# OPERATING PERMIT

CEMEX, Inc. Lyons Cement Plant

ISSUED FEBRUARY 1, 2000 Last Revised: October 8, 2002AIR 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 Plant Manager Compliance Manager Title: 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 .............................................................................................................................. 8 0

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 ..................................................................................................................... ................................... 1Air 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

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

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 Grandfather Secondary 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) GrandfatherAir 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

S014 - Homogenizing Silo Grandfather Homogenizing

& Blending P006 006

S015 - Kiln Feed Silo 180 TPH Raw Meal Baghouse

(2 each) Grandfather

Kiln Burning P007 007 S016 - Pr ecalciner Kiln 120 TPH (dry) Bag house

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 - TransferSheltered (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

S020 - Coal Silo Clinker & Fuel 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 Bagfilters Pneumatic Conveyance of

Materials P007A 040

040B - Conveyance of

Benefication Dust to Silo No.

2844 Bagfilters 98BO0315Air 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

Monitoring Parameter Permit

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

PM 10 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 theAir 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 PM 10 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 PM 10 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 muckAir 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 toAir 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

Monitoring Parameter Permit

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)

PM 10 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 beAir 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 PM 10 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 PM 10 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

Monitoring Parameter Permit

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

PM 10 3.2

6.14 tons/year

0.77 ton/month

53.00 lbs/day Front End

Loader: .026 lb

PM/ton

.0114 lb

PM 10 /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 forAir 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 PM 10 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 PM 10 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

Monitoring Parameter Permit

Condition

Number Limitations Emission

Factors Method Interval

Material Throughput 4.1 Records Annually

PM &PM 10 4.2 PM & PM 10 : 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

PM 10 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

SO 2 36.7 tons/year

NO

x 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

AnnuallyAir 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 10 6 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 PM 10 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 PM 10 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 PM 10 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 (SO 2 ) Method 10 (CO) Method 7E (NO

x ) 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

Monitoring

Parameter Permit

Condition

Number Limitations Emission

Factors Method Interval

Process

Rate 6.1 Records Annually

PM &PM 10 6.2 PM & PM 10 : 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 NeededAir 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

Monitoring

Parameter Permit

Condition

Number Limitations Emission

Factors Method Interval

Process

Rate 7.1 Records Annually

PM &PM 10 7.2 PM & PM 10 : 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 AnnuallyAir 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

Monitoring

Parameter Permit

Condition

Number Limitations Emission

Factors Method Interval

Process

Rate 8.1 Recordkeeping Annually

PM &PM 10 8.2 PM & PM 10 : 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

DailyAir 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

Monitoring

Parameter Permit

Condition

Number Limitations Emission

Factors Method Interval

Process

Rate 9.1 Recordkeeping Annually

PM &PM 10 9.2 PM & PM 10 : 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

DailyAir 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)

Monitoring

Parameter Permit

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 ContinuousAir 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 &

PM 10 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 & PM 10 - Kiln

10.5 0.275 pound/ton of feed (dry basis)

PM & PM 10 - 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

1340 tons/year SO 2

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

AnnuallyAir 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 meteraveraged 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, PM 10 , NO

x , SO 2 , 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).

NO

x , SO 2 , 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 PM 10 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

Monitoring Parameter Permit

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 annuallyAir 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 PM 10 11.3

P010 0.41 ton/year

0.05 ton/month

7.5 lbs/day 50% of

PM Stack Test Recordkeeping One-Time MonthlyAir 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 beAir 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 PM 10 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 PM 10 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 PM 10 fraction analysis to verify the assumption that PM 10 emissions are 50% of total PM. (Construction Permit 98BO0259) If the

stack test indicates that PM 10 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 PM 10 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 PM 10 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.

PM 10 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

Monitoring

Parameter Permit

Condition

Number Limitations Emission

Factors Method Interval

Process

Rate 12.1 Recordkeeping Annually

PM &PM 10 12.2 PM & PM 10 : 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 yearsAir 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

Monitoring Parameter Permit

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 MonthlyAir 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 PM 10 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 PM 10 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 ofAir 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 PM 10 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 PM 10 fraction analysis to verify the assumption that PM 10 emissions are 50% of total PM. (Construction Permit 98BO0315) If stack test results indicate PM 10 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 PM 10 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 PM 10 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. PM 10 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 forAir 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 PM 10 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 A suspend operation @ need be shut down (i.e., the permittee cannot A 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. (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

Monitoring

Parameter Permit

Condition

Number Limitations Emission

Factors Method Interval

Haul Road Activity

Information 14.1 Recordkeeping Annually

PM &PM 10 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 PM 10 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

Monitoring Parameter Permit

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 AnnuallyAir 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

Monitoring Parameter Permit

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

24.4.2Air 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 ContinuousAir 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 aAir 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 orAir 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 Processin g 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

D ivision 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 D ivision shall consider the information within the notification required above and any other information the D ivision deems necessary, whichAir 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 DivisionAir 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 tankAir 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 3600Air 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 reportingAir 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 includeAir 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 Code 2 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, AuxiliariesAir 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 Code 2 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 Activities 3

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 categoriesAir 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 PAGEAir 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, APCDAir 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 lAir 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 HandlingAir 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 A X @ under A previous @ . If deviations were noted in the current deviation report (i.e. for the last six months of the annual reporting period), put an A X @ under A current @ . 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 A no @ 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 80202Air 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 MatterAir 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 PM 10 - 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

SO 2 - Sulfur Dioxide

TPY - Tons Per Year VOC - Volatile Organic CompoundsAir 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 AmendmentAir 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 AmendmentAir 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 ModificationAir 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.