Wednesday, May 3, 2017

Residents Riled By TDEC Decision


By Walter F. Roche Jr.

For some residents of northeast Tennessee, action this week by the Tennessee Department of Environment and Conservation was the last straw.
In a decision finalized early this week the state agency concluded that despite multiple violations of its permits over a nine month period no fines will be imposed on US Nitrogen, the Greene County subsidiary of an Ohio based explosives company.
In a three-page letter to US Nitrogen, Michelle W. Owenby, head of TDEC's air pollution control programs, wrote that after reviewing incidents dating back to August of last year, she had
decided to exercise her discretion and waive any fines. She said the fact that US Nitrogen "self reported" the incidents was a factor.
Ann Harris, a local resident calls that "a farce," noting that it was local residents who sounded the alarm in the most recent failed start up effort which triggered a response from emergency management personnel.
Donahue Bible of Mohawk could only watch as a pipeline was installed on the edge of his property two years ago. The pipeline is used to draw millions of gallons of free water from the Nolichucky River for US Nitrogen's use  in the production of ammonium nitrate.
Bible said it was no surprise that the company got what it wanted, noting that Gov. Bill Haslam was on hand when the company announced it was coming to Greene County.
Eddie Overholt, who got hauled off to jail when he complained that no one could hear what was going on at an early public hearing on the US Nitrogen project said he wasn't surprised either.
"Having been involved in this almost from the beginning I am not surprised. We have been thwarted at every turn and my suspicion is pressure from Nashville. I was amazed to learn, on this last gas leak, that there were no alarm systems for the nearby factories and residents."
The charges against Overholt were eventually dropped.
The incidents cited by Owenby in her letter include a failed Aug 23, 2016 attempt to start up a nitric acid plant. Toxic fumes spewed from the plant producing a large orange cloud that hung over the company's 50 acre site in Midway, Tenn. That set off a wave of anxious calls from area residents as  Harris noted.
According to Owenby's letter the permit violations by US Nitrogen included two events in August of last year including the Aug. 23 release.
But citing US Nitrogen's "good faith efforts shown by self disclosure" of an Aug. 3 event, Owenby added, "I have elected to  take no action regarding this violation."
She said modeling of the Aug 23 incident showed that despite the very visible cloud, the emissions did not exceed standards.
Following the Aug. 23 orange cloud incident, according to Owenby's letter, US Nitrogen promised to notify the agency in advance on future startup efforts and state inspectors were on hand to witness the subsequent efforts.
In the same three-page letter Owenby, did cite the Midway firm for being 80 days late in certifying its 2016 plan for dealing with excessive accidental emissions.
Noting that the certification was only submitted on April 2 and after TDEC had notified the company the certification was overdue, Owenby wrote that she has yet to determine whether a penalty will be imposed for the tardy filing.
The TDEC action Monday follows the notification late last week that TDEC denied a US Nitrogen request for an extension of a deadline until the end of this year to complete performance testing on its nitric acid plant, a key element in the production of ammonium nitrate.
In a statement issued today, US Nitrogen said the denial would not deter the company from going forward towards running the plant at full capacity.
"We will continue to work closely with TDEC to complete the last steps in the required testing," the company said in the statement, adding, "US Nitrogen does not believe this will affect the operational status of the nitric acid plant."
US Nitrogen said that it was in compliance "with the majority of the requirements of the existing nitric acid plant air permit...The testing process will not affect our emissions and, therefore, not adversely affect air quality in the vicinity of the plant."
Contact: wfrochejr999@gmail.com








Tennessee environmental officials have notified US Nitrogen that they will not impose fines on the Greene County chemical company despite a series of violations of its permits that occurred since August of last year.
In the same three-page letter Michelle Owenby, chief of the air branch of the Tennessee Department of Environment and Conservation cited the Midway firm for being 80 days late in certifying its 2016 plan for deadling with excessive accidental emissions.
Noting that the certification was only submitted on April 2 and after TDEC had notified the company the certification was overdue, Owenby wrote that she has yet to determine whether a penalty will be imposed for the tardy filing.
The TDEC action today follows the notification late last week that TDEC denied a US Nitrogen request for an extension until the end of this year to complete performance testing on its nitric acid plant, a key element in the production of ammonium nitrate.
According to Owenby's letter the permit violations by US Nitrogen included two events in August of last year including the Aug. 23 release.
Citing US Nitrogen's "good faith efforts shown by self disclosure" of an Aug. 3 event, Owenby added, "I have elected to  take no action regarding this violation."
She said modeling of the Aug 23 incident showed that despite the very visible cloud, the emissions did not exceed standards.
Following the Aug. 23 orange cloud incident, according to Owenby's letter, US Nitrogen promised to notify the agency in advance on future startup efforts.
As a result state officials were on hand for start-up efforts on Sept. 6, Sept. 20, Oct. 11, Jan. 17 and April 4.
"It has been determined that during the start-up events described, you promptly shutdown and/or curtailed production of excessive emissions and determined that they could not be minimized by process adjustment alone," Owenby wrote.
Stating that the public health and welfare were not jeopardized, Owenby said she would not impose any penalties for any of those incidents.
As for the late filing of the accidental emissions certification, Owenby told US Nitrogen to submit evidence that a fine would not be justified.
Contact: wfrochejr999@gmail.com


As long as Bill Haslam is Governor of Tennessee, and Herbert Slatery is his “co-signing” State Attorney General...I don’t think US Nitrogen has anything to worry about, concerning the recent unfavorable ruling by TDEC.


In my opinion, this has been clearly demonstrated from day-one when this “bait and switch operation” was unveiled to the Greene County Commission in the governor’s presence, at the meeting at the General Morgan Inn in Greeneville. It was there that US Nitrogen (Austin Powder Company) Vice President and Chief Financial Officer, James Boldt, led the the Greene County Commissioners to believe, that US Nitrogen would be buying large amounts of water from a Greene County local utility district at Mosheim....knowing...I believe...full-well of their future plans to invade the banks of the Nolichucky River for free water, and industrial waste disposal.


The influence of the governor, I believe, once more came into play...several months later when the legal department of TDOT’s First District in Knoxville ruled...against the use of two rights of way along State Routes 348 and 340 in Greene County to run the two US Nitrogen pipelines, 12 miles to the Nolichucky River...deeming the project “not legal.” This too, was “fixed” by the governor in well less than one month...and the pipelines are there today.


There are several other examples I could relate, of what I believe, was direct intervention in behalf of US Nitrogen by our Tennessee governor.


I speak from the experience of a Greene County land-owner who stood by and watched armed Greene County Sheriff’s Department employees stand guard, as the dual pipelines were placed across over 1700 feet of our property frontage, along Tenn. State Route 340 (Fish Hatchery Road).

With this kind of intervention history from the office of Tennessee’s governor...why should US Nitrogen be concerned about refusal of a TDEC permit? Incidentally, I have been a registered Republican voter in Tennessee for well over 50 years. Politics has no bearing, on my opinion or comments here.
Donahue Bible
Mohawk, Greene County, Tennessee





WR

walter roche
Today, 2:27 AM
Hello: I am working on a story about the latest developments with US Nitrogen and TDEC. The Tennessean is finally interested, I think. Could you give me a comment on on the record about TDEC deciding not to impose any fines? Thanks
This kind of cheerleading by TDEC shows just how TDEC has become irrelevant in the US nitrogen plant. An employee was airlifted to Augusta, GA in chemical accident, with severe burns, air accidents sprayed into community, now cannot even meet the basic tests for a start-up and then this most recent accident with the acid spill where members of the community had to self report to local authorities! TDEC's Ms Owenby has the nerve to state that US nitrogen has been self reporting! That is such a farce. And the Greene County Industrial Board(IDB), County Mayor, and chair of the IDB, are standing idly by wringing their hands, while members of the Midway/Mosheim communities are declared to be "collateral damage"! US nitrogen, county officials and TDEC have determined that members of these communities have no value! A plant that clearly TDEC does not have any interest or expertise in the oversight of the permits nor the safety of the plant and or employees. For TDEC to take this position that it is OK for these Austin Powder owners to run at will and with impunity is now bordering on criminal positions, in my opinion. How many people have the information that US nitrogen is operating with a federal permit given by Homeland Security and is an "explosives" plant? Why is TDEC being so cavalier about this plant? For TDEC and the local authorizes to be so absent while US nitrogen puts human lives at risk is truly mean and shameless. No emergency notification in place! Nor any evacuation plan for the three schools that would be affected by such an accident. How cruel can these people get? It is being done with malice and intentional efforts, I feel. What a load of horse hockey being sold as a jobs issue by the guv of TN. Haslam will not go unnoticed in this fiasco.



Posted by Ann Harris to Controversy Surrounds Greene County Project at May 3, 2017 at 9:32 AM

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