedures performed on the baghouse shall be conducted in 

accordance with manufacturer’s specifications and the permittee’s operating experience. These 

procedures shall be in written format. Any maintenance work performed shall be documented and 

maintained to be made available to the Division upon request. (Construction Permit 98BO0259) 

For all sources except P010A, for APEN reporting and fee purposes, annual PM emissions shall be 

calculated using the using the results of the test required in this Condition 11.3, the maximum design 

flow rate of the control devices, and the actual hours of operation as recorded under Condition 11.2. 

PM10 emissions shall be assumed to be 50% of PM emissions, unless the stack test required under this 

Condition 11.3 shows otherwise. For P010A, actual throughput rates recorded under Condition 11.1, 

appropriate emission factors and equations, and control efficiencies shall be used to estimate emissions. 

Records of the emissions calculations shall be maintained and made available for inspection upon 

request. 

11.4 These sources are subject to the requirements of 40 CFR Part 60, Subpart F, Standards of Performance 

for Portland Cement Plants as set forth in Condition 21 of this permit. Note: On and after the MACT 

compliance date of June 10, 2002, any affected source subject to the provisions of the MACT standard is 

exempted from any otherwise applicable new source performance standard contained in 40 CFR part 60, 

Subpart F. (63.1356) 

11.5 These sources, except for P010A, are subject to the opacity limits set forth in Condition 22. of this 

permit. 

11.6 The following particulate emission control measures shall be applied to particulate emission producing 

sources (Construction Permit 98BO0259). 

11.6.1 Roads and edges of clinker pile(s) shall be watered, except during below freezing temperatures, 

at least once per day, or more often, as necessary to abate fugitive particulate emissions. If, at 

any time, the opacity of particulate emissions from the clinker pile(s) exceeds ten (10) percent 

(as required under NSPS, Subpart F), then the pile(s) shall be watered at least once per day until 

a crust forms on the surface. 

11.6.2 Traffic on and around storage pile(s) shall be minimized. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 51 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

11.6.3 Height of fall material shall be minimized during front end loader handling. (Construction Permit 

98BO0259, as modified according to Section I, Condition 1.3 of this permit) 

11.6.4 Vehicle traffic on unpaved surfaces shall be restricted to established roadways. 

11.6.5 Clinker shall be reclaimed from the storage pile(s) as soon as possible, consistent with seasonal 

product demands and covered storage constraints. (Construction Permit 98BO0259, as modified 

according to Section I, Condition 1.3 of this permit) 

11.6.6 Paved areas shall be swept regularly with a high efficiency vacuum sweeper to minimize 

material buildups. In addition, these areas will be watered as necessary and vehicle traffic 

suspended or rerouted if fugitive emissions become a concern. (Construction Permit 98BO0259, 

as modified according to Section 1, Condition 1.3 of this permit) 

11.6.7 Activities causing fugitive dust emissions shall be suspended when wind speeds reach or exceed 

30 miles per hour, averaged over a 60-minute period. Only those activities affected by wind 

speed, and for which it is possible to “suspend operation” need be shut down (i.e., the permittee 

cannot “shut down” storage piles, thus this condition would not apply to storage piles). Activities 

may continue when the average wind speed drops below 30 m.p.h. (Construction Permit 

98BO0259, as modified per Section 1, Condition 1.3 of this permit) 

11.6.8 The drop of clinker to the outside chute shall be managed with a seal between the hopper and 

material during operation to allow effective operation of the dust collector such that emissions 

are minimized. (Construction Permit 98BO0259, as modified according to Section 1, Condition 

1.3 of this permit) 

The permittee shall install, calibrate, and operate a wind speed instrument which will be used to alert 

personnel when average wind speeds reach or exceed 30 m.p.h. The permittee shall maintain records of 

those dates and times when wind speed reaches or exceeds 30 m.p.h, averaged over a sixty minute 

period. 

A weekly inspection of the site shall be conducted to ensure the emission control elements are in place 

and effective. In addition, at any time when a fugitive dust problem is observed, the permittee shall take 

action to correct the problem. The permittee shall maintain records of the date and time of any fugitive 

dust problem observed, and the type and time of action taken to correct the problem. These records shall 

be maintained on site for inspection upon request. The Annual Certification shall include a statement 

that the PM Emission Control Plan measures are in place and effectively minimizing fugitive emissions. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 52 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

11.7 The High Efficiency Separator (Classifier) and Baghouse Collection System (P031) shall be maintained 

under a negative pressure (Construction Permit 98BO0259). 

11.8 On and after the MACT compliance date of June 10, 2002, these sources are subject to the MACT 

standard, as set forth in Conditions 24 of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 53 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

12. P014 - Clinker and Fuel Handling 

 S020 - Coal Silo 

 S025 - Coal/Clinker Hopper

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Process 

Rate 

12.1 Recordkeeping Annually 

PM &PM10 12.2 PM & PM10: 

2.9 x 10-5

lb/ton (for 

each 

baghouse 

stack) 

Calculation Annually 

PM 12.3 See Condition 

12.3 

Control Equipment 

Maintenance 

Annual Certification 

Shall not exceed 

20%, except as 

provided for 

below 

Opacity 12.4 

Certain 

Operating 

Conditions - 

Shall not exceed 

30%, for a 

period or periods 

aggregating 

more than six (6) 

minutes in any 

60 consecutive 

minutes 

Inspection 

Method 9 

Baghouse 

Maintenance and 

Operation 

Daily 

As Needed 

MACT 

Standard - 

12.5 Shall not exceed 

10% 

Method 9 Once every five years 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 54 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Opacity Method 22 

O&M Plan 

Daily 

12.1 Records of the annual amounts of material throughput shall be maintained and made available to the 

Division for inspection upon request. 

12.1 For APEN reporting and fee purposes, annual emissions shall be estimated using the actual annual 

material throughputs recorded under Condition 12.1, and the emission factor listed in the table above (AP-42, 

Section 11.6, January, 1995). This factor accounts for control equipment efficiency. Records of the calculations 

shall be maintained and made available for inspection upon request. 

12.2 During any consecutive sixty (60) minute period, PM emissions shall not exceed: 

E = 17.31 (P)0.16

Where: 

E is the allowable particulate emissions in lbs/hr. 

P is the process weight rate in tons/hr 

(Colorado Regulation No. 1, III.C.1.b). In absence of evidence to the contrary, compliance with this 

limit shall be monitored using the baghouse operating and maintenance requirements of Condition 22. 

12.3 These sources are subject to the opacity limits set forth in Condition 22. of this permit. 

12.4 On and after the MACT compliance date of June 10, 2002, these sources are subject to the MACT 

standard, as set forth in Conditions 24 of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 55 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

13. P007A - Handling and Processing of CKD And Raw Material Waste Dust 

040A - Conveyance of CKD to Silo A5 or 2844 

 040B - Conveyance of Benefication Dust to Silo 2844 

 041 - Pug Mill 

 042 - Truck Hauling to Lyons Quarry

 

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

040A & B 

041 

Total Quantity 

of Materials 

conveyed, CKD 

and benification 

dust, together, 

on a dry 

basis:133,000 

tons/year 

 16,625 

tons/month 

600 tons/day 

Process Rate 13.1 

042 Total Quantity 

of material 

Hauled and 

Disposed, on 

Wet 

Basis:173,403 

tons/year 

21,675 

tons/month 

800 tons/day 

Recordkeeping Monthly and 

Annually 

040A & B 5.30 tons/year 0.03 gr/dscf Stack Test Once Per 

Permit Term 

041 2.66 tons/year 0.8 lb/ton Recordkeeping Monthly 

PM 13.2 

042 5.50 tons/year Recordkeeping 

and Emission 

Control Plan 

Monthly 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 56 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

040A & B 2.65 tons/year 

0.33 

tons/month 

24 lbs/day 

50% of PM Stack Test 

Recordkeeping 

One-time 

Monthly 

041 2.66 tons/year 

0.33 

tons/month 

24.00 lbs/day 

0.2 lb/ton Recordkeeping Monthly 

PM10 13.2 

042 2.50 tons/year 

0.31 

tons/month 

23 lbs/day 

Recordkeeping 

and Emission 

Control Plan 

Monthly 

13.3 Shall be less than 10% 

Shall not exceed 20%, except as 

provided for below 

Opacity 

13.4 

Certain Operating Conditions - 

Shall not exceed 30% 

Inspection 

Method 9 

Baghouse 

O&M 

 

Daily 

Semiannually 

and As Needed

 

Fugitive PM 

Emissions 

13.5 Emission Control Plan Inspection Twice per Shift 

Pit 

Restriction 

13.6 Pit C Only Compliance 

Certification 

Annually 

13.1 Process rates shall not exceed the maximum rates specified in the table above. Compliance with the 

monthly limits shall be demonstrated until the beginning of the first calendar year after commencement of 

operation at the new production rate. Thereafter, compliance with the annual limits shall be determined on an 

annual basis. Records of the monthly and annual process rates shall be maintained and made available for 

inspection upon request. (Construction Permit 98BO0315, revised according to Section I, Condition 1.3 of this 

permit, to delete the rolling twelve month total requirement) The permittee shall maintain records of the number 

of operating days for each month. Compliance with the daily process rates shall be monitored by dividing the 

monthly process rate by the number of days of operation. Records of the number of days of operation and the 

process rate calculations shall be maintained and made available for inspection upon request. 

13.2 PM and PM10 emission rates shall not exceed the limits listed in the table above. Compliance with the 

monthly limits shall be demonstrated until the beginning of the first calendar year after commencement of 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 57 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

operation at the new production rate. Thereafter, compliance with the annual limits shall be determined on an 

annual basis. (Construction Permit 98BO0315, revised according to Section I, Condition 1.3, to delete the 

rolling twelve month total requirement) For 040A&B, compliance with the emission limits shall be monitored 

using the results of the test required in this Condition 13.2, the maximum design flow rate of the control 

devices, the monthly hours of operation, and the baghouse maintenance and operating procedures required in 

this Condition 13.2. Compliance with the daily PM10 emission limits shall be determined using this information 

and the number of days of operation. The Annual Certification shall describe how the inspection, maintenance 

work, and repair documentation required in Condition 13.2 affected emissions. For 041, compliance with the 

emission limits shall be monitored by meeting the production limits set forth in Condition 13.1 and the 

baghouse maintenance and operating procedures. For 042, compliance with the emission limits shall be 

monitored by meeting the production limits and by applying the Fugitive Particulate Emission Control Plan set 

forth in Condition 13.6. 

Stack Testing 

Stack testing for PM shall be performed as set forth in Condition 23 of this permit, except that a test is 

required once every five years (once per permit term), instead of annually. For 40A&B, performance 

testing shall be performed at a representative baghouse. The first test (performed within one year of 

permit issuance) shall include a PM10 fraction analysis to verify the assumption that PM10 emissions are 

50% of total PM. (Construction Permit 98BO0315) If stack test results indicate PM10 emissions 

represent more than 50% of total PM, the Division will need to review the activities permitted under 

98BO0315 for nonattainment NSR applicability. The permittee may perform a PM10 fractional analysis 

(test) more frequently if this is needed to obtain representative information. If the permittee elects to 

perform additional analyses due to the failure of the initial test to verify that PM10 emissions are less 

than 50%, approval for, and the schedule for, performing such additional tests shall be obtained from the 

Division. 

Bagfilter Operation and Maintenance 

 Routine maintenance of and operational procedures performed on the baghouses shall be conducted in 

accordance with manufacturer’s specifications and the permittee’s operating experience. These 

procedures shall be in written format. Any maintenance work performed shall be documented and 

maintained to be made available to the Division upon request. (Construction Permit 98BO0315) 

For 40A&B, for APEN reporting and fee purposes, annual PM emissions shall be calculated using the 

test results, the maximum design flow rate of the control device, and hours of operation. PM10 emissions 

shall be assumed to be 50% of PM emissions, unless stack test results indicate otherwise. For 41, annual 

emissions shall be calculated using the actual process rates, the emission factor listed in table above 

(Construction Permit 98BO0315), and appropriate control equipment efficiencies. Note: The analysis for 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 58 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

this operating permit used control efficiencies of 95% for PM and 80% for PM10 for 41. For 42, actual 

throughput rates recorded under Condition 13.1, appropriate emission factors and equations, and control 

efficiencies shall be used to estimate emissions. Records of the emissions calculations shall be 

maintained and made available for inspection upon request. 

13.3 These sources are subject to the requirements of 40 CFR Part 60, Subpart F, Standards of Performance 

for Portland Cement Plants as set forth in Condition 21 of this permit. 

13.4 These sources, except for hauling and disposal, are subject to the opacity limits set forth in Condition 22. 

of this permit. 

13.5 The following particulate emission control measures shall be applied to particulate emission producing 

sources (Construction Permit 98BO0315) 

13.5.1 Transfer points shall be enclosed with the exception of the drop from the pugmill to the truck. 

Emissions shall be controlled in the drop to the truck through effective moisture control in the 

pugmill. (Construction Permit 98BO0315, as modified per Section 1, Condition 1.3 of this 

permit) 

13.5.2 Moisture content of the materials prior to transfer to pug mill shall be adequate to effectively 

control emissions. 

13.5.3 Haul roads shall be treated with chemical dust suppressants, as often as required, to maintain a 

surface crust, and adequately watered to achieve a minimum control efficiency of 80%. Records 

of such application of dust suppressants and watering shall be maintained at the site. 

13.5.4 At the disposal pit, the material shall be compacted and stabilized to minimize emissions. 

13.5.5 CKD exposed at the disposal site, shall be minimized, and no more than seven (7) acres shall be 

exposed or used for disposal at a time. Fugitive particulate matter emissions from areas not being 

actively used shall be minimized using a shale cover.(Construction Permit 98BO0315, as 

modified per Section 1, Condition 1.3 of this permit) 

13.5.6 A sprinkler system shall be in operation as necessary to effectively control emissions at the 

disposal area. Emissions shall be controlled during dumping by effective moisture control during 

pugging. (Construction Permit 98BO0315, as modified per Section I, Condition 1.3 of this 

permit) 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 59 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

13.5.7 Haul trucks of 95 tons capacity or greater shall be used to minimize the vehicle-miles traveled. 

Spillage and exposure to wind shall be minimized by restricting the material load to 75 percent 

of the volume capacity of the trucks. (Construction Permit 98BO0315, as modified per Section I, 

Condition 1.3 of this permit.) 

13.5.8 Spillages and accumulations of particulate matter on roadways shall be watered, cleaned up 

regularly, and managed to insure they do not contribute to fugitive emissions during operation. 

Vehicle traffic will be suspended or rerouted from spillage areas as necessary to minimize 

fugitive emissions.(Construction Permit 98BO0315, as modified per Section 1, Condition 1.3 of 

this permit) 

13.5.9 Compliance inspection of the CKD pugging, hauling, and storage operations shall be conducted 

at least 2 times per shift (at no less than 2 hour intervals). Records of such inspections shall be 

maintained at the site.(Construction Permit 98BO0315, as modified per Section 1, Condition 1.3 

of this permit) 

13.5.10 Activities causing fugitive dust emissions shall be suspended when wind speeds reach or 

exceed 30 miles per hour, averaged over a 60-minute period. Only those activities 

affected by wind speed, and for which it is possible to Asuspend operation@ need be shut 

down (i.e., the permittee cannot Ashut down@ storage piles, thus this condition would not 

apply to storage piles). Activities may continue when the average wind speed drops 

below 30 m.p.h. (Incorporated directly into this operating permit per Section 1, Condition 

1.3 of this permit) 

Records of dust suppressant use shall be maintained and made available upon request. The Annual 

Certification shall indicate that the PM Emission Control Plan measures are in place and effectively 

minimizing fugitive emissions. 

The permittee shall install, calibrate, and operate a wind speed instrument which will be used to alert 

personnel when average wind speeds reach or exceed 30 m.p.h. The permittee shall maintain records of 

those dates and times when wind speed reaches or exceeds 30 m.p.h, averaged over a sixty minute 

period. 

13.6 Only Pit “C” shall be used for disposal of CKD and Benification Dust. The one-way haul distance is 

0.38 mile. (Construction Permit 98BO0315). 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 60 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

14. P016 - Haul Roads 

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Haul Road 

Activity 

Information 

14.1 Recordkeeping Annually 

PM &PM10 14.2 Calculation Annually 

14.1 Records of the annual amount of material hauled, and all other information necessary to estimate 

emissions, shall be maintained and made available to the Division for inspection upon request. 

14.2 For APEN reporting purposes, annual PM and PM10 emissions shall be estimated using the records 

obtained under Condition 14.1, and appropriate emissions factors and/or equations and control efficiencies. 

Records of the calculations shall be kept on site for Division inspection upon request. 

NOTE: Measures to minimize fugitive emissions from the haul roads are included in the Particulate Matter 

Emission Control Plans listed in other Conditions of this Operating Permit. 

15. T001 - Gasoline Storage Tank 

3,000 Gallon Capacity

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Throughput 

Rate 

15.1 Recordkeeping Annually 

VOC 15.2 13 lbs/1000 

gallons 

Calculation Annually 

RACT - 

VOC 

15.3 Submerged Fill, 

etc. 

Compliance 

Certification 

Annually 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 61 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

15.1 The permittee shall maintain records of the annual amount of gasoline throughput. Records shall be 

made available for inspection upon request. 

15.2 For APEN reporting and fee purposes, annual VOC emissions shall be estimated using the actual 

throughput rate and the emission factor listed above (AP-42, Table 5.2-7). Records of the emission calculations 

shall be made available for inspection upon request. 

15.3 This source is subject to the Reasonably Available Control Technology (RACT) requirements set forth 

in Colorado Regulation No. 7, VI.B.3, as follows. 

15.3.1 The permittee shall not allow the transfer of petroleum liquid from any delivery vessel into this 

tank unless the tank is equipped with a submerged fill pipe and the vapors displaced from the 

storage tank during filling are processed by a vapor control system. A vapor balance system shall 

be deemed “approved” if its design and operation are in accordance with the applicable 

requirements of Appendices A and B of Colorado Regulation No. 7. Tanks equipped with a 

submerged fill pipe shall meet the specifications of Appendix A of Colorado Regulation No. 7. 

15.3.2 The vapor control system shall include one or more of the following: 

(i) A vapor-tight line from the storage tank to delivery vessel (i.e. an approved control 

system). 

(ii) A refrigerator-condensation system or equivalent designed to recover at least 90 percent 

by weight of the organic compounds in the displaced vapor. 

15.3.3 The permittee shall ensure that operating procedures are used so that gasoline cannot be 

transferred into the tank unless the vapor control system is in use. 

15.3.4 The vapor balance system shall meet the specifications of Appendix A of Colorado Regulation 

No. 7. 

15.3.5 The vapor balance system and the vapor control system shall meet the requirements of Section 

XV of Colorado Regulation No. 7. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 62 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

16. Opacity - Daily Plant Walk Through 

A daily plant walk through shall be performed to look for visible emissions. During the walk through, an 

observer will survey the plant from 5 observation points. From these 5 locations, all of the facility’s baghouses 

and material transfer points can be observed. The results of these observations shall be logged on a daily 

observations sheet. 

 

If visible emissions in excess of typical emissions are observed from any stack, the permittee shall undertake the 

appropriate corrective process and/or maintenance actions., When these actions are completed, that stack will be 

observed again. If visible emissions in excess of typical emissions remain, the permittee shall perform a Method 

9 test of that stack. If any of the method 9 opacity observations required above exceed the applicable standard, 

additional observations must be performed. Consecutive observations shall be performed until two (2) 

consecutive observations are in compliance with the standard. 

The corrective actions taken and the follow-up observations shall be noted on the daily observation sheet.

If visible emissions from fugitive sources are noted, the permittee shall investigate to insure that the provisions 

of the appropriate fugitive dust control plan are being implemented, and shall s note on the observation sheet, 

along with additional actions taken.

The daily observation sheets shall be maintained and made available for inspection upon request.

These procedures do not apply to the kiln and cooler, which are equipped with opacity monitors.

17. Insignificant Activities 

The permittee shall at least annually inspect and determine whether the categorically insignificant activities are 

in compliance with the opacity standard and are exempt from the current regulatory APEN reporting 

requirements. The permittee shall record in a log the results of this inspection. 

18. Reporting 

All reports shall be postmarked within the first thirty (30) days immediately following the end of the reporting 

period, unless a different response time is identified elsewhere in this permit. The compliance monitoring report 

shall be in the format identified in Appendix B of this permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 63 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

19. Good Operating Practices 

At all times, including periods of startup, shutdown, and malfunction, owners and operators shall, to the extent 

practicable, maintain and operate any affected facility including associated air pollution control equipment in a 

manner consistent with good air pollution control practice for minimizing emissions. Determination of whether 

acceptable operating and maintenance procedures are being used will be based on information available to the 

Division which may include, but is not limited to, monitoring results, opacity observations, review of operating 

and maintenance procedures, and inspection of the source. (40 CFR Part 60, 60.11(d)). 

No article, machine, equipment or process shall be used to conceal an emission which would otherwise 

constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of 

gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the 

concentration of a pollutant in the gases discharged to the atmosphere. (40 CFR Part 60, Subpart A, 60.12) 

20. Opacity and PM Limits for Subpart OOO Sources 

40 CFR Part 60, Subpart OOO, Standards of Performance for Non-Metallic Mineral Processing Plants, as 

adopted by reference in Colorado Regulation No. 6, Part A, limits emissions as follows: 

20.1 The permittee shall not cause to be discharged into the atmosphere any stack emissions which exhibit 

greater than 7 percent opacity. 

Monitoring 

An EPA Method 9 opacity observation, in accordance with Appendix A of 40 CFR Part 60, and 

60.675(c), shall be conducted for the bagfilter at least semi-annually. In addition, the procedures 

set forth under Condition 16 of this permit shall be followed. 

Records of results of semiannual Method 9 readings and a copy of the Method 9 reader=s 

certification shall be kept on site and made available to the Division upon request. Copies of any 

observations exceeding the applicable standard shall be submitted with the next scheduled report. 

20.2 The permittee shall not cause to be discharged into the atmosphere any stack emissions which contain 

particulate matter in excess of 0.05 gram per dry standard cubic meter. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 64 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Stack Testing 

Stack testing for PM shall be performed as set forth in Condition 23 of this permit, except that tests are 

required once every five years (once per permit term), instead of annually. In addition, the permittee 

need only test one representative baghouse stack for the conveyor. 

Bagfilter Operation and Maintenance 

Routine maintenance of and operational procedures performed on the baghouses shall be conducted in 

accordance with manufacturer’s specifications and/or the permittee’s operating experience. These 

procedures shall be in written format. Any maintenance work performed shall be documented and 

maintained to be made available to the Division upon request. 

This PM and opacity standard apply at all times except during periods of startup, shutdown, and 

malfunction (40 CFR Part 60, 60.11 (c)), however, at all times, the permittee shall use good operating 

practices as required by Condition 19.0 of this permit. The permittee shall maintain records of the 

occurrence and duration of any startup, shutdown, or malfunction in operation of this source; and any 

malfunction of the air pollution control equipment (40 CFR Part 60, Subpart A, 60.7(b), as adopted by 

reference in Colorado Regulation No. 6, Part A). 

21. Opacity Limits for Subpart F Sources 

40 CFR Part 60, Subpart F, Standards of Performance for Portland Cement Plants, as adopted by 

reference in Colorado Regulation No. 6, Part A, limits emissions as follows. 

Gases discharged into the atmosphere shall not exhibit 10 percent opacity, or greater. 

This opacity standard applies at all times except during periods of startup, shutdown, and malfunction 

(40 CFR Part 60, 60.11 (c)), however, at all times, the permittee shall use good operating practices as 

required by Condition 19. of this permit. The permittee shall maintain records of the occurrence and 

duration of any startup, shutdown, or malfunction in operation of this source; and any malfunction of the 

air pollution control equipment (40 CFR Part 60, Subpart A, 60.7(b), as adopted by reference in 

Colorado Regulation No. 6, Part A). 

Monitoring 

Except for the kiln and cooler, compliance with this limit shall be monitored as follows: An EPA 

Method 9 opacity observation, in accordance with Subpart F requirements, shall be conducted at least 

semi-annually. In addition, the procedures set forth under Condition 16 of this permit shall be followed. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 65 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Records of results of semiannual Method 9 readings and a copy of the Method 9 reader=s certification 

shall be kept on site and made available to the Division upon request. Copies of any observations 

exceeding the applicable standard shall be submitted with the next scheduled report. 

Bagfilter Operation and Maintenance 

Routine maintenance of and operational procedures performed on the baghouses shall be conducted in 

accordance with manufacturer’s specifications and/or good engineering practices. These procedures 

shall be in written format. Any maintenance work performed shall be documented and maintained to be 

made available to the Division upon request. 

Note: On and after the MACT compliance date of June 10, 2002, any affected source subject to the provisions 

of 40 CFR Part 63, Subpart LLL is exempted from any otherwise applicable new source performance standard 

contained in 40 CFR Part 60, Subpart F. (63.1356) 

22. Opacity Limits 

These limits apply only to those sources which are referred to this Condition throughout this permit.

22.1 Except as provided in Condition 22.2, below, no owner or operator of a source shall allow or cause the 

emission into the atmosphere of any air pollutant which is in excess of 20% opacity. This standard is based on 

24 consecutive opacity readings taken at 15-second intervals for six minutes. The approved reference test 

method for visible emissions measurement on which these standards are based is EPA Method 9 (40 CFR Part 

60, Appendix A (July, 1992)) in all subsections of Section II.A of Regulation No. 1. (Colorado Regulation No. 

1, II.A.1). 

22.2 No owner or operator of a source shall allow or cause to be emitted into the atmosphere any air pollutant 

resulting from the building of a new fire, cleaning of fire boxes, soot blowing, start-up, any process 

modification, or adjustment or occasional cleaning of control equipment, which is in excess of 30% opacity for 

a period or periods aggregating more than six minutes in any sixty consecutive minutes (Colorado Regulation 

No. 1, Section II.A.4). 

 

Compliance with these limits shall be monitored by meeting the requirements of Condition No. 16 of 

this permit, and by meeting the following Bagfilter Operation and Maintenance requirements. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 66 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Bagfilter Operation and Maintenance 

Routine maintenance of and operational procedures performed on the baghouses shall be conducted in 

accordance with manufacturer’s specifications and/or good engineering practices. These procedures 

shall be in written format. Any maintenance work performed shall be documented and maintained to be 

made available to the Division upon request. 

23. PM Stack Testing 

This requirement applies only to those sources which are referred to this condition throughout this permit. 

Performance testing for particulate emissions shall be performed within one year of issuance of this permit, and 

every year thereafter, in accordance with the requirements and procedures set forth in EPA Test Method 5 as 

set forth in 40 CFR Part 60, Appendix A. A stack testing protocol shall be submitted for Division approval at 

least thirty (30) calendar days prior to performance of the test. No stack test shall be performed without prior 

written approval by the Division . The Division reserves the right to witness the test. The required number of 

copies of the compliance test results shall be submitted to the Division within forty-five (45) calendar days of 

the completion of the test. 

24. National Emission Standards for Hazardous Air Pollutants From the Portland Cement 

Manufacturing Industry 

 

Parameter Permit Monitoring 

Condition 

Number 

Limitations Emission 

Factors 

Method Interval 

Initial 

Notification 

24.1 Submit no later 

than 10/12/00 

Compliance 

Date 

24.2 Comply on and 

after 6/10/02 

Circumvention 24.3 See Condition 

24.3 

24.4.1 See Condition 

24.4.1 

O&M 

Requirements 

24.4.2 See Condition 

24.4.2 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 67 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Startup, 

Shutdown, & 

Malfunction 

Plan 

24.5 See Condition 

24.5 

General 

Monitoring 

Requirements 

24.6 See Condition 

24.6 

Recordkeeping 

Requirements 

24.7 See Condition 

24.7 

Reporting 

Requirements 

24.8 See Condition 

24.8 

24.9.1.1 Kiln: 0.30 lb PM/ 

ton feed (dry 

basis) 

Performance test 

O&M Plan 

Once every five years 

24.9.1.2 Kiln D/F emission 

limit - See 

Condition 

24.9.1.2 

24.9.1.3 Kiln operating 

limits - See 

Condition 

24.9.1.3 

Performance test 

Temperature monitor 

Inspection 

O&M Plan 

Once every 30 months 

Continuous 

Annually 

Emission 

standards and 

operating limits 

24.9.2 Clinker Cooler: 

0.10 lb/ton feed 

(dry basis)

Performance test 

O&M Plan 

Once every five years 

24.10.1 Kiln: Shall not 

exceed 20% 

Opacity 

24.10.2 Clinker cooler: 

Shall not exceed 

10% 

COM Continuous
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 68 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

24.10.3 Raw mill: Shall 

not exceed 10% 

Method 9 

Method 22 

O&M Plan

Once every five years 

Daily 

24.10.4 Other sources: 

Shall not exceed 

10% 

Method 9 

Method 22 

O&M Plan 

Once every five years 

Monthly to Annually 

This source is subject to the requirements of 40 CFR Part 63, Subpart LLL - National Emission Standards for 

Hazardous Air Pollutants From the Portland Cement Manufacturing Industry, as follows. 

24.1 Initial notification 

The permittee shall notify the Division in writing that the source is subject to the relevant standard. The 

notification, which shall be submitted not later than 120 calendar days after the effective date of the relevant 

standard, shall provide the information set forth in 63.9(b)(2). The permittee shall provide this notice no later 

than October 12, 1999. (63.9(b)(2)) (As of the date of this permit issuance, the permittee has complied with this 

requirement.) Any change in the information already provided under 63.9 shall be provided to the Division is 

writing within 15 days after the change. (63.9(j)) 

24.2 Compliance date 

The compliance date for this facility is June 10, 2002. The permittee shall meet the requirements of Subpart 

LLL on and after June 10, 2002. The conditions under this Section 24 shall not be enforceable until the 

compliance date of June 10, 2002. Note: On and after the compliance date, any affected source subject to the 

provisions of this subpart is exempted from any otherwise applicable new source performance standard 

contained in 40 CFR part 60, Subpart F. (63.1356) 

24.3 Circumvention 

No owner or operator subject to the provisions of this part shall build, erect, install, or use any article, machine, 

equipment, or process to conceal an emission that would otherwise constitute noncompliance with a relevant 

standard. Such concealment includes, but is not limited to: the use of diluents to achieve compliance with a 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 69 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere; the use 

of gaseous diluents to achieve compliance with a relevant standard for visible emissions; and the fragmentation 

of an operation such that the operation avoids regulation by a relevant standard. (63.4(b)) 

24.4 Operation and maintenance requirements 

24.4.1 At all times, including periods of startup, shutdown, and malfunction, owners or operators shall operate 

and maintain any affected source, including associated air pollution control equipment, in a manner 

consistent with good air pollution control practices for minimizing emissions at least to the levels 

required by all relevant standards. Malfunctions shall be corrected as soon as practicable after their 

occurrence in accordance with the startup, shutdown, and malfunction plan required in 

63.6(e)(3).Determination of whether acceptable operation and maintenance procedures are being used 

will be based on information available to the Division which may include, but is not limited to, 

monitoring results, review of operation and maintenance procedures (including the startup, shutdown, 

and malfunction plan required in 63.6(e)(3)), review of operation and maintenance records, and 

inspection of the source). (63.6(e)(1) and (2)) 

24.4.2 The permittee shall prepare for each affected source subject to this subpart, a written operations and 

maintenance plan. The plan shall be submitted for Division review and approval, and shall include the 

information set forth in 63.1350. (63.1350(a)) Failure to comply with any provision of the operations 

and maintenance plan developed in accordance with 63.1350(a) shall be a violation of the standard. 

(63.1350(b)) 

24.5 Startup, shutdown, and malfunction plan 

The owner of operator of an affected source shall develop and implement a written startup, shutdown, and 

malfunction plan as set forth in 63.6(e)(3). During periods of startup, shutdown, and malfunction, the owner or 

operator of an affected source shall operate and maintain such source (including associated air pollution control 

equipment) in accordance with the procedures specified in the startup, shutdown, and malfunction plan 

developed under this section. The permittee shall follow the recordkeeping and reporting requirements set forth 

in 63.6(e). (63.6(e)(3)) 

24.6 General monitoring requirements 

Monitoring shall be conducted as set forth in 63.8 and the relevant standards. The owner or operator of an 

affected source shall maintain and operate each continuous monitoring system (CMS) as specified in 63.8, or in 

the relevant standard, and in a manner consistent with good air pollution control practices. The owner or 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 70 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

operator of an affected source that is required to use a CMS and is subject to the monitoring requirements of 

63.8 and a relevant standard shall develop and implement a CMS quality control program, as set forth in 

63.8(d). When required by a relevant standard, and at any other time the Administrator may require under 

section 114 of the Act, the owner or operator of an affected source being monitored shall conduct a performance 

evaluation of the CMS, as set forth in 63.8(e). The owner or operator of each CMS shall reduce the monitoring 

data as specified in 63.8(g), and in addition, as set forth in Subpart LLL. (63.8(a-e) and (g)) 

24.7 Recordkeeping requirements 

The permittee shall maintain files of all information (including all reports and notifications) required by 63.1355 

recorded in a form suitable and readily available for inspection and review as required by 63.10(b)(1). The files 

shall be retained for at least five years following the date of each occurrence, measurement, maintenance, 

corrective action, report, or record. At a minimum, the most recent two years of data shall be retained on site. 

The remaining three years of data may be retained off site. The files may be maintained on microfilm, on a 

computer, on floppy disks, on magnetic tape, or on microfiche. The owner or operator shall maintain records for 

each affected source as required by 63.10(b)(2) and (3), and the items listed in 63.1355(b). In addition, the 

owner or operator of an affected source equipped with a CMS shall maintain all records required by 63.10(c). 

(63.1355) 

24.8 Reporting requirements 

The permittee shall submit reports of the results of performance tests, results of opacity or visible emission 

observations, progress reports, and periodic startup, shutdown, and malfunction reports in accordance with the 

procedures set forth in 63.10(d) and 63.1354. 

Additional reporting requirements for sources with CMS=

For each CMS, the permittee shall report the results of CMS performance evaluations, excess emissions and 

CMS performance report and semi-annual summary report, and continuous opacity monitoring system data 

produced during a performance test in accordance with the procedures set forth in 63.10(e) and 63.1354. 

24.9 Emissions standards and operating limits 

Standards for kilns and in-line kiln/raw mills (P007 - Kiln/Calciner) 

24.9.1 No owner or operator of an existing, reconstructed or new brownfield kiln or in-line kiln/raw mill shall 

cause to be discharged into the atmosphere from these affected sources any gases which: 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 71 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

24.9.1.1 Contain PM in excess of 0.30 lb per ton of feed (dry basis) to the kiln. When there is an 

alkali bypass associated with a kiln or in-line kiln/raw mill, the combined PM emissions 

from the kiln or in-line kiln/raw mill and the alkali bypass are subject to this emission 

limit. (63.1343(b)(1)) 

24.9.1.2 Contain D/F in excess of the applicable limit set forth in 63.1343(b)(3). 

24.9.1.3 Operating limits for kilns and in-line kiln/raw mills 

The owner or operator of a kiln subject to a D/F emission limitation under 63.1343 

(Condition 24.9.1.2 of this permit) must operate the kiln as set forth under 63.1344. 

Standards for clinker coolers (P008 - Clinker Cooler) 

24.9.2 No owner or operator of a new or existing clinker cooler subject to this subpart shall cause to be 

discharged into the atmosphere from the clinker cooler any gases which: Contain PM in excess of 0.10 

lb per ton of feed (dry basis) to the kiln.(63.1345(a)(1)) 

Compliance with nonopacity emission standards 

The nonopacity emission standards set forth in this part shall apply at all times except during periods of startup, 

shutdown, and malfunction, and as otherwise specified in Subpart LLL. Compliance with nonopacity emission 

standards will be determined as set forth in 63.6(f). (63.6(f)) 

Performance testing requirements 

The permittee shall demonstrate initial compliance with these emission limits using the test methods and 

procedures in paragraph (b) of 63.1349 and 40 CFR Part 63, Subpart A, 63.7. Performance test results shall be 

documented as set forth in 63.1349(a). The plan to be followed during testing shall be made available to the 

Division prior to testing. (63.1349) The permittee shall perform such tests within 180 days after the compliance 

date. (63.7(a)(2)) The owner or operator of an affected source shall notify the Division in writing of the 

intention to conduct a performance test at least 60 calendar days before the performance test is scheduled to 

begin. In the event the owner or operator is unable to conduct the performance test on the date specified in this 

notification requirement, due to unforeseeable circumstances beyond his or her control, the owner or operator 

shall notify the Division within 5 days prior to the scheduled performance test date. (63.7(b)(1) and (2), and 

63.9(e)) Performance tests for PM shall be repeated every five years. (63.1349(c)) Performance tests for D/F 

shall be repeated every 30 months. (63.1349(d)) 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 72 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

The owner or operator is required to repeat the performance tests for kilns or in-line kiln/raw mills as specified 

in 63.1349(b)(1) and (3) (PM and D/F) within 90 days of initiating any significant change in the feed or fuel 

from that used in the previous performance test. (63.1349(e)) 

Stack tests performed to demonstrate compliance with the MACT standard may be used to comply with any 

other stack tests requirements in this permit for the same pollutant from the same stack that would otherwise be 

required that year or permit term. 

Quality assurance program 

Submission of site-specific test plan 

Before conducting a required performance test, the owner or operator of an affected source shall develop and 

submit a site-specific test plan to the Division for approval, as set forth in 63.7(c)(1), (2) and (3). The plan shall 

be submitted at least 60 days before the performance test is scheduled to take place. (63.7(c)(1-3)) 

Performance test method audit program 

The owner or operator shall analyze performance audit (PA) samples during each performance test, as set forth 

in 63.7(c)(4). (63.7(c)(4)) 

Performance testing facilities 

At the request of the Division, the owner or operator shall provide performance testing facilities as set forth in 

64.7(d). (63.7(d)) 

Conduct of performance tests 

Performance tests shall be conducted as set forth in 63.7(e). (63.7(e)) 

Data analysis, recordkeeping and reporting 

Unless otherwise specified in a relevant standard or test method, or as otherwise approved by the Administrator 

in writing, results of a performance test shall include the analysis of samples, determination of emissions, and 

raw data. A performance test is “completed” when field sample collection is terminated. The owner or operator 

of an affected source shall report the results of the performance test to the Division before the close of business 

on the 60th day following the completion of the performance test, unless specified otherwise in a relevant 

standard. The results of the performance test shall be submitted as part of the notification of compliance status 

required under 63.9(h). For a minimum of 5 years after a performance test is conducted the owner or operator 

shall retain and make available, upon request, for inspection by the Division the records of results of such 

performance test and other data needed to determine emission s from an affected source. (63.7(g)) 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 73 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Monitoring requirements 

Kiln and in-line kiln/raw mill - D/F emission limit (P007 - Kiln/Calciner) 

The owner or operator of an affected source subject to the limitation on D/F emissions shall monitor D/F 

emissions using a continuous monitor to record temperatures, in accordance with 63.1350(f)(1) through (6). 

(63.1350(f)) If the owner or operator of an affected source subject to a limitation on D/F emissions employs 

carbon injection as an emission control technique, the owner or operator shall comply with the monitoring 

requirements of 63.1350(f)(1) through (6) and (g)(1) through (6) to demonstrate compliance with the D/F 

emission standard. (63.1350(g)) 

In addition, the owner or operator of any kiln or in-line kiln/raw mill subject to a D/F emission limit shall 

conduct an inspection of the components of the combustion system of each kiln or in-line kiln/raw mill at least 

once per year. (63.1350(I)) 

24.10 Opacity standards 

Standards for kilns and in-line kiln/raw mills (P007 - Kiln/Calciner ) 

24.10.1 No owner or operator of an existing, reconstructed or new brownfield kiln or in-line kiln/raw 

mill shall cause to be discharged into the atmosphere from these affected sources any gases 

which: Exhibit opacity greater than 20 percent. (63.1343(b)(2)) 

Standards for clinker coolers (P008 - Clinker Cooler ) 

24.10.2 No owner or operator of a new or existing clinker cooler subject to this subpart shall cause to be 

discharged into the atmosphere from the clinker cooler any gases which: Exhibit opacity greater 

than ten percent. (63.1345(a)(2)) 

Standards for raw and finish mills (P005 - Raw Mill Grinding, P011 - Finish Mill P012 - Separator) 

24.10.3 The owner or operator of each new or existing raw mill or finish mill at a facility which is 

subject to this subpart shall not cause to be discharged from the mill sweep or air separator air 

pollution control devices of these affected sources any gases which exhibit opacity in excess of 

ten percent.(63.1437) 

Standards for affected sources other than kilns, in-line kiln/raw mills, clinker coolers, and raw and finish mills 

(P002 - Raw Materials Drying , P004 - Raw Materials Storage, P009 - Clinker/Gypsum Silos, P010 - Clinker 

Storage, P010A - Clinker Storage, P013 - Cement Silos/Packhouse/Loadout) 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 74 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

24.10.4 The owner or operator of each new or existing raw material, clinker, or finished product storage 

bin, conveying system transfer point, bagging system, and bulk loading or unloading system, and 

each existing raw material dryer, at a facility subject to this subpart shall not cause to be 

discharged any gases from these affected sources which exhibit opacity in excess of ten percent. 

(63.1348) 

Compliance with opacity and visible emission standards 

The opacity and visible emission standards set forth in this part shall apply at all times except during periods of 

startup, shutdown, and malfunction, and as otherwise specified in subpart LLL. Compliance with the opacity 

and visible emission standards in this part will be determined as set forth in 63.6(h), except for (h)(5)(ii-iv). 

(Subpart LLL specifies the test duration.) (63.6(h)) 

Performance testing requirements 

The permittee shall demonstrate initial compliance with the emission limits of 63.1345 through 63.1348 using 

the test methods and procedures in paragraph (b) of 63.1349 and 40 CFR Part 63, Subpart A, 63.7. Performance 

test results shall be documented as set forth in 63.1349(a). The plan to be followed during testing shall be made 

available to the Division prior to testing. (63.1349) The permittee shall perform such tests within 180 days after 

the compliance date.(63.7(2)) The owner or operator of an affected source shall notify the Division in writing of 

the intention to conduct a performance test at least 60 calendar days before the performance test is scheduled to 

begin. In the event the owner or operator is unable to conduct the performance test on the date specified in this 

notification requirement, due to unforeseeable circumstances beyond his or her control, the owner or operator 

shall notify the Division within 5 days prior to the scheduled performance test date. (63.7(b)(1) and (2), and 

63.9(e)) Performance tests for opacity shall be repeated every five years, except that the owner or operator of a 

kiln, in-line kiln/raw mill or clinker cooler is not required to repeat the initial performance test of opacity for the 

kiln, in-line kiln/raw mill or clinker cooler. (63.1349(c)) 

Quality assurance program 

The permittee shall follow the quality assurance program requirements set forth in Condition 24.6. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 75 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Notification of opacity and visible emission observations 

The owner or operator of an affected source shall notify the Division in writing of the anticipated date for 

conducting the opacity or visible emission observations specified in 63.6(h)(5) and Subpart LLL(CHECK), if 

such observations are required for the source by the relevant standard. The notification shall be submitted with 

the notification of the performance test date, as specified in 63.9(e), or if no performance test is required or 

visibility or other conditions prevent the opacity or visible emission observations from being conducted 

concurrently with the initial performance test required under 63.7, the owner or operator shall deliver or 

postmark the notification not less than 30 days before the opacity or visible emission observations are scheduled 

to take place. (63.9(f)) 

Monitoring requirements 

Kiln and in-line kiln/raw mill (P007 - Kiln/Calciner) 

The owner or operator of a kiln or in-line kiln/raw mill shall monitor opacity at each point where emissions are 

vented from these affected sources including alkali bypasses as follows. The owner or operator shall install, 

calibrate, maintain, and continuously operate a COM located at the outlet of the PM control device to 

continuously monitor the opacity. The COM shall be installed, maintained, calibrated, and operated as required 

by 40 CFR Part 63, Subpart A, and according to PS-1 of 40 CFR Part 60, Appendix B. To remain in 

compliance, the opacity must be maintained such that the 6-minute average opacity fro any 6-minute block 

period does not exceed 20 percent. If the average opacity for any 6-minute block period exceeds 20 percent, this 

shall constitute a violation of the standard. (63.1350(c)(1) and (3)) 

Clinker cooler (P008 - Clinker Cooler) 

The owner or operator of a clinker cooler shall monitor opacity at each point where emissions are vented from 

the clinker cooler as follows. The owner or operator shall install, calibrate, maintain, and continuously operate a 

COM located at the outlet of the PM control device to continuously monitor the opacity. The COM shall be 

installed, maintained, calibrated, and operated as required by 40 CFR Part 63, Subpart A, and according to PS-1 

of 40 CFR Part 60, Appendix B. To remain in compliance, the opacity must be maintained such that the 6-

minute average opacity fro any 6-minute block period does not exceed 10 percent. If the average opacity for any 

6-minute block period exceeds 10 percent, this shall constitute a violation of the standard. (63.1350(d)(1) and 

(3)) 

Raw mill or finish mill (P005 - Raw Mill Grinding, P011 - Finish Mill P012 - Separator) 

The owner or operator of a raw mill or finish mill shall monitor opacity by conducting daily visual emissions 

observations of the mill sweep and air separator PMCDs of these affected sources, in accordance with the 

procedures of Method 22 of Appendix A of 40 CFR Part 60. The Method 22 test shall be conducted while the 

affected source is operating at the highest load or capacity level reasonably expected to occur within the day. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 76 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

The duration of the Method 22 test shall be six minutes. If visible emissions are observed during any Method 22 

visible emissions test, the owner or operator must: (1) initiate, within one-hour, the corrective actions specified 

in the site specific operating and maintenance plan developed in accordance with 63.1350(a) (Condition 24. Of 

this permit); and (2) within 24 hours of the end of the Method 22 test in which visible emissions were observed, 

conduct a visual opacity test of each stack from which visible emissions were observed in accordance with 

Method 9 of Appendix A of 40 CFR Part 60. The duration of the Method 9 test shall be thirty minutes. 

Affected sources other than kilns, in-line kiln/raw mills, clinker coolers, and raw and finish mills (P002 - Raw 

Materials Drying , P004 - Raw Materials Storage, P009 - Clinker/Gypsum Silos, P010 - Clinker Storage, P010A 

- Clinker Storage, P013 - Cement Silos/Packhouse/Loadout) 

For these sources, the permittee shall monitor opacity in accordance with the operation and maintenance plan 

developed in accordance with 63.1350(a) (Condition 24. Of this permit). (63.1350(j)) 

The owner or operator of an affected source required to use a CMS by a relevant standard shall furnish the 

Division written notification as follows: (1) notification of the date the CMS performance evaluation is 

scheduled to begin, submitted simultaneously with the notification of the performance test date required under 

63.7(b). If no performance test is required, or if the requirement to conduct a performance test has been waived 

for an affected source under 63.7(h), the owner or operator shall notify the Division in writing of the date of the 

performance evaluation at least 60 calendar days before the evaluation is scheduled to begin; (2) a notification 

that COMS data results will be used to determine compliance with the applicable opacity emission standard 

during a performance test required by 63.7 in lieu of Method 9 or other opacity emissions test method data, as 

allowed by 63.6(h)(7)(ii), if compliance with an opacity emission standard is required for the source by a 

relevant standard. The notification shall be submitted at least 60 calendar days before the performance test is 

scheduled to begin; (3) a notification that the criterion necessary to continue use of an alternative to relative 

accuracy testing, as provided by 63.8(f)(6), has been exceeded. The notification shall be delivered or 

postmarked not later than 10 days after the occurrence of such exceedance, and it shall include a description of 

the nature and cause of the increased emissions.(63.9(g)) 

Temporary, conditioned exemption from opacity standards (P007 - Kiln/Calciner) 

An owner or operator conducting PM CEMS correlation tests (that is, correlation with manual stack methods) is 

exempt from any opacity standards of 40 CFR Part 60 or Part 63 that are applicable to cement kilns and in-line 

kiln/raw mills. The permittee must develop a PM CEMS correlation test plan for approval, and correlation 

testing must be performed in accordance with the procedures set forth in 63.1357. (63.1357) 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 77 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

SECTION III - Permit Shield 

Regulation No. 3, 5 CCR 1001-5, Part a, § I.B.43; Part C, § § V.C.1.b. & D., XIII; § § 25-7-111(2)(I), 

25-7-114.4(3)(a), C.R.S.

1. Specific Conditions 

 

No requirements were specifically identified as being non-applicable for this facility, except for those which 

any reasonable person would determine are obviously not applicable.

2. General Conditions 

Compliance with this Operating Permit shall be deemed compliance with all applicable requirements 

specifically identified in the permit and other requirements specifically identified in the permit as not 

applicable to the source. This permit shield shall not alter or affect the following: 

2.1 The provisions of § § 25-7-112 and 25-7-113, C.R.S., or § 303 of the federal act, concerning 

enforcement in cases of emergency; 

2.2 The liability of an owner or operator of a source for any violation of applicable requirements prior to or 

at the time of permit issuance; 

2.3 The applicable requirements of the federal Acid Rain Program, consistent with § 408(a) of the federal 

act; 

2.4 The ability of the Air Pollution Control Division to obtain information from a source pursuant to § 25-7-

111(2)(I), C.R.S., or the ability of the Administrator to obtain information pursuant to § 114 of the federal act; 

2.5 The ability of the Air Pollution Control Division to reopen the Operating Permit for cause pursuant to 

Regulation No. 3, Part C, § XIII. 

2.6 Sources are not shielded from terms and conditions that become applicable to the source subsequent to 

permit issuance. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 78 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

3. Streamlined Conditions 

The following applicable requirements have been subsumed within this operating permit using the 

pertinent streamlining procedures approved by the U.S. EPA. For purposes of the permit shield, 

compliance with the listed permit conditions will serve as a compliance determination for purposes of 

the associated subsumed requirements. 

Source Requirement Justification 

P017 - Dowe 

Flats Primary 

Crusher, Belt 

Conveyor, 

Stacker 

P004 - Storage 

and Handling of 

Raw Materials at 

the Plant Site - 

Underground 

Reclamation 

System and FEL 

Activity 

P009, P010, 

P010A, P011, 

P012, and P013 

P007A - CKD 

and Benification 

Dust Handling 

Colorado Regulation No. 1, III.C.1.b 

and Colorado Regulation No. 6, Part 

B, II.C.2 – Particulate Matter 

emission limits 

These applicable requirements are streamlined 

out because Construction Permit PM emission 

limits are more stringent. 

P002 - Raw 

Materials Drying 

P009, P010, 

P010A, P011, 

P012, and P013 

P007A - Handling 

and Processing of 

Colorado Regulation No. 1, III.C.1.b 

(PM emission limit) 

This applicable requirement is streamlined out. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 79 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Source Requirement Justification 

CKD and Raw 

Material Waste 

Dust 

P017 - Primary 

Crusher, Belt 

Conveyor, Radial 

Stacker 

P004 - Storage 

and Handling of 

Raw Materials at 

Plant Site 

P002 - Raw 

Materials Drying 

P007 - Kiln, 

Calciner 

P008 - Clinker 

Cooler 

Colorado Regulation No. 6, Part B, 

III.C.3 (State-only requirement) 

This 20% opacity limit is streamlined out 

because the 40 CFR Part 60, Subpart OOO and 

F opacity limits of 7 and/or 10% are more 

stringent. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 80 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

SECTION IV - General Permit Conditions 

1. Administrative Changes 

Regulation No. 3, 5 CCR 1001-5, Part A, § III.

The permittee shall submit an application for an administrative permit amendment to the Division for those permit changes 

that are described in Regulation No. 3, Part A, § I.B.36.a. The permittee may immediately make the change upon submission 

of the application to the Division. 

2. Certification Requirements 

Regulation No. 3, 5 CCR 1001-5, Part C, §§ III.B.9., V.C.16.a.&e. and V.C.17. 

a. Any application, report, document and compliance certification submitted to the Air Pollution Control 

Division pursuant to Regulation No. 3 or the Operating Permit shall contain a certification by a responsible 

official of the truth, accuracy and completeness of such form, report or certification stating that, based on 

information and belief formed after reasonable inquiry, the statements and information in the document are 

true, accurate and complete. 

b. All compliance certifications for terms and conditions in the Operating Permit shall be submitted to the Air 

Pollution Control Division at least annually unless a more frequent period is specified in the applicable 

requirement or by the Division in the Operating Permit. 

c. Compliance certifications shall contain: 

(i) the identification of each permit term and condition that is the basis of the certification; 

(ii) the compliance status of the source; 

(iii) whether compliance was continuous or intermittent; 

(iv) the method(s) used for determining the compliance status of the source, currently and over the 

reporting period; and 

(v) such other facts as the Air Pollution Control Division may require to determine the compliance status 

of the source. 

d. All compliance certifications shall be submitted to the Air Pollution Control Division and to the 

Environmental Protection Agency at the addresses listed in Appendix D of this Permit. 

e. If the permittee is required to develop and register a risk management plan pursuant to § 112(r) of the 

federal act, the permittee shall certify its compliance with that requirement; the Operating Permit shall not 

incorporate the contents of the risk management plan as a permit term or condition. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 81 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

3. Common Provisions 

Common Provisions Regulation, 5 CCR 1001-2 §§ II.A., II.B., II.C., II,.E., II.F., II.I, and II.J 

a. To Control Emissions Leaving Colorado 

When emissions generated from sources in Colorado cross the State boundary line, such 

emissions shall not cause the air quality standards of the receiving State to be exceeded, provided 

reciprocal action is taken by the receiving State. 

b. Emission Monitoring Requirements 

The Division may require owners or operators of stationary air pollution sources to install, maintain, and use 

instrumentation to monitor and record emission data as a basis for periodic reports to the Division. 

c. Performance Testing 

The owner or operator of any air pollution source shall, upon request of the Division, conduct performance test(s) 

and furnish the Division a written report of the results of such test(s) in order to determine compliance with 

applicable emission control regulations. Performance test(s) shall be conducted and the data reduced in accordance 

with the applicable reference test methods unless the Division: 

(i) specifies or approves, in specific cases, the use of a test method with minor changes in methodology; 

(ii) approves the use of an equivalent method; 

(iii) approves the use of an alternative method the results of which the Division has determined to be adequate 

for indicating where a specific source is in compliance; or 

(iv) waives the requirement for performance test(s) because the owner or operator of a source has demonstrated 

by other means to the Division's satisfaction that the affected facility is in compliance with the standard. 

Nothing in this paragraph shall be construed to abrogate the Commission's or Division's authority to require 

testing under the Colorado Revised Statutes, Title 25, Article 7 1973, and pursuant to regulations 

promulgated by the Commission. 

Compliance test(s) shall be conducted under such conditions as the Division shall specify to the plant operator based 

on representative performance of the affected facility. The owner or operator shall make available to the Division 

such records as may be necessary to determine the conditions of the performance test(s). Operations during period of 

startup, shutdown, and malfunction shall not constitute representative conditions of performance test(s) unless 

otherwise specified in the applicable standard. 

The owner or operator of an affected facility shall provide the Division thirty days prior notice of the performance 

test to afford the Division the opportunity to have an observer present. The Division may waive the thirty day notice 

requirement provided that arrangements satisfactory to the Division are made for earlier testing. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 82 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as 

follows: 

(i) Sampling ports adequate for test methods applicable to such facility, 

(ii) Safe sampling platform(s), 

(iii) Safe access to sampling platform(s). 

(iv) Utilities for sampling and testing equipment. 

Each performance test shall consist of at least three separate runs using the applicable test method. Each run shall be 

conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining 

compliance with an applicable standard the arithmetic mean of results of at least three runs shall apply. In the event 

that a sample is accidentally lost or conditions occur in which one of the runs must be discontinued because of 

forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other 

circumstances beyond the owner or operator's control, compliance may, upon the Division's approval, be determined 

using the arithmetic mean of the results of the two other runs. 

Nothing in this section shall abrogate the Division's authority to conduct its own performance test(s) if so warranted. 

d. Upset Conditions and Breakdowns 

Upset conditions, as defined, shall not be deemed to be in violation of the Colorado regulations, provided that the 

Division is notified as soon as possible, but no later than two (2) hours after the start of the next working day, 

followed by a written notice to the Division explaining the cause of the occurrence and that proper action has been 

or is being taken to correct the conditions causing the violation and to prevent such excess emission in the future. 

e. Circumvention Clause 

A person shall not build, erect, install, or use any article, machine, equipment, condition, or any 

contrivance, the use of which, without resulting in a reduction in the total release of air pollutants 

to the atmosphere, reduces or conceals an emission which would otherwise constitute a violation 

of this regulation. No person shall circumvent this regulation by using more openings than is 

considered normal practice by the industry or activity in question. 

f. Compliance Certifications 

For the purpose of submitting compliance certifications or establishing whether or not a person has violated or is in 

violation of any standard in the Colorado State Implementation Plan, nothing in the Colorado State Implementation 

Plan shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether 

a source would have been in compliance with applicable requirements if the appropriate performance or compliance 

test or procedure had been performed. Evidence that has the effect of making any relevant standard or permit term 

more stringent shall not be credible for proving a violation of the standard or permit term. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 83 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

g. Affirmative Defense Provision for Excess Emissions During Startup and Shutdown 

An affirmative defense is provided to owners and operators for civil penalty actions for excess 

emissions during periods of startup and shutdown. To establish the affirmative defense and to be 

relieved of a civil penalty in any action to enforce an applicable requirement, the owner or 

operator of the facility must meet the notification requirements below in a timely manner and 

prove by a preponderance of the evidence that: 

(i) The periods of excess emissions that occurred during startup and shutdown were short and infrequent and 

could not have been prevented through careful planning and design; 

(ii) The excess emissions were not part of a recurring pattern indicative of inadequate design, operation or 

maintenance; 

(iii) If the excess emissions were caused by a bypass (an intentional diversion of control equipment), then the 

bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; 

(iv) The frequency and duration of operation in startup and shutdown periods were minimized to the maximum 

extent practicable; 

(v) All possible steps were taken to minimize the impact of excess emissions on ambient air quality; 

(vi) All emissions monitoring systems were kept in operation (if at all possible); 

(vii) The owner or operator’s actions during the period of excess emissions were documented by properly 

signed, contemporaneous operating logs or other relevant evidence; and, 

(viii) At all times, the facility was operated in a manner consistent with good practices for minimizing emissions. 

This subparagraph is intended solely to be a factor in determining whether an affirmative defense is 

available to an owner or operator, and shall not constitute an additional applicable requirement. 

The owner or operator of the facility experiencing excess emissions during startup and shutdown shall notify the 

Division verbally as soon as possible, but no later than two (2) hours after the start of the next working day, and shall 

submit written quarterly notification following the initial occurrence of the excess emissions. The notification shall 

address the criteria set forth above. 

The Affirmative Defense Provision contained in this section shall not be available to claims for injunctive relief. 

The Affirmative Defense Provision does not apply to State Implementation Plan provisions or other requirements 

that derive from new source performance standards (NSPS) or national emissions standards for hazardous air 

pollutants (NESHAPS), any other federally enforceable performance standard or emission limit with an averaging 

time greater than twenty-four hours. In addition, an affirmative defense cannot be used by a single source or small 

group of sources where the excess emissions have the potential to cause an exceedance of the ambient air quality 

standards or Prevention of Significant Deterioration (PSD) increments. 

In making any determination whether a source established an affirmative defense, the Division shall consider the 

information within the notification required above and any other information the Division deems necessary, which 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 84 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

may include, but is not limited to, physical inspection of the facility and review of documentation pertaining to the 

maintenance and operation of process and air pollution control equipment. 

4. Compliance Requirements 

Regulation No. 3, 5 CCR 1001-5, Part C, §§ III.C.9., V.C.11. & 16.d., § 25-7-122.1(2), C.R.S.

a. The permittee must comply with all conditions of the Operating Permit. Any permit noncompliance 

relating to federally-enforceable terms or conditions constitutes a violation of the federal act, as well as the 

state act and Regulation No. 3. Any permit noncompliance relating to state-only terms or conditions 

constitutes a violation of the state act and Regulation No. 3, shall be enforceable pursuant to state law, and 

shall not be enforceable by citizens under § 304 of the federal act. Any such violation of the federal act, the 

state act or regulations implementing either statute is grounds for enforcement action, for permit 

termination, revocation and reissuance or modification or for denial of a permit renewal application. 

b. It shall not be a defense for a permittee in an enforcement action or a consideration in favor of a permittee 

in a permit termination, revocation or modification action or action denying a permit renewal application 

that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance 

with the conditions of the permit. 

c. The permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing of any 

request by the permittee for a permit modification, revocation and reissuance, or termination, or any 

notification of planned changes or anticipated noncompliance does not stay any permit condition, except as 

provided in §§ X. and XI. of Regulation No. 3, Part C. 

d. The permittee shall furnish to the Air Pollution Control Division, within a reasonable time as specified by 

the Division, any information that the Division may request in writing to determine whether cause exists for 

modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. 

Upon request, the permittee shall also furnish to the Division copies of records required to be kept by the 

permittee, including information claimed to be confidential. Any information subject to a claim of 

confidentiality shall be specifically identified and submitted separately from information not subject to the 

claim. 

e. Any schedule for compliance for applicable requirements with which the source is not in compliance at the 

time of permit issuance shall be supplemental, and shall not sanction noncompliance with, the applicable 

requirements on which it is based. 

f. For any compliance schedule for applicable requirements with which the source is not in compliance at the 

time of permit issuance, the permittee shall submit, at least every 6 months unless a more frequent period is 

specified in the applicable requirement or by the Air Pollution Control Division, progress reports which 

contain the following: 

(i) dates for achieving the activities, milestones, or compliance required in the schedule for compliance, 

and dates when such activities, milestones, or compliance were achieved; and 

(ii) an explanation of why any dates in the schedule of compliance were not or will not be met, and any 

preventive or corrective measures adopted. 

g. The permittee shall not knowingly falsify, tamper with, or render inaccurate any monitoring device or 

method required to be maintained or followed under the terms and conditions of the Operating Permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 85 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

5. Emergency Provisions 

Regulation No. 3, 5 CCR 1001-5, Part C, § VII.

An emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of the 

source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that 

causes the source to exceed the technology-based emission limitation under the permit due to unavoidable increases in 

emissions attributable to the emergency. "Emergency" does not include noncompliance to the extent caused by improperly 

designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. An emergency 

constitutes an affirmative defense to an enforcement action brought for noncompliance with a technology-based emission 

limitation if the permittee demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence 

that: 

a. an emergency occurred and that the permittee can identify the cause(s) of the emergency; 

b. the permitted facility was at the time being properly operated; 

c. during the period of the emergency the permittee took all reasonable steps to minimize levels of emissions 

that exceeded the emission standards, or other requirements in the permit; and 

d. the permittee submitted oral notice of the emergency to the Air Pollution Control Division no later than 

noon of the next working day following the emergency, and followed by written notice within one month 

of the time when emissions limitations were exceeded due to the emergency. This notice must contain a 

description of the emergency, any steps taken to mitigate emissions, and corrective actions taken. 

This emergency provision is in addition to any emergency or upset provision contained in any applicable requirement. 

6. Emission Standards for Asbestos 

Regulation No. 8, 5 CCR 1001-10, Part B

The permittee shall not conduct any asbestos abatement activities except in accordance with the provisions of Regulation No. 

8, Part B, "emission standards for asbestos." 

7. Emissions Trading, Marketable Permits, Economic Incentives 

Regulation No. 3, 5 CCR 1001-5, Part C, § V.C.13.

No permit revision shall be required under any approved economic incentives, marketable permits, emissions trading and 

other similar programs or processes for changes that are specifically provided for in the permit. 

8. Fee Payment 

CRS 25-7-114.1(6) and 25-7-114.7

a. The permittee shall pay an annual emissions fee in accordance with CRS 25-7-114.7. A 1% per month late 

payment fee shall be assessed against any invoice amounts not paid in full on the 91st day after the date of 

invoice, unless a permittee has filed a timely protest to the invoice amount. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 86 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

b. The permittee shall pay a permit processing fee in accordance with CRS 25-7-114.7. If the Division 

estimates that processing of the permit will take more than 30 hours, it will notify the permittee of its 

estimate of what the actual charges may be prior to commencing any work exceeding the 30 hour limit. 

c. The permittee shall pay an APEN fee in accordance with CRS 25-7-114.1(6) for each APEN or revised 

APEN filed. 

9. Fugitive Particulate Emissions 

Regulation No. 1, 5 CCR 1001-3, § III.D.1.

The permittee shall employ such control measures and operating procedures as are necessary to minimize fugitive particulate 

emissions into the atmosphere, in accordance with the provisions of Regulation No. 1, § III.D.1. 

10. Inspection and Entry 

Regulation No. 3, 5 CCR 1001-5, Part C, § V.C.16.b.

Upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Air Pollution 

Control Division, or any authorized representative, to perform the following: 

a. enter upon the permittee's premises where an Operating Permit source is located, or emissions-related 

activity is conducted, or where records must be kept under the terms of the permit; 

b. have access to, and copy, at reasonable times, any records that must be kept under the conditions of the 

permit; 

c. inspect at reasonable times any facilities, equipment (including monitoring and air pollution control 

equipment), practices, or operations regulated or required under the Operating Permit; 

d. sample or monitor at reasonable times, for the purposes of assuring compliance with the Operating Permit 

or applicable requirements, any substances or parameters. 

11. Minor Permit Modifications 

Regulation No. 3, 5 CCR 1001-5, Part C, §§ X. & XI.

The permittee shall submit an application for a minor permit modification before making the change requested in the 

application. The permit shield shall not extend to minor permit modifications. 

12. New Source Review 

Regulation No. 3, 5 CCR 1001-5, Part B

The permittee shall not commence construction or modification of a source required to be reviewed under the New Source 

Review provisions of Regulation No. 3, Part B, without first receiving a construction permit. 

13. No Property Rights Conveyed 

Regulation No. 3, 5 CCR 1001-5, Part C, § V.C.11.d.

This permit does not convey any property rights of any sort, or any exclusive privilege. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 87 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

14. Odor 

Regulation No. 2, 5 CCR 1001-4, Part A

As a matter of state law only, the permittee shall comply with the provisions of Regulation No. 2 concerning odorous 

emissions. 

15. Off-Permit Changes to the Source 

Regulation No. 3, 5 CCR 1001-5, Part C, § XII.B.

The permittee shall record any off-permit change to the source that causes the emissions of a regulated pollutant subject to an

applicable requirement, but not otherwise regulated under the permit, and the emissions resulting from the change, including 

any other data necessary to show compliance with applicable ambient air quality standards. The permittee shall provide 

contemporaneous notification to the Air Pollution Control Division and to the Environmental Protection Agency at the 

addresses listed in Appendix D of this Permit . The permit shield shall not apply to any off-permit change. 

16. Opacity 

Regulation No. 1, 5 CCR 1001-3, §§ I., II.

The permittee shall comply with the opacity emissions limitation set forth in Regulation No. 1, §§ I.-II. 

17. Open Burning 

Regulation No. 1, 5 CCR 1001-3, §§ II.C.1.

The permittee shall obtain a permit from the Division for any regulated open burning activities in accordance with provisions 

of Regulation No. 1, §§ II.C.1. 

18. Ozone Depleting Compounds 

Regulation No. 15, 5 CCR 1001-17

The permittee shall comply with the provisions of Regulation No. 15 concerning emissions of ozone depleting compounds. 

Sections I., II.C., II.D., III. IV., and V. of Regulation No. 15 shall be enforced as a matter of state law only. 

19. Permit Expiration and Renewal 

Regulation No. 3, 5 CCR 1001-5, Part C, §§ III.B.6., IV.C., V.C.2.

a. The permit term shall be five (5) years. The permit shall expire at the end of its term. Permit expiration 

terminates the permittee's right to operate unless a timely and complete renewal application is submitted. 

b. Applications for renewal shall be submitted at least twelve months, but not more than 18 months, prior to 

the expiration of the Operating Permit. An application for permit renewal may address only those portions 

of the permit that require revision, supplementing, or deletion, incorporating the remaining permit terms by 

reference from the previous permit. A copy of any materials incorporated by reference must be included 

with the application. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 88 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

20. Portable Sources 

Regulation No. 3, 5 CCR 1001-5, Part C, § II.D.

Portable Source permittees shall notify the Air Pollution Control Division at least 10 days in advance of each change in 

location. 

21. Prompt Deviation Reporting 

Regulation No. 3, 5 CCR 1001-5, Part C, § V.C.7.b.

The permittee shall promptly report any deviation from permit requirements, including those attributable to upset conditions 

as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. 

Unless required by a permit term or condition to report deviations on a more frequent basis, "prompt" reporting shall entail 

submission of reports of deviations from permit requirements every six (6) months in accordance with paragraph 22.d. below. 

"Prompt reporting" does not constitute an exception to the requirements of "Emergency Provisions" for the purpose of 

avoiding enforcement actions. 

22. Record Keeping and Reporting Requirements 

Regulation No. 3, 5 CCR 1001-5, Part A, § II.; Part C, §§ V.C.6., V.C.7.

a. Unless otherwise provided in the source specific conditions of this Operating Permit, the permittee shall 

maintain compliance monitoring records that include the following information: 

(i) date, place as defined in the Operating Permit, and time of sampling or measurements; 

(ii) date(s) on which analyses were performed; 

(iii) the company or entity that performed the analysis; 

(iv) the analytical techniques or methods used; 

(v) the results of such analysis; and 

(vi) the operating conditions at the time of sampling or measurement. 

b. The permittee shall retain records of all required monitoring data and support information for a period of at 

least five (5) years from the date of the monitoring sample, measurement, report or application. Support 

information, for this purpose, includes all calibration and maintenance records and all original strip-chart 

recordings for continuous monitoring instrumentation, and copies of all reports required by the Operating 

Permit. With prior approval of the Air Pollution Control Division, the permittee may maintain any of the 

above records in a computerized form. 

c. Permittees must retain records of all required monitoring data and support information for the most recent 

twelve (12) month period, as well as compliance certifications for the past five (5) years on-site at all times. 

A permittee shall make available for the Air Pollution Control Division's review all other records of 

required monitoring data and support information required to be retained by the permittee upon 48 hours 

advance notice by the Division. 

d. The permittee shall submit to the Air Pollution Control Division all reports of any required monitoring at 

least every six (6) months, unless an applicable requirement, the enhanced monitoring rule, or the Division 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 89 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

requires submission on a more frequent basis. All instances of deviations from any permit requirements 

must be clearly identified in such reports. 

e. The permittee shall file an Air Pollutant Emissions Notice ("APEN") prior to constructing, modifying, or 

altering any facility, process, activity which constitutes a stationary source from which air pollutants are or 

are to be emitted, unless such source is exempt from the APEN filing requirements of Regulation No. 3, 

Part A, § II.D. A revised APEN shall be filed annually whenever a significant change in emissions, as 

defined in Regulation No. 3, Part A, § II.C.2., occurs; whenever there is a change in owner or operator of 

any facility, process, or activity; whenever new control equipment is installed; whenever a different type of 

control equipment replaces an existing type of control equipment; whenever a permit limitation must be 

modified; or before the APEN expires. An APEN is valid for a period of five years. The five-year period 

recommences when a revised APEN is received by the Air Pollution Control Division. Revised APENs 

shall be submitted no later than 30 days before the five-year term expires. Permittees submitting revised 

APENs to inform the Division of a change in actual emission rates must do so by April 30 of the following 

year. Where a permit revision is required, the revised APEN must be filed along with a request for permit 

revision. APENs for changes in control equipment must be submitted before the change occurs. Annual 

fees are based on the most recent APEN on file with the Division. 

23. Reopenings for Cause 

Regulation No. 3, 5 CCR 1001-5, Part C, § XIII.

a. The Air Pollution Control Division shall reopen, revise, and reissue Operating Permits; permit reopenings 

and reissuance shall be processed using the procedures set forth in Regulation No. 3, Part C, § III., except 

that proceedings to reopen and reissue permits affect only those parts of the permit for which cause to 

reopen exists. 

b. The Division shall reopen a permit whenever additional applicable requirements become applicable to a 

major source with a remaining permit term of three or more years, unless the effective date of the 

requirements is later than the date on which the permit expires, or unless a general permit is obtained to 

address the new requirements; whenever additional requirements (including excess emissions 

requirements) become applicable to an affected source under the acid rain program; whenever the Division 

determines the permit contains a material mistake or that inaccurate statements were made in establishing 

the emissions standards or other terms or conditions of the permit; or whenever the Division determines 

that the permit must be revised or revoked to assure compliance with an applicable requirement. 

c. The Division shall provide 30 days' advance notice to the permittee of its intent to reopen the permit, except 

that a shorter notice may be provided in the case of an emergency. 

d. The permit shield shall extend to those parts of the permit that have been changed pursuant to the reopening 

and reissuance procedure. 

24. Section 502(b)(10) Changes 

Regulation No. 3, 5 CCR 1001-5, Part C, § XII.A.

The permittee shall provide a minimum 7-day advance notification to the Air Pollution Control Division and to the 

Environmental Protection Agency at the addresses listed in Appendix D of this Permit. The permittee shall attach a copy of 

each such notice given to its Operating Permit. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 90 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

25. Severability Clause 

Regulation No. 3, 5 CCR 1001-5, Part C, § V.C.10.

In the event of a challenge to any portion of the permit, all emissions limits, specific and general conditions, monitoring, 

record keeping and reporting requirements of the permit, except those being challenged, remain valid and enforceable. 

26. Significant Permit Modifications 

Regulation No. 3, 5 CCR 1001-5, Part C, §III.B.2.

The permittee shall not make a significant modification required to be reviewed under Regulation No. 3, Part B 

("Construction Permit" requirements) without first receiving a construction permit. The permittee shall submit a complete 

Operating Permit application or application for an Operating Permit revision for any new or modified source within twelve 

months of commencing operation, to the address listed in Item 1 in Appendix D of this permit. If the permittee chooses to 

use the "Combined Construction/Operating Permit" application procedures of Regulation No. 3, Part C, then the Operating 

Permit must be received prior to commencing construction of the new or modified source. 

27. Special Provisions Concerning the Acid Rain Program 

Regulation No. 3, 5 CCR 1001-5, Part C, §§ V.C.1.b. & 8

a. Where an applicable requirement of the federal act is more stringent than an applicable requirement of 

regulations promulgated under Title IV of the federal act, 40 Code of Federal Regulations (CFR) Part 72, 

both provisions shall be incorporated into the permit and shall be federally enforceable. 

b. Emissions exceeding any allowances that the source lawfully holds under Title IV of the federal act or the 

regulations promulgated thereunder, 40 CFR Part 72, are expressly prohibited. 

28. Transfer or Assignment of Ownership 

Regulation No. 3, 5 CCR 1001-5, Part C, § II.C.

No transfer or assignment of ownership of the Operating Permit source will be effective unless the prospective owner or 

operator applies to the Air Pollution Control Division on Division-supplied Administrative Permit Amendment forms, for 

reissuance of the existing Operating Permit. No administrative permit shall be complete until a written agreement containing 

a specific date for transfer of permit, responsibility, coverage, and liability between the permittee and the prospective owner

or operator has been submitted to the Division. 

29. Volatile Organic Compounds 

Regulation No. 7, 5 CCR 1001-9, §§ III & V.

a. For sources located in an ozone non-attainment area or the Denver Metro Attainment Maintenance Area, all 

storage tank gauging devices, anti-rotation devices, accesses, seals, hatches, roof drainage systems, support 

structures, and pressure relief valves shall be maintained and operated to prevent detectable vapor loss 

except when opened, actuated, or used for necessary and proper activities (e.g. maintenance). Such 

opening, actuation, or use shall be limited so as to minimize vapor loss. 

Detectable vapor loss shall be determined visually, by touch, by presence of odor, or using a portable hydrocarbon 

analyzer. When an analyzer is used, detectable vapor loss means a VOC concentration exceeding 10,000 ppm. 
Air Pollution Control Division CEMEX, Inc. 

Colorado Operating Permit Lyons Cement Plant 

Permit # 95OPBO082 Page 91 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Testing shall be conducted as in Regulation No. 7, Section VIII.C.3. 

Except when otherwise provided by Regulation No. 7, all volatile organic compounds, excluding petroleum liquids, 

transferred to any tank, container, or vehicle compartment with a capacity exceeding 212 liters (56 gallons), shall be 

transferred using submerged or bottom filling equipment. For top loading, the fill tube shall reach within six inches 

of the bottom of the tank compartment. For bottom-fill operations, the inlet shall be flush with the tank bottom. 

b. The permittee shall not dispose of volatile organic compounds by evaporation or spillage unless 

Reasonably Available Control Technology (RACT) is utilized. 

30. Wood Stoves and Wood burning Appliances 

Regulation No. 4, 5 CCR 1001-6

The permittee shall comply with the provisions of Regulation No. 4 concerning the advertisement, sale, installation, and use 

of wood stoves and wood burning appliances. 
Air Pollution Control Division 

Colorado Operating Permit 

Appendices 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

OPERATING PERMIT APPENDICES 

A - INSPECTION INFORMATION 

B - COMPLIANCE MONITORING REPORT FORMAT 

C - COMPLIANCE CERTIFICATION REPORT FORMAT 

D - NOTIFICATION ADDRESSES 

E - PERMIT ACRONYMS 

F - PERMIT MODIFICATIONS 

G - COAL SAMPLING PLAN ELEMENTS 

*DISCLAIMER: 

None of the information found in these Appendices shall be considered to be State or 

Federally enforceable, unless otherwise stated in this permit, and is presented to assist the 

source, permitting authority, inspectors, and citizens.
Air Pollution Control Division 

Colorado Operating Permit Appendix A 

Inspection Information Page 93 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

APPENDIX A - Inspection Information

1. Directions to Plant: Follow US Route 36 north from Boulder to Lyons, Colorado. From Lyons, turn 

right onto Colorado Highway 66 for approximately 1/4 mile to plant entrance on the right. 

2. Safety Equipment Required: Eye Protection Hard Hat Safety Shoes Hearing Protection 

3. Facility Plot Plan:

Please see the large plot plan submitted with the source's Title V Operating Permit Application. 

4. List of Insignificant Activities:

The following generic list of insignificant activities was provided in the Title V application: 

Landscaping and site housekeeping devices equal to or less than 10 H.P. in size (lawnmowers, trimmers, 

snow blowers, etc.). 

Storage of butane, propane, or liquefied petroleum gas in a vessel with a capacity of less than 60,000 

gallons, provided the requirements of Regulation No. 7, Section IV are met, where applicable. 

Storage tanks of capacity < 40,000 gallons of lubricating oils. 

Storage tanks meeting all of the following criteria: 

annual throughput is less than 400,000 gallons; and 

the liquid stored is one of the following: 

 diesel fuels I-D, 2-D, or 4-6; 

fuel oils #1 through #6; 

gas turbine fuels 1-GT through 4-GT; 

an oil/water mixture with a vapor pressure lower than that of diesel fuel (Reid vapor pressure of 

.025 PSIA). 

Each individual piece of fuel burning equipment, which uses gaseous fuel, and which has a design rate 

less than or equal to 10 million Btu per hour, and which is solely for heating buildings for personal 

comfort. 

Specific units are identified as follows: 

One propane storage tank 
Air Pollution Control Division 

Colorado Operating Permit Appendix A 

Inspection Information Page 94 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

One (1) natural gas fired 0.80 mmBtu/hr space heating furnace 

Four (4) natural gas fired 0.20 mmBtu/hr space heaters 

One (1) Safety-Kleen cold parts cleaner (naphtha) - A total usage of 350 gallons per year. The Division 

has identified these units as APEN Exempt in accordance with Regulation No. 3, Part a, Section 

II.D.1.ddd. 

Coal unloading spout with dust collector, Model DCL OV24-10, Serial Number 25S-8B. Under Permit 

Application Number 10BO718 (Previously P-10,718) the Division identified this unit as APEN and 

Permit Exempt in accordance with Regulation No. 3, Section II.D.1.a and Section III.D.1.a. The 

exemption was based on the estimated emissions from unloading 50,000 tons per year of coal being less 

that the APEN reporting threshold. It was noted that the uncontrolled emissions from 100,000 tons per 

year of coal would approximate the APEN threshold of one (1) ton per year. 

Two (2) portable, self-contained conveyors, Loadmaster Model 3600 
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 95 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Appendix B 

Reporting Requirements and Definitions 

Please note that, pursuant to 113(c)(2) of the federal Clean Air Act, any person who knowingly: 

(A) makes any false material statement, representation, or certification in, or omits material information 

from, or knowingly alters, conceals, or fails to file or maintain any notice, application, record, report, 

plan, or other document required pursuant to the Act to be either filed or maintained (whether with 

respect to the requirements imposed by the Administrator or by a State); 

(B) fails to notify or report as required under the Act; or 

(C) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to 

be maintained or followed under the Act shall, upon conviction, be punished by a fine pursuant to title 

18 of the United States Code, or by imprisonment for not more than 2 years, or both. If a conviction of 

any person under this paragraph is for a violation committed after a first conviction of such person under 

this paragraph, the maximum punishment shall be doubled with respect to both the fine and 

imprisonment. 

The permittee must comply with all conditions of this operating permit. Any permit noncompliance constitutes 

a violation of the Act and is grounds for enforcement action; for permit termination, revocation and reissuance, 

or modification; or for denial of a permit renewal application.

The Part 70 Operating Permit program requires three types of reports to be filed for all permits. 

All required reports must be certified by a responsible official. 

Report #1: Monitoring Deviation Report (due at least every six months) 

For purposes of this operating permit, the Division is requiring that the monitoring reports are due every six 

months unless otherwise noted in the permit. All instances of deviations from permit monitoring requirements 

must be clearly identified in such reports. 

For purposes of this operating permit, monitoring means any condition determined by observation, by data from 

any monitoring protocol, or by any other monitoring which is required by the permit as well as the 

recordkeeping associated with that monitoring. This would include, for example, fuel use or process rate 

monitoring, fuel analyses, and operational or control device parameter monitoring.
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 96 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Report #2: Permit Deviation Report (must be reported “promptly”) 

In addition to the monitoring requirements set forth in the permits as discussed above, each and every 

requirement of the permit is subject to deviation reporting. The reports must address deviations from permit 

requirements, including those attributable to upset conditions as defined in this Appendix, the probable cause of 

such deviations, and any corrective actions or preventive measures taken. All deviations from any term or 

condition of the permit are required to be summarized or referenced in the annual compliance certification. 

For purposes of this operating permit, “upset” shall refer to both emergency conditions and upsets. Additional 

discussion on these conditions is provided later in this Appendix. 

For purposes of this operating permit, the Division is requiring that the permit deviation reports are due every 

six months unless otherwise noted in the permit. Where the underlying applicable requirement contains a 

definition of prompt or otherwise specifies a time frame for reporting deviations, that definition or time frame 

shall govern. For example, quarterly Excess Emission Reports required by an NSPS. 

In addition to the monitoring deviations discussed above, included in the meaning of deviation for the purposes 

of this operating permit are any of the following: 

(1) A situation where emissions exceed an emission limitation or standard contained in the permit 

(2) A situation where process or control device parameter values demonstrate that an emission limitation or 

standard has not been met; 

(3) A situation in which observations or data collected demonstrates noncompliance with an emission 

limitation or standard or any work practice or operating condition required by the permit; or, 

(4) A situation in which an excursion or exceedance as defined in 40CFR Part 64 (the Compliance 

Assurance Monitoring (CAM) Rule) has occurred. Note that as of the issue date of this permit that 

Colorado has not yet adopted the CAM rule. 

For reporting purposes, the Division has combined the Monitoring Deviation Report with the Permit Deviation 

Report. All deviations shall be reported using the following codes: 

1 = Standard: When the requirement is an emission limit or standard 

2 = Process: When the requirement is a production/process limit 

3 = Monitor: When the requirement is monitoring 

4 = Test: When the requirement is testing 

5 = Maintenance: When required maintenance is not performed 

6 = Record: When the requirement is recordkeeping 

7 = Report: When the requirement is reporting 
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 97 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

8 = Other: When the deviation is not covered by any of the above categories 

Report #3: Compliance Certification (annually, as defined in the permit) 

Submission of compliance certifications with terms and conditions in the permit, including emission limitations, 

standards, or work practices, is required not less than annually. 

Compliance Certifications are intended to state the compliance status of each requirement of the permit over the 

certification period. They must be based, at a minimum, on the testing and monitoring methods specified in the 

permit that were conducted during the relevant time period. In addition, if the owner or operator knows of other 

material information (i.e. information beyond required monitoring that has been specifically assessed in relation 

to how the information potentially affects compliance status), that information must be identified and addressed 

in the compliance certification. The compliance certification must include the following: 

• The identification of each term or condition of the permit that is the basis of the certification; 

• The identification of the method(s) or other means used by the owner or operator for determining 

the compliance status with each permit term and condition during the certification period and 

whether such methods or other means provide continuous or intermittent data. Such methods 

and other means shall include, at a minimum, the methods and means required in the permit. If 

necessary, the owner or operator also shall identify any other material information that must be 

included in the certification to comply with section 113(c)(2) of the Federal Clean Air Act, 

which prohibits knowingly making a false certification or omitting material information; 

• The status of compliance with the terms and conditions of the permit for the period covered by 

the certification, based on the method or means designated above. The certification shall identify 

each deviation and take it into account in the compliance certification. 

• Such other facts as the Division may require, consistent with the applicable requirements to 

which the source is subject, to determine the compliance status of the source. 

The Certification shall also identify as possible exceptions to compliance any periods during which compliance 

is required and in which an excursion or exceedance as defined under 40CFR Part 64 (the Compliance 

Assurance Monitoring (CAM) Rule) has occurred. Note that as of the issue date of this permit that Colorado 

has not yet adopted the CAM rule. 

Note the requirement that the certification shall identify each deviation and take it into account in the 

compliance certification. Previously submitted deviation reports, including the deviation report submitted at the 

time of the annual certification, may be referenced in the compliance certification. 
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 98 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Startup, Shutdown, Malfunctions, Emergencies, and Upsets

Startup, Shutdown, and Malfunctions

Please note that deviations of New Source Performance Standards (NSPS ) and some Maximum Achievable 

Control Technology (MACT) standards that occur during Startup, Shutdown or Malfunctions may not be 

considered to be non-compliance since emission limits or standards often do not apply unless specifically stated 

in the NSPS. Such deviations would, however, still be noted in the deviation report and reported as excess 

emissions per the NSPS/MACT rules. In regards to compliance certifications, the permittee should be confident 

of the information related to those deviations when making compliance determinations since they are subject to 

Division review. The concepts of Startup, Shutdown and Malfunctions also exist for Best Available Control 

Technology (BACT) sources, but are not applied in the same fashion as for NSPS and MACT sources. 

Emergencies and Upsets

Under the Emergency provisions of Part 70 and the Upset provisions of the State regulations, certain 

operational conditions may act as an affirmative defense against enforcement action if they are properly 

reported. Unlike the NSPS/MACT startup, shutdown, and malfunction provisions, however, these exceedances 

must be counted as deviations vis-a-vis the annual compliance certifications. 

Understanding the application of Startup, Shutdown, Malfunctions, Emergency provisions, and the Upset 

provisions is very important in both the deviation reports and annual compliance certifications. 

DEFINITIONS

Malfunction (NSPS) means any sudden, infrequent, and not reasonably preventable failure of air pollution 

control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are 

caused in part by poor maintenance or careless operation are not malfunctions. 

Malfunction (SIP) means any sudden and unavoidable failure of air pollution control equipment or process 

equipment or unintended failure of a process to operate in a normal or usual manner. Failures that are primarily 

caused by poor maintenance, careless operation, or any other preventable upset condition or preventable 

equipment breakdown shall not be considered malfunctions. 

 

Emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control of 

the source, including acts of God, which situation requires immediate corrective action to restore normal 

operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to 

unavoidable increases in emissions attributable to the emergency. An emergency shall not include 
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 99 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, 

careless or improper operation, or operator error. 

Upset means an unpredictable failure of air pollution control or process equipment which results in the violation 

of emission control regulations and which is not due to poor maintenance, improper or careless operations, or is 

otherwise preventable through exercise of reasonable care. 
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 100 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

APPENDIX B

Required Format for Monitoring and Permit Deviation Report - Part I 

1. Following is the format for the Monitoring and Permit Deviation report to be submitted to the Division 

on a semi-annual basis unless otherwise noted in the permit. The Table below must be completed for 

all equipment or processes for which specific Operating Permit terms exist. 

 

2. Part II of this Appendix B shows the format and information the Division will require for describing 

periods of monitoring and permit deviations, or upset or emergency conditions as indicated in the Table 

below. One Part II Form must be completed for each Deviation. Previously submitted reports (e.g. 

EER’s or Upsets) may be referenced and the form need not be filled out in its entirety.

FACILITY NAME: CEMEX, Inc. - Lyons Cement Plant 

OPERATING PERMIT NO: 95OPBO082 

REPORTING PERIOD: (see first page of the permit for specific reporting period and 

dates) 

Deviations noted 

During Period?1 

 Deviation Code2

 Upset/Emergency 

Condition Reported 

During Period? Operating 

Permit Unit 

ID Unit Description YES NO YES NO 

P017 & 

P018 

Dowe Flats Fugitive Sources, Lyons Quarry 

P017 Quarry Primary Crusher & Belt Conveyor, 

Radial Stacker 

 

P004 Storage & Handling of Raw Materials at Plant 

Site 

P001 Primary Crusher at Plant Site, Surge Silo 

P002 Raw Materials Drying 

P003 Secondary Crushing, Screen, Silo, Belt Transfer 

P004 Raw Materials Storage Silo 

P005 Raw Mill Grinding 

P006 Homogenizing and Blending 

P007 & 

P008 

Kiln, Calciner & Clinker Cooler 

P009 Clinker/Gypsum Silos and Weigh Feeders 

P010 Sheltered Clinker Storage Stockpile 

P010A Outdoor Clinker Storage, and FEL Activity 

P011 Cement Finish Mill, Auxiliaries 
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 101 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Deviations noted 

During Period?1 

 Deviation Code2 Upset/Emergency 

Condition Reported 

During Period? Operating 

Permit Unit 

ID Unit Description YES NO YES NO 

P012 Separator (Classifier) 

P013 Cement Silos/Packhouse/Loadout 

P014 Clinker and Fuel Handling 

P007A Handling and Processing of CKD and Waste 

Dust 

 

P016 Haul Roads 

T001 Gasoline Storage Tank 

 Insignificant Activities3 

 General Conditions 

1 See previous discussion regarding what is considered to be a deviation. Determination of whether or not a 

deviation has occurred shall be based on a reasonable inquiry using readily available information. 

2 Use the following entries, as appropriate: 

1 = Standard:: When the requirement is an emission limit or standard 

2 = Process: When the requirement is a production/process limit 

3 = Monitor: When the requirement is monitoring 

4 = Test: When the requirement is testing 

5 = Maintenance: When required maintenance is not performed 

6 = Record: When the requirement is recordkeeping 

7 = Report: When the requirement is reporting. 

8 = Other: When the deviation is not covered by any of the above categories 
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 102 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Required Format for Deviation Report - Part II

FACILITY NAME: CEMEX, Inc. - Lyons Cement Plant 

OPERATING PERMIT NO: 95OPBO082 

REPORTING PERIOD: 

Type of deviation (see footnote 2 above): 

Is the deviation being claimed as an: Emergency Upset N/A 

(For NSPS/MACT) Did the deviation occur during: Startup Shutdown Malfunction 

 Normal Operation 

OPERATING PERMIT UNIT IDENTIFICATION: 

Operating Permit Condition Number Citation

Explanation of Period of Deviation

Duration (start/stop date & time)

Action Taken to Correct the Problem

Measures Taken to Prevent a Reoccurrence of the Problem

Dates of Upsets/Emergencies Reported (if applicable)

SEE EXAMPLE ON THE NEXT PAGE
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 103 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

EXAMPLE

FACILITY NAME: Acme Corp. 

OPERATING PERMIT NO: 96OPZZXXX 

REPORTING PERIOD: 1/1/96 - 6/30/96 

Type of deviation (see footnote 2 above): 1 (opacity) 

Is the deviation being claimed as an: Emergency Upset XX N/A 

(For NSPS/MACT) Did the deviation occur during: Startup Shutdown Malfunction 

 Normal Operation 

OPERATING PERMIT UNIT IDENTIFICATION: 

Asphalt Plant with a Scrubber for Particulate Control - Unit XXX 

Operating Permit Condition Number Citation

Section II, Condition 3.1 - Opacity Limitation 

Explanation of Period of Deviation

Slurry Line Feed Plugged 

Duration 

START- 1730 4/10/96 

END- 1800 4/10/96 

Action Taken to Correct the Problem

Line Blown Out 

Measures Taken to Prevent Reoccurrence of the Problem

Replaced Line Filter 

Dates of Upsets/Emergencies Reported (if applicable)

4/10/96 to S. Busch, APCD 
Air Pollution Control Division 

Colorado Operating Permit Appendix B 

Reporting Requirements and Definitions Page 104 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Required Format for Deviation Report Certification - Part III

TITLE V OPERATING PERMIT 

 CERTIFICATION FOR SEMI-ANNUAL DEVIATION REPORT

SOURCE NAME: CEMEX, Inc. - Lyons Cement Plant 

FACILITY IDENTIFICATION NUMBER: 0130003 

PERMIT NUMBER: 95OPBO082 

REPORTING PERIOD: (see first page of the permit for specific reporting period and dates) 

All information for the Title V Semi-Annual Deviation Reports must be certified by a responsible official. The 

responsible official signing this certification must be pre-approved by the Division in accordance with Colorado 

Regulation No. 3, Part A, Section I.B.54. This signed certification document must be packaged with the 

documents being submitted. 

STATEMENT OF COMPLETENESS 

I have reviewed the information being submitted in its entirety and, based on information and belief 

formed after reasonable inquiry, I certify that the statements and information contained in this submittal 

are true, accurate and complete. 

Please note that the Colorado Statutes state that any person who knowingly, as defined in Sub-Section 18-

1-501(6), C.R.S., makes any false material statement, representation, or certification in this document is 

guilty of a misdemeanor and may be punished in accordance with the provisions of Sub-Section 25-7 

122.1, C.R.S. 

Printed or Typed Name Title 

 Signature Date Signed 

Note: Deviation reports shall be submitted to the Division at the address given in Appendix D of this 

permit. No copies need be sent to the U.S. EPA.
Air Pollution Control Division 

Colorado Operating Permit Appendix C 

Compliance Certification Report Page 105 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

APPENDIX C

Format for Annual Compliance Certification Report

Following is the format for the Compliance Certification report to be submitted to the Division and the U.S. 

EPA annually based on the effective date of the permit. The Table below must be completed for all equipment 

or processes for which specific Operating Permit terms exist. 

 

FACILITY NAME: CEMEX, Inc. - Lyons Cement Plant 

OPERATING PERMIT NO: 95OPBO082 

REPORTING PERIOD: 

I. Facility Status 

 During the entire reporting period, this source was in compliance with ALL terms and conditions contained 

in the Permit, each term and condition of which is identified and included by this reference. The method(s) 

used to determine compliance is/are the method(s) specified in the Permit. 

 During the entire reporting period this source was in compliance with all terms and conditions contained in 

the Permit, each term and condition of which is identified and included by this reference, EXCEPT for the 

deviations identified in the table below. The method used to determine compliance for each term and condition 

is the method specified in the Permit, unless otherwise indicated and described in the deviation report(s) . Note 

that a deviation is not always a violation.

If any deviations for any permit term or condition occurred during the annual reporting period, fill in the 

required information for all emission points (regardless of compliance status) in the following table.

Deviations Reported 1 Monitoring Method 

per Permit?2

Was data 

Continuous?3

Operating 

Permit Unit 

ID 

Unit Description 

Previous Current YES NO YES NO 

P017 & 

P018 

Dowe Flats Fugitive 

Sources, Lyons Quarry 

P017 Quarry Primary 

Crusher & Belt 

Conveyor, Radial 

Stacker 

P004 Storage & Handling of 

il l
Air Pollution Control Division 

Colorado Operating Permit Appendix C 

Compliance Certification Report Page 106 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Deviations Reported 1 Monitoring Method 

per Permit?2

Was data 

Continuous?3

Operating 

Permit Unit 

ID 

Unit Description 

Previous Current YES NO YES NO 

Raw Materials at Plant 

Site 

P001 Primary Crusher at 

Plant Site, Surge Silo 

P002 Raw Materials Drying 

P003 Secondary Crushing, 

Screen, Silo, Belt 

Transfer 

P004 Raw Materials Storage 

Silo 

P005 Raw Mill Grinding 

P006 Homogenizing & 

Blending 

P007 & 

P008 

Kiln, Calciner & 

Clinker Cooler 

P009 Clinker/Gypsum Silos 

and Weigh Feeders 

P010 Sheltered Clinker 

Storage Stockpile 

P010A Outdoor Clinker 

Storage, and FEL 

Activity 

P011 Cement Finish Mill, 

Auxiliaries 

P012 Separator (Classifier) 

P013 Cement 

Silos/Packhouse/Load

out 

P014 Clinker & Fuel 

Handling 
Air Pollution Control Division 

Colorado Operating Permit Appendix C 

Compliance Certification Report Page 107 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Deviations Reported 1 Monitoring Method 

per Permit?2

Was data 

Continuous?3

Operating 

Permit Unit 

ID 

Unit Description 

Previous Current YES NO YES NO 

P007A Handling & Processing 

of CKD & Waste Dust 

 

P016 Haul Roads 

T001 Gasoline Storage Tank 

General 

Conditions 

Insignifican

t Activities 

4

1 If deviations were noted in the previous deviation report (i.e. for the first six months of the annual reporting 

period), put an AX@ under Aprevious@. If deviations were noted in the current deviation report (i.e. for the last six 

months of the annual reporting period), put an AX@ under Acurrent@. Mark both columns if both apply. 

2 Note whether the method(s) used to determine the compliance status with each term and condition was the 

method(s) specified in the permit. If it was not, mark Ano@and attach additional information/explanation. 

 

3 Note whether the method(s) used to determine the compliance status with each term and condition provided 

continuous or intermittent data. 

4 Compliance status for these sources shall be based on a reasonable inquiry using readily available 

information.
Air Pollution Control Division 

Colorado Operating Permit Appendix C 

Compliance Certification Report Page 108 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

II. Status for Accidental Release Prevention Program: 

A. This facility is subject is not subject to the provisions 

of the Accidental Release Prevention Program (Section 112(r) of the 

Federal Clean Air Act) 

B. If subject: The facility is is not in compliance with all 

the requirements of section 112(r). 

1. A Risk Management Plan will be has been submitted to the 

appropriate authority and/or the designated central location by June 20, 1999. 

III.. Certification 

I have reviewed this certification in its entirety and, based on information and belief formed after 

reasonable inquiry, I certify that the statements and information contained in this certification are true, 

accurate and complete. 

Please note that the Colorado Statutes state that any person who knowingly, as defined in § 18-1-501(6), 

C.R.S., makes any false material statement, representation, or certification in this document is guilty of a 

misdemeanor and may be punished in accordance with the provisions of § 25-7 122.1, C.R.S. 

Printed or Typed Name Title 

 Signature Date Signed 

NOTE: All compliance certifications shall be submitted to the Air Pollution Control Division and to the 

Environmental Protection Agency at the addresses listed in Appendix D of this Permit. 
Air Pollution Control Division 

Colorado Operating Permit Appendix D 

Notification Addresses Page 109 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

APPENDIX D

Notification Addresses

1. Air Pollution Control Division

Colorado Department of Public Health and Environment 

Air Pollution Control Division 

Operating Permits Unit 

APCD-SS-B1 

4300 Cherry Creek Drive S. 

Denver, CO 80246-1530 

ATTN: Jim King 

2. United States Environmental Protection Agency 

Compliance Notifications:

Office of Enforcement, Compliance and Environmental Justice 

Mail Code 8ENF 

U.S. Environmental Protection Agency, Region VIII 

999 18th Street, Suite 300 

Denver, CO 80202 

Permit Modifications, Off Permit Changes: 

Office of Pollution Prevention, State and Tribal Programs 

Air Program, 8P2-a 

U.S. Environmental Protection Agency, Region VIII 

999 18th Street, Suite 300 

Denver, CO 80202 
Air Pollution Control Division 

Colorado Operating Permit Appendix E 

Permit Acronyms Page 110 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

APPENDIX E

Permit Acronyms

Listed Alphabetically:

AIRS - Aerometric Information Retrieval System 

AP-42 - EPA Document Compiling Air Pollutant Emission Factors 

APEN - Air Pollution Emission Notice (State of Colorado) 

APCD - Air Pollution Control Division (State of Colorado) 

ASTM - American Society for Testing and Materials 

BTU - British Thermal Unit 

CAA - Clean Air Act (CAAA = Clean Air Act Amendments) 

CCR - Colorado Code of Regulations 

CEMS - Continuous Emissions Monitor System 

CKD - Cement Kiln Dust 

CF - Cubic Feet (SCF = Standard Cubic Feet) 

CFR - Code of Federal Regulations 

CO - Carbon Monoxide 

COM - Continuous Opacity Monitor 

CMS - Continuous Monitoring System 

CRS - Colorado Revised Statute 

D/F - Dioxins and Furans 

EPA - Environmental Protection Agency 

FEL - Front End Loader 

FR - Federal Register 

G - Gram 

GR - Grain 

HCL - Hydrochloric Acid 

LBS - Pounds 

MM - Million 

MMscf - Million Standard Cubic Feet 

NOx - Nitrogen Oxides 

NESHAP - National Emission Standards for Hazardous Air Pollutants 

NSPS - New Source Performance Standards 

O&M - Operation and Maintenance 

P - Process Weight Rate in Tons/Hr 

PE - Particulate Emissions 

PM - Particulate Matter 
Air Pollution Control Division 

Colorado Operating Permit Appendix E 

Permit Acronyms Page 111 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

PM10 - Particulate Matter Under 10 Microns 

PMCDS - Particulate Matter Control Device 

PPM - Parts Per Million 

PSD - Prevention of Significant Deterioration 

RACT - Reasonably Available Control Technology 

SCC - Source Classification Code 

SCF - Standard Cubic Feet (dscf - dry standard cubic feet) 

SIC - Standard Industrial Classification 

SO2 - Sulfur Dioxide 

TPY - Tons Per Year 

VOC - Volatile Organic Compounds 
Air Pollution Control Division 

Colorado Operating Permit Appendix F 

Permit Modifications Page 1 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

APPENDIX F

Permit Modifications

DATE OF 

REVISION

SECTION NUMBER, 

CONDITION NUMBER

DESCRIPTION OF REVISION

April 17, 2001 Throughout Name change from Southdown, Inc. to CEMEX, Inc. – 

Administrative Amendment 

Section I, Condition 1.1 Revise description to delete reference to underground tunnel 

system. - Administrative Amendment 

Section I, Condition 4.1 Revise to remove underground tunnel system (S009) – 

Administrative Amendment 

Section II, Conditions 3.1 

and 3.2 

Revise throughput limit and emission limits to incorporate 

modifications made to the construction permit for front end loader 

activity. Delete reference to underground tunnel system and 

baghouse operation and maintenance. (Note: Throughput limit is 

corrected from construction permit to reflect throughput requested 

for construction permit modification application, upon which 

emission limits were based) – Minor Modification 

Section II, Condition 11.3 Emission limits for P012 revised to incorporate modifications 

made to construction permit. (Note: monthly and daily emission 

limits corrected from construction permit to reflect amounts 

requested in construction permit modification application). – 

Minor Modification 

Section IV, Condition 7 Revise fee requirement cites. – Administrative Amendment 

January 9, 2002 

Section IV, Condition 13 Correct Odor requirement cite. – Administrative Amendment 
Air Pollution Control Division 

Colorado Operating Permit Appendix F 

Permit Modifications Page 2 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Section II, Condition 10.8 NOx and CO emission limits are revised to reflect relocation of 

the burner pipe. This project is a pollution control project, which 

requires public notice. The modification to this permit is a minor 

modification,t herefore the permittee can make the chance once 

any comments received during the pollution control project notice 

are resolved. 

Information Page Correct Air Act cite – Administrative Amendment 

Section I, Conditions 1.1 

and 2.1 

Revise attainment status description – Area is no longer 

nonattainment for CO – Administrative Amendment 

Section I, Condition 1.4 Revise Section IV, General Conditions cites to reflect new 

condition numbers – Adminsitrative Amendment 

Section II, Condition 1.4 Remove the requirement for a separate compliance statement in 

the annual report – Administrative Amendment 

Section II, Tables 3, 11, 

and 13 

Correct opacity monitoring Intervals to indicate semiannual 

opacity readings are required (to correspond to applicable 

requirements) – Administrative Amendment 

Section II, Previous 

Condition 3.6 

Remove Condition 3.6 – As subsequently constructed, these 

activities are not subject to the MACT standards. – Administrative 

Amendment 

Section II, Condition 11.6 Remove the requirement for a separate compliance statement in 

the annual report – Administrative Amendment 

Section II, Condition 13.5 Remove the requirement for a separate compliance statement in 

the annual report – Administrative Amendment 

Section II, Condition 15.2 Correct emission factor – Administrative Amendment 

Section II, Condition 21 For Bagfilter O&M Plan, change “operating experience” to “good 

engineering practices” – Administrative Amendment 

Section II, Condition 22 Update Colorado Regulation No. 1 opacity language. In addition, 

for Bagfilter O&M Plan, change “operating experience” to “good 

engineering practices” – Administrative Amendment 

Section IV, Condition 3 Add Common Provisions regulations – Administrative 

Amendment 

March 26, 2002 

Section IV, Condition 5 Remove Common Provisions Upset provisions – Now included in 

Condition 3 – Administrative Amendment 
Air Pollution Control Division 

Colorado Operating Permit Appendix F 

Permit Modifications Page 3 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

Appendices Cover Page Revise Disclaimer to reflect current Division policy – 

Administrative Amendment 

Appendix A Update Insignificant Activity List – Administrative Amendment 

April 23, 2002 Section II, Condition 11.1 Correct cement production limits. – Administrative Amendment 

No change in emissions 

October 8, 2002 Section II, Condition 10.8 Revise NOx and CO emission limits to reflect pre-PCP limits. – 

Minor Modification 
Air Pollution Control Division 

Colorado Operating Permit Appendix G 

Coal Sampling Plan Elements Page 1 

Operating Permit Number: 95OPB0082 Issued: 2/1/00 

Last Revised: 10/8/02 

APPENDIX G

COAL SAMPLING PLAN ELEMENTS

Note that in lieu of preparing, submitting and implementing a Division approved coal sampling plan, the source 

may use vendor receipts provided the vendor samples, prepares and analyzes coal in accordance with the 

requirements described in this section. The source shall retain documentation from the vendor, indicating that 

coal is sampled, prepared and analyzed in accordance with Division requirements. 

The coal sampling plan shall, as a minimum, include details for the following: 

1. Describe how each shipment of coal received will be sampled in accordance with ASTM D2234-

89; 

2. Include the provision for a proper chain of custody tracking of the sample(s); 

3. Required samples be prepared in accordance with ASTM D2013-86; 

4. Require the use of the following test procedures: 

4.1. Sulfur content shall be determined in accordance with ASTM D3177-75 or D4239-85; 

4.2. Heating value shall be determined in accordance with ASTM D2015-77 or D3286-85. 

The heat content shall be based on the lowest gross heating value of the fuel. 

4.3. Ash content shall be determined in accordance with ASTM D3174-93; 

4.4. Lead content shall be determined in accordance with ASTM D3683-94. 

5. a copy of the test results shall be maintained and made available for Division review upon 

request. The range of values for the sulfur, ash, lead and heat content for the most recent 

calendar year shall be included in the annual certification report. 

6. Readable, permanent copies of vendor invoices or certificates of quality reporting the coal sulfur 

and heat content shall be maintained with the copies of the coal sample test results and be made 

available for Division review upon request; and 

7. Identify any other EPA or ASTM methods or procedures that will be utilized. 

8. a chain-of-custody procedure shall be defined by the plan.