By Grace Hood

According to John Martin, a community member who opposes tire burning at the Lyons-based cement factory Cemex, it will be the first of its kind. This Tuesday, March 14, representatives from the Cemex factory and Martin's opposition group, Friends of St. Vrain River Valley, will gather for a community meeting to discuss the proposed tire burning. Also in attendance will be the St. Vrain Community Watchdogs and members from the Colorado Citizen's Campaign, two groups that oppose the tire burning.

Cemex officials point to tire burning as an environmentally friendly way to dispose of old tires and generate energy for the plant. Considering the rising costs of utilities in recent months, the move makes economic sense.

"Tire-derived fuel is a proven technology that's used widely around the world; it has been used in the U.S. since 1979, and it's currently used in more than 30 states," says Susana Duarte, spokesperson for Cemex. "Tire burning is regulated. You have to apply for a permit. The state runs tests regularly to check compliance, and we adhere to the highest safety standards. We continuously update the technology in the plant to ensure that we're using the best and latest available."

Many community members point out that if the proper equipment and temperatures aren't used to incinerate tires, then they can release deadly toxins. Given the company's environmental violation fine in 2003 and a 2004 citation currently under review by the state, community members like Martin say there is cause for concern.

For those outside Lyons that think the issue doesn't impact them, Martin says think again.

"This is not specifically a Lyons concern," he says. "I think that the Boulder, Longmont and Berthoud communities are in fact more impacted by this because of prevailing winds."

Perhaps the most compelling argument against burning tires at Cemex is a look at the company's track record, says Martin.

"Notice their operating procedure: Press the boundaries until the community can't take it any more, and then do small ameliorations to the problem," says Martin. "They want to posture themselves as some kind of environmentally friendly company that's friendly to the community. In fact, it's push against the boundaries, and pay the fines to the state."

The most recent "amelioration," says Martin, is Cemex's announcement of plans to install noise-abatement equipment in its spray tower. Right now, when the spray tower gets blocked with rocky debris, Cemex uses explosives to remove the blockage, which neighbors say are extremely loud and disruptive.

Duarte says that the noise-abatement equipment was a proactive step by the company, and amounts to much more than a minor improvement.

"This is not a small change. It is a huge investment that we are doing to be a responsible community member," says Duarte. "We have not received an inordinate amount of complaints on any of these issues. I think it's important to highlight the fact that when technology becomes available that allows us to run a quieter plant, we do. We buy it, install it. It's good business, and it makes sense."

Perhaps most frustrating to Martin and other groups opposed to the new Cemex proposal has been an inability to engage county-level government in a tire-burning debate. Had Cemex been required to apply for a new permit, then Martin's group and others could have given input in a county-sanctioned meeting. This is particularly important, says Martin, because in a recent court battle that challenged the tire burning, the judge skirted the issue of health concerns.

"[Cemex] has the go ahead, but if you look at Judge Bailin's decision, she specially says that 'I am not deciding on the health concerns about burning tires.'"

Because there's little government involvement right now, Martin and other groups are pushing to raise awareness. Colorado Citizens Campaign launched an initiative this January to open the lines of communication between Cemex and the surrounding communities.

"Our first goal is to open dialogue with Cemex plant leadership, especially John Lohr directly," says Jamie Rall, assistant program director for Colorado Citizens Campaign. "How the campaign progresses from there will be based on that dialogue."

To date, Colorado Citizen's Campaign has gathered about 3,600 signatures and delivered 880 letters addressed specifically to the Cement Plant Manager Lohr. Lohr says he hasn't responded to all 880 letters, but has contacted the Colorado Citizen Campaign and looks forward to meeting with program director Fred Kirsch.

"I was intrigued that he believes that he can help us solve a number of the issues—that is the promise he has made," says Lohr. "We have opened a dialogue, and we'll see what happens with that."

Boulder County Commissioner Will Toor says that he and the other commissioners want to hold meetings about tire burning, but can only do so after the state rules on the 2004 citation. Because Boulder County Public Health is involved with the investigation process, Toor says he doesn't want to undermine the ability of Public Health to fulfill its mission.

"When we hold a public meeting on this, it will essentially be gathering information that we can use for taking a position we can communicate to the state. We have no direct regulatory authority—it would essentially be speaking out. Given that Public Health does have direct regulatory authority that far exceeds that of county commissioners, I think it would be a bad bargain to take any action that would undermine that," he says.

The state's investigation of the 2004 violation is ongoing and the state has not indicated a completion date. Of question is why the company ran its cement kiln at improper temperatures more than 72,000 times in 2004. Cemex has said that the violations were the result of a computer glitch. County Commissioner Toor says that if the state does decide Cemex is at fault, then a community discussion about tire burning becomes critical.

"If the notice is upheld and it's true that Cemex is unable to maintain those temperature limits, it certainly would raise many questions," he says.

But Martin says it doesn't matter what the state decides on the 2004 citation—either way there are concerns about Cemex's operating procedures.

"Either they're operating without reliable data, or they're operating with reliable data that shows them out of compliance with their permit," he says. "We don't know what's going on."

Duarte says that just because Cemex has prior violations doesn't mean that the company is running a bad business.

"If we were getting NOVs [notice of violation] and not doing anything, we would be an irresponsible company—but we're not. Sometimes equipment fails that you immediately take care of—you will be found in violation for that. We immediately address any issue that comes up," she says. "We take it so seriously that we proactively go out and do things like try to install better burning fuel. The tire-burning technology allows us to be even more responsible by utilizing the technology."

With Lyons Mayor Tim Kyer moderating the discussion at the March 14 meeting, Martin says that the city of Lyons is helping the debate by initiating dialogue between Cemex and groups like his.

But while Martin says that the meeting is a step in the right direction, he says that his group has a long way to go before it can stop the tire burning.

"It seems clear that the only way Cemex is going to not burn tires is through significant citizen opposition. We hope that more residents of the surrounding community will become aware that this plant with a poor operating record wants to incinerate tires in Boulder County," he says. "The theoretical question of 'can tires be burned safely' is very different than the question, 'can tires be burned safely in this facility, given its track record.'"

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