Beginning in 1997, and ending some time in 1999, CEMEX modified its Facility, including upgrading the Raw Mill System, the Kiln System, the Finish Mill System and the Oxygen Plant in an effort to increase production. CEMEX failed to notify EPA of its plans for the construction of this modification, the commencement of construction of this modification, or the commencement of the operation of the modified Facility. EPA was unaware of and did not discover the modification until EPA inspected the CEMEX Facility in 2006. The modification resulted in a significant net emissions increase of NOx. That net emissions increase triggered the PSD requirements. For the modification described above CEMEX failed to apply for, obtain and operate its Facility pursuant to a PSD permit and failed to apply for, obtain and operate its Facility pursuant to a proper Title V permit. By failing to apply for and obtain a PSD permit for its Facility, Defendant failed to: 1) undergo proper PSD BACT analysis; 2) install and operate the best available control technology for the control of NOx; 3) demonstrate that allowable emission increases from the
modification would not cause or contribute to air pollution violations; and 4) provide for review and public comment on the air quality impacts of the modification.