Friday, December 28, 2018

US Nitrogen Gets Permit Waiver


By Walter F. Roche Jr.

Tennessee environmental officials have approved a petition filed by US Nitrogen to classify a new emergency backup generator on its Greene County site as an insignificant pollution source thus exempting the equipment from requiring a permit.
In a one-page letter sent this week to Dylan Charles, the Tennessee Department of Environment and Conservation said it agreed with the company that a more thorough review process was not required.
The chemical company had requested the "insignificant source" classification in a letter sent to TDEC earlier this month.
According to Charles letter the generator will be installed in US Nitrogen's security building located in Midway. Charles said in the letter that the generator would release less than five tons of air contaminants per year and that it would run on propane.
"It has been determined that the emergency generator for the security building described in you application would constitute an "insignificant activity" or insignificant emissions unit," James P. Johnston of TDEC wrote in the letter.
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Wednesday, December 19, 2018

USN Magnesium Levels Top Standards


By Walter F. Roche Jr.

The level of magnesium detected in storm water runoff at US Nitrogen's sprawling Greene County site exceeded benchmark levels by a factor of 200 and also nearly doubled the amount reported a year ago, according to data submitted to the Tennessee Department of Environment and Conservation.
In an annual report submitted this week by US Nitrogen, the company reported the benchmark levels of magnesium were exceeded at two monitoring sites on the company's Midway location.
Similar results have been reported in prior years and a company official said in a letter to TDEC that US Nitrogen's industrial activities "do not utilize material with notable levels of magnesium."
Dylan Charles of US Nitrogen wrote that the company continues to believe the above normal readings "are from background concentrations and/or from water flowing across rock."
He stated that excess levels of magnesium have been detected in water samples collected from the Nolichucky River and other surface waters in the area.
At one monitoring site magnesium levels in storm water runoff were 10.7 milligrams per liter and they reached 14.9 milligrams per liter at a second site. The benchmark level is .0636 milligrams per liter, according to US Nitrogen's submission.
Last year the highest level of magnesium was 7.91 milligrams per liter
He said one of the two sites with excess readings is located in an area where no manufacturing takes place. That area receives runoff from a parking lot, the letter states.
He also noted that portions of the storm water runoff on the site "are conveyed through a series of rock lined channels."
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Wednesday, December 12, 2018

US Nitrogen Water Use Jumps


By Walter F. Roche Jr.

The amount of water drawn by US Nitrogen from the Nolichucky River jumped in November with more than a million gallons drawn on six separate days.
The totals for withdrawal from the river and the amount pumped back into the Nolichucky were included in a report filed today with the Tennessee Department of Environment and Conservation.
In a related development TDEC has renewed for two years a permit granted to Yara North America to produce calcium carbonate on the same Midway site with US Nitrogen. The permit was extended to Dec. 3, 2020.
The US Nitrogen report states that a total of 18.6 million gallons were pumped from the river during the month while 6.9 million was pumped back into the river. US Nitrogen uses the river water to produce ammonium nitrate.
In the last report the company reported pumping 11.6 million gallons from the river and discharging 5.7 million back in to the river,
That product is then used by US Nitrogen's parent, Austin Powder, to manufacture explosives.
While more than 1 million gallons were taken on six days, the company pumped minimal amounts on five days.
On nine days the company pumped no water back into the river. The highest discharge daily amounts were slightly above 500,000 gallons and that occurred on four days.
The water is pumped through two 12 mile pipelines from the Midway plant to the Nolichucky. US Nitrogen recently settled suits by landowners who charged that the state permit for the pipeline was illegal and that US Nitrogen improperly placed the pipeline on private property.

Tuesday, December 11, 2018

Greene County Firm Fined


By Walter F. Roche Jr.

A Greene County firm has been fined $4,500 by Tennessee environmental officials for failing to maintain and produce records of emission monitoring required under state permits.
The fine on SumiRico, previously known as DTR LLC, was imposed on Nov. 27 by the Tennessee Department of Environment and Conservation after inspectors went to the facility and asked to see the records that the company is required to maintain for at least five years.
According to the notice from TDEC Director Michelle Owenby, the company permit requires daily, weekly and monthly recording of certain emissions.
The monitoring is required of emission on the company's controlled coating operations. The firm produces parts for auto manufacturer's including anti-vibration products. Its customers include Honda and Toyota, according to the company web site
The inspectors visited the Midway firm on Feb. 27 and March 21 and asked to see three different sets of records, but in each case the firm "was unable to provide these records or confirm that the respondent (SumiRico) had performed these requirements."
The firm has been the subject of prior TDEC actions.

Monday, November 19, 2018

US Nitrogen Settlement Includes Leases


By Walter F. Roche Jr.

The settlement of lawsuits between Eastern Tennessee landowners and US Nitrogen LLC includes leases apparently for the disputed land on which part of a 12-mile pipeline was laid.
Jerry Laughlin, who represented the Industrial Development Board of Greeneville and Greene County that the agency had to sign off on the leases as "a nominal party" to the agreement.
He said the parties had agreed that the exact terms of the settlement would be kept confidential.
The settlement of three pending lawsuits related to the US Nitrogen pipeline was apparently reached late last month.
Laughlin indicated that a formal vote of the IDB would not be necessary.
Landowners, including Don Bible and Jack Renner, had challenged the legality of the permit granted to US Nitrogen by the Tennessee Department of Transportation. They also charged that US Nitrogen trespassed on their property when the pipeline was installed.
Laughlin said in an email response to questions that the IDB was asked to sign the lease as a nominal party. He added that since the agreement contains no obligations for the IDB but they are necessary "in order for US Nitrogen to fulfill its obligations to the IDB to maintain the IDB pipelines."
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Saturday, November 17, 2018

EPA Cites US Nitrogen in Consent Agreement


By Walter F. Roche Jr.

US Nitrogen LLC has signed a $20,377 consent agreement with the U.S. Environmental Protection Agency for violations of federal laws designed to prevent the uncontrolled release of extremely hazardous substances.
The 11-page consent agreement also requires the Greene County chemical firm to spend at least $76,415 to provide radio and other emergency equipment to area fire departments and emergency response agencies including the Mosheim Fire Department and the Greeneville-Greene County Emergency and Rescue Squad.
The consent agreement dated Oct. 22 of this year was based on an inspection on Aug. 16, 2017. The agreement states that the purpose of the federal law being invoked is to prevent the accidental release of extremely hazardous substances."
According to the agreement the inspection showed the amount of ammonia produced at the Midway facility exceeds the applicable limit threshold of 10,000 pounds. The EPA found that the company had 2.4 million pounds of ammonia in on-site storage.
"The accidental release prevention program lacked documentation and did not contain steps to avoid a deviation," the agreement states.
"At the time of the inspection there was no documentation that the recommendations from the May or October process hazard analysis were addressed," the document states, noting there were 110 recommendations for the ammonia plant and seven recommendations for the ammonia storage and loading operation.
In addition US Nitrogen failed to compile written process safety information for the technology of the process which includes an evaluation of the consequences of a deviation."
The inspection found that a relief valve was positioned downward when it was "supposed to be upward and unobstructed to the atmosphere."
The company "failed to document that equipment complies with recognized and generally accepted good engineering practices as required by law."
The agreement sets deadlines for US Nitrogen to take remedial action and states that additional financial penalties will be imposed if the deadlines are not met.
The company has a 45 day deadline to comply with the provision requiring emergency equipment be supplied to area fire departments and rescue agencies.
Former US Nitrogen Plant Manager Andrew Velo signed the agreement for the company.
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Tuesday, November 13, 2018

US Nitrogen River Use Drops Again


By Walter F. Roche Jr.

US Nitrogen, the Midway chemical firm, drew 11.6 million gallons of water from the Nolichucky River in October, according to a report filed today with the Tennessee Department of Environment and Conservation.
The report, required under one of the company's state permits, shows a minimal amount of water was pumped from the river on 11 days during the month.
The company pumped 5.7 million gallons back into the Nolichucky the report shows with the largest amount in any one day a little over 500,000 gallons. On 14 days no water was pumped back into the Nolichucky.
The monthly report is the second in a row to show a significant drop in the river water being utilized. In September 13.84 million gallons were pumped from the river and that was a more than 20 per cent decline from the August total. The amount of water pumped back into the river in September, however, was the same amount as reported for October.
The water is pumped through dual pipelines stretching some 12 miles from the Midway plant to the river.
Court records show three suits challenging the legality of the pipeline were settled for an unspecified sum.
Landowners had charged that the pipelines trespassed on their property, while the company contended the pipeline was contained in the rights-of-way of two state highways.
The Tennessee Department of Transportation, which was a defendant in the suits, granted US Nitrogen a permit to locate the pipeline within the rights-of-way.
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Tuesday, November 6, 2018

USN Pipeline Suits Settled


By Walter F. Roche

Three longstanding lawsuits centered on a pipeline from Midway to the Noliuchucky River have been settled but details are being kept confidential despite the involvement of two public agencies.
Notice of one of the settlements was filed this week in Chancery Court in Nashville. That litigation challenged the legality of a permit issued by the Tennessee Department of Transportation to allow the construction of the pipeline along the rights-of-way of two state highways.
A docket entry in the case dated today states,"Agreed Final Order and Joint Stipulation of Dismissal."
Elizabeth Murphy, the Nashville attorney representing landowners who filed the suit said a settlement had been reached but all details were being kept confidential as part of the settlement agreement.
The agreement also ends litigation in Greene County which had charged US Nitrogen and other parties with trespass when they installed the pipeline. The suit also charges the pipeline trespasses on property owned by Don Bible and Jack Renner.'
In a statement issued in response to questions about the settlement, Bible said the agreement barred him from discussing details.
Bible said in a statement that the three lawsuits "have never been about the money, although a substantial amount was involved in the settlement and now paid by the defendants."
"The lawsuits have been about deception and trespassing on private property at gun point," he said adding that arrangement that led to the litigation occurred when some public officials were led to believe one thing when an entirely different plan was being secretly implemented."
The defendants in the litigation included the Industrial Development Board of Greeneville and Greene County, TDOT and US Nitrogen. IDB officials could not be reached today for comment.
The settlement comes as US Nitrogen has applied to the Tennessee Department of Environment and Conservation for the renewal of one of the permits that allows the company to pump up to a million gallons of water a day from the Nolichucky. The water is drawn through the disputed pipeline.
A return line along the same route returns unused water to the river. The water is used in the manufacture of ammonium nitrate. That chemical is then used by US Nitrogen's parent, Austin Powder, in the production of explosives. Recently US Nitrogen also disl=cclsoed plans to produce yet another chemical on the same site.
Renner and Bible have charged that US Nitrogen installed the pipeline on portions of their property and that any right-of-way was no longer in existence due to gradual widening of the roadways. The installation took place with the assistance of armed guards.
Bible has also charged that the pipeline deal was made possible by an agreement by US Nitrogen to purchase property from J.W. Douthat, the now deceased former member of the IDB. Though he abstained on one pipeline vote, Douthat later voted in favor of a measure allowing the deal to go forward.
US Nitrogen did purchase two properties from a Douthat company for a total of nearly $1 million. It later sold off one of those parcels at a substantial loss. It had paid Douthat Properties $851,251 for the 78.7 acre property and later sold it for $550,000


Monday, November 5, 2018

US Nitrogen Seeks Major Permit Renewal


By Walter F. Roche Jr.

US Nitrogen, the subsidiary of an international explosives manufacturer, has formally filed with Tennessee environmental officials, an application to renew its most controversial permit, the one that allows it to pull millions of gallons of water a week from the Nolichucky River.
The renewal application, including data on water that is pumped back into the Nolichucky, was submitted last week to the Tennessee Department of Environment and Conservation. The current permit expires on Oct. 31 of next year.
The original permit was heatedly opposed by some local residents but had the strong support and cooperation of local officials.
The renewal application was submitted by Dylan Charles, who only recently was appointed as Plant Manager at the Midway facility. The local company is a subsidiary of Austin Powder, the Ohio based explosives manufacturer with global production facilities.
According to the existing permit, TDEC determined that US Nitrogen's use of up to a million gallons a day from the Nolichucky "will not cause degradation above a de minimus level" to the river.
The company, according to the permit, uses water from the river in the production of ammonium nitrate which is a major component of the explosives Austin Powder produces. Some of the river water is processed in an on-site treatment plant and excess water is pumped back in to the river.
Granting of the permit came following a public hearing in which some local residents expressed heated opposition and warned of adverse environmental effects.
It was not clear from the filing whether a public hearing will be held on the renewal request.
One local opponent Brock Wampler, recently filed a complaint with TDEC charging that on Sept. 24 and Sept. 27 excess emissions came from the plant causing odors and smoke on his property.
TDEC, in a response issued Oct. 24, said the agency investigation found no evidence that the company violated its permits.
TDEC manager Ronald Wilhoit wrote that a review of US Nitrogen records and a viewing of surveillance tapes showed no evidence of permit violations.
Wilhoit said that while prevailing winds on Sept. 24 would have been blowing in the direction of Wampler's property, no violations could be detected.
As for Sept. 27 Wilhoit said that although ammonia plant flares were operating for 15.7 hours on that day, there were no visible emissions beyond "small amounts of steam."
TDEC officials have reached similar conclusions on numerous other complaints from area residents.
A suit is still pending in Davidson Chancery Court in which several local residents have challenged the legality of the permit state transportation officials granted facilitating the use of water from the Nolichucky.
According to the 16-page permit renewal application, water being returned to the Nolichucky contains copper, zinc and thalium is "believed to be present" as is chlorobromethane.
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Tuesday, October 23, 2018

US Nitrogen Clarifies "Insignificant" Request


By Walter F. Roche Jr.

Officials of US Nitrogen have told Tennessee regulators that two rail cars that will be utilized in processing millions of gallons of a new chemical on its Green County site should not be considered as stationary sources under state and federal air pollution regulations.
In a letter sent to the Tennessee Department of Environment and Conservation, newly appointed US Nitrogen plant manager Dylan Charles said the rail cars were not a stationary source but should be considered as "rolling stock."
Previously, however, the company had told TDEC that the rail cars would be on site 24-hours-a-day and seven-days-a-week as part of a new process to produce a volatile chemical called RDT-8.
In the prior letter to TDEC the company disclosed that the new production operation would involve the mixing of oil and an emulsifier and would require the use of four tanks with a combined capacity of 128,400 gallons.
According to the original request, the company plans to produce some 43.8 million gallons per year of RDT-8.
Disclosure of US Nitrogen's plans brought protests from some area residents who have called on the state to hold public hearings on what they consider to be an entirely new operation.
In the latest letter the company said that classifying the rail cars as "rolling stock" rather than a stationary source is part of their contention that the new operation should be considered an insignificant source not needing a permit.
The most recent notice, the letter continues, "was not intended to be an application but to notify the state of the intent for constructing stationary sources and request a concurrence that the activity is considered insignificant."
Charles wrote in the letter to Doug Wright of TDEC's air pollution control that inclusion of information on rail car emissions was meant only to provide the "most information" to the agency but should not be considered as an application.
In another development TDEC informed US Nitrogen that its application to have limits on greenhouse gas limitations is now considered complete. The company is asking that the limits be eliminated in light of a U.S. Supreme Court ruling and a subsequent new policy statement issued by the U.S. Environmental Protection Agency.
TDEC had previously advised the company its application was considered incomplete, but now the agency says sufficient information has been submitted and the application will be processed.
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Thursday, October 18, 2018

US Nitrogen Names Another Manager


By Walter F. Roche Jr.

For the fourth time since locating in eastern Tennessee in 2012, a major chemical company has named a a new manager at its $200 million facility in Midway.
In a letter to officials of the Tennessee Department of Environment and Conservation the ammonium nitrate manufacturer disclosed that Dylan Charles has been named plant manager and the "responsible person" under a series of state permits.
According to the letter dated Oct. 16, Andrew Velo, the former plant manager, now has the title of director of manufacturing. Velo replaced Justin Freeark, who left in late 2015.
Freeark became the "responsible person" after Shawn Rana left the company. Rana held a different title than Freeark, vice president.
US Nitrogen also this week responded to questions raised by TDEC over a proposal by the company to amend one of its permits to enable the company to disable a burner now used in the manufacturing process.
TDEC had asked for further information on whether the burner already had been disabled and, if not, when it was planned and how it would be accomplished.
In his written response for US Nitrogen Charles said they planned to remove part of the piping that delivers natural gas to the burner and then cap the remaining pipe.
The company said the capping had not yet taken place and would be delayed until the state acted on a modification to a pending construction permit.
In a related development, Yara International, which is constructing a facility on the same site as US Nitrogen, submitted a $50 application fee requested by TDEC before the agency will act on a request to eliminate a limit on greenhouse gases in its current permit .
The company has cited a U.S. Supreme Court ruling and a related new U.S. Environmental Agency policy directive to justify the change.
Yara, US Nitrogen and a third company, Praxair LLC originally operated under one permit as a so-called "single source," but they are now seeking to operate as separate sources due to the changes in EPA policy.
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Monday, October 15, 2018

Another US Nitrogen Application Incomplete


By Walter F. Roche Jr.

For the second time in two weeks state environmental regulators have turned back a request for a permit change by US Nitrogen because the information provided was deemed incomplete.
In a letter sent today to US Nitrogen, a section manager at the Tennessee Department of Environment and Conservation, wrote that the application cannot be processed without more detail on how the the company plans or already has disabled auxillary burners in the ammonium nitrate production process.
"Please specify the method of disabling the burner and the dates the burners were disabled," Douglas Wright of TDEC wrote.
He added that if the burners have not yet been disabled, the company should specify the date they will be.
Today's letter follows an Oct. 4 letter to Velo on the company application to begin a new production procedure requiring the use of large tanks for storage and mixing of components.
In that letter TDEC Deputy Director James P. Johnston told US Nitrogen that nine additional forms would have to be submitted for the application to be considered.
The missing items include eight forms providing additional data on the four tanks the Midway firm wants to locate on its property.
The application seeks approval for the company to produce 43.8 million gallons per year of RDT-8, a flammable substance used in the production of explosives. The four tanks would have a combined capacity of 128,400 gallons.
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Wednesday, October 10, 2018

US Nitrogen Draws 13+ Million Gallons


By Walter F. Roche Jr.

US Nitrogen, the Greene County chemical firm drew 13.84 million gallons of water from the Nolichucky River in August, down substantially from the prior month.
In a report filed today with the Tennessee Department of Environment and Conservation, the company reported that on six days during the month it drew a little more than 1 million gallons from the river for use in its manufacturing operations.
The September total was down by more than 20 percent or nearly five million gallons from the amount the company pumped from the river in August.
The monthly report shows that during the same period, the ammonium nitrate manufacturer discharged 5.83 million gallons back in to the river. That figure is slightly higher than the 5.7 million discharged into the river in August.
According to the new report there were no discharges into the Nolichucky on 17 days during September.
There were two periods during the month from Sept. 1 to Sept. 4 and from Sept. 27 to Sept. 30 when no water was discharged for four days in a row.
US Nitrogen is required to file the reports on river water usage every month under the terms of its permit. The latest report, unlike previous submissions, does not provide monthly totals for each category.
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Friday, October 5, 2018

US Nitrogen Application " Incomplete"


By Walter F. Roche Jr.

Tennessee environmental officials have concluded that the application recently submitted by US Nitrogen to begin a new operation in Greene County is incomplete and several additional documents must be filled out and submitted before it can be considered.
In a letter sent Thursday to US Nitrogen manager Andrew Velo, an official of the Tennessee Department of Environment and Conservation, wrote that the Sept. 11 application would be put on hold until additional data is submitted.
James P. Johnston, a TDEC deputy director, advised US Nitrogen that nine additional forms must be submitted for the application to be considered.
The missing items include eight forms providing additional data on the four tanks the Midway firm wants to locate on its property.
The application submitted by Velo seeks approval for the company to produce 43.8 million gallons per year of RDT-8, a flammable substance used in the production of explosives. The four tanks would have a combined capacity of 128,400 gallons.
Velo wrote in his letter that the new operation also would require the constant presence at the site of two rail cars which will be used for storage and oil from tankers will be transferred to a mixing tank where oil and an emulsifier will be combined. The end product will be an ammonium nitrate emulsion.
Disclosure of US Nitrogen's plans has prompted several area residents to protest the proposal. In emails to TDEC the area residents have asked for a thorough review of the proposal at both the state and county level.
In the letter to Velo, Johnston wrote, "If you fail to submit a complete application within the 180 day time period, all construction permits shall be denied and any fees forfeited."
He told Velo that if any additional deficiencies are found, the company will have the 180 day period to submit corrections or additional data.
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Tuesday, October 2, 2018

Residents Challenge New US Nitrogen Operation


By Walter F. Roche Jr.

Several Greene County residents are calling on Tennessee officials to hold a public hearing and fully investigate a new operation at US Nitrogen, the Midway firm which is a subsidiary of a major explosives manufacturer.
The calls for an investigation and a public hearing were registered recently with the Tennessee Department of Environment and Conservation, the agency being asked to approve US Nitrogen's recent application to begin producing RDR-8, a hazardous and flammable substance used in the manufacture of explosives.
Charging that the new production "constitutes a new use that has not been previously reviewed or approved," Robert Drake wrote that the new operation "only increases the quantities of hazardous materials produced and stored at US Nitrogen."
Bonnie Hilliard wrote in an email that a public hearing was needed before the company begins producing hazardous and flammable materials used in explosives.
"We are watching and aware," she concluded.
In a recent filing with TDEC US Nitrogen said it planned to produce some 43.4 million gallons of RDT-8 a year. The new operation will include four storage tanks with a combined capacity of 128,400 gallons.
The company told the state the operation will require the presence 365 days a year of two rail cars. The rail cars will be used for storage and the oil from tankers will be transferred to a mix tank where the oil and an emulsifier will be combined to produce a bulk ammonium nitrate emulsion.
Veronica Cox, another local resident, wasted no words in her email to TDEC.
"Stop this madness. Here's a news flash," she wrote,"Our lives mean more than a manufacturing plant. We need a detailed technical review."
Susan Craig, who also wrote to express her "vehement opposition" to the project wrote, "I have children and grandchildren who live within a five mile radius."
She said that she received a brief reply to her letter from a TDEC official who told her he would pass along her comments to TDEC's air pollution control branch.
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Thursday, September 27, 2018

US Nitrogen's Recovery Limited


By Walter F. Roche Jr.

A federal judge has ruled that US Nitrogen can collect no more than $2.2 million and not the more than $30 million claimed from an engineering firm that the Greene County firm hired to design its ammonium nitrate facility.
In a 19-page ruling issued this week, U.S. District Judge Michael L. Brown granted Weatherly Inc.'s motion for partial summary judgment.
In the suit filed in U.S. District Court in Atlanta US Nitrogen claimed that Weatherly's faulty design for the Midway facility forced it to remove and rebuild the concrete foundation holding compressors used in the manufacturing process.
Weatherly responded by citing provisions in the contract between the two firms that set a 15 percent cap on any damages US Nitrogen could recover.
In the ruling Brown noted that US Nitrogen contended that the concrete foundations cracked and could not withstand the dynamic motion of the compressors. In addition the chemical firm charged that certain piping systems designed by Weatherly were "incomplete and erroneous."
Weatherly, however, countered by citing the clause in their contract capping any damages at 15 percent of the original contract or $2.2 million.
Brown ruled that the cap was valid and binding despite US Nitrogen's claim that it was invalid under Georgia law. He concluded that the case cited by US Nitrogen's lawyers did not apply. In that case a third party was involved, but there was no third party involved in the dispute between US Nitrogen and the engineering firm.
"Two sophisticated parties drafted this provision," Brown wrote referring to the damage cap. Nor did it violate public policy, he added.
"The agreement between Weatherly and USN represents a reasonable allocation of risk between these two sophisticated businesses" Brown wrote, adding that the cap was enforceable. "There is no other plausible interpretation of the contract."
Brown also rejected US Nitrogen's claim that the cap should be $3.3 million based on the $20 million ultimately paid to Weatherly. But Brown said the cap provision was based on the original contract price of $14.69 million.
"Both parties scrutinized the language and ultimately approved it," the ruling states. "Weatherly is correct on all accounts," the ruling concludes.
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Tuesday, September 25, 2018

US Nitrogen Claim Disputed by "Partner"


By Walter F. Roche Jr.

A dispute has arisen between US Nitrogen LLC and its partner, Praxair, Inc., over which company is responsible for a violation of a permit issued by the Tennessee Department of Environment and Conservation.
In a letter to TDEC sent last week Praxair's environmental manager Scott Poole charged that it was US Nitrogen and not Praxair that was responsible for the violation cited by TDEC in an Aug. 24 notice.
In a one-page letter to Michelle Owenby, a TDEC director, Poole wrote that "There should be no question that US Nitrogen remains responsibility for any alleged non-compliance with that permit."
The Praxair letter follows a claim by US Nitrogen to TDEC that Praxair was responsible for any violation.
Citing the history of the permit Poole said that despite discussions about a transfer of a construction permit between the two firms a formal transfer has yet to occur.
"US Nitrogen's suggestion that liability for their actions transfers with the permit is without any basis in law or regulation," Poole wrote, adding that "On this basis, US Nitrogen is the appropriate recipient of the Aug. 24 letter from TDEC, not Praxair."
Praxair, which produces liquid carbon dioxide largely for the beverage industry, is located on the same Greene County parcel as US Nitrogen. It receives the chemical from US Nitrogen.
The violation notice was issued following an on-site visit to the Midway facility in July. According to the notice the permit limit on the production of carbon dioxide and greenhouse gases.
Amanda Davis, a TDEC director, wrote that the records showed the company failed to comply with a permit provision limiting the production of carbon dioxide to 90,789 tons per year. In addition the records showed the company exceeded the permit limit for the production of greenhouse gases, the letter Aug. 24 letter stated.
The violation notice also charges that US Nitrogen failed to comply with another permit requirement for monthly data reports on the liquefaction operation.
US Nitrogen manager Andrew Velo subsequently wrote to TDEC that it was Praxair and not US Nitrogen that was responsible for any violations.
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Tuesday, September 18, 2018

US Nitrogen Plans New Chemical Operation


By Walter F. Roche Jr.

US Nitrogen, a subsidiary of a major explosives manufacturer, is planning to operate a major new production facility on its Greene County, Tenn facility that will require four new storage tanks with a combined capacity of 128,400 gallons.
The plans to produce some 43.4 million gallons per year of a combustible fluid (RDT-8) were disclosed in a Sept. 11 filing with the Tennessee Department of Environment and Conservation. In addition to the four new tanks the operation will require the presence 365 days per year of two rail cars.
According to the letter from Andrew Velo of US Nitrogen the rail cars will be used for storage and the oil from the tankers will be transferred to a mix tank where the oil and an emulsifier will be combined to produce a bulk ammonium nitrate emulsion.
Velo's letter asks that TDEC consider the four tanks as insignificant emission sources under state air pollution control regulations. The disclosure and request were included in a three-page letter to Michelle W. Owenby, director of TDEC's division of air pollution control.
Attached to the letter were several appendices including a safety data sheet on the finished product, which is used in the production of explosives.
The data sheet describes RDT-8 as a combustible liquid that may be fatal if swallowed and presents a danger to eyes and lungs.
According to the data sheet the liquid should not be exposed to heat, open flames and other sources of ignition.
According to Velo's letter one of the four tanks will hold 13,500 gallons and will be used to store an emulsifier, which will be offloaded from tankers. A second 34,500 gallon tank will serve as a mix tank to blend the oil and the emulsifier.
The RDT-8 will then be transferred to a third tank with a 65,800 gallon capacity. Finally the RDT-8 will be transferred to a 14,600 gallon tank, which will be processed to produce a bulk ammonium nitrate emulsion.
The company stated that some 8.7 million pounds of emulsifier will be used annually while some 34.7 million gallons of the oil mix will be utilized. The amount of the final product produced will be 43.4 million gallons, according to US Nitrogen.
Citing the low vapor pressure of the ingredients, the letter contends that the final product will also have a low vapor pressure.
"Depending on market availability, products other than the oil mixture and emulsifier may be used to produce RDT-8," the letter states.
"Based on these emission calculations, US Nitrogen requests that the division designate the new tanks each as an insignificant emission unit," Velo concluded.
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Saturday, September 15, 2018

US Nitrogen: Violation Notice Misdirected


By Walter F. Roche Jr.

A Greene County chemical firm is charging that Tennessee environmental officials erred when they sent the company a violation notice last month and the notice should have gone to another company operating on the same Midway site.
In a letter to Michelle Owenby of the Tennessee Department of Environment and conservation, Andrew Velo of US Nitrogen LLC said the permit in question had been transferred in June to Praxair, Inc.
Amanda Davis, a TDEC official had stated in an Aug. 24 letter to Velo that the permit had been violated because US Nitrogen failed to report the amount of liquefied carbon dioxide it had transferred to Praxair, a company on the same site as US Nitrogen.
Stating that US Nitrogen believed the violation notice was "directed to the wrong party," Velo wrote that US Nitrogen had transferred the permit in question to Praxair effective June. 11.
Attached to his letter was a June 29 letter to TDEC informing it of the permit transfer. He also enclosed a copy of a letter from Praxair to TDEC on July 17 acknowledging the transfer.
"Therefore," Velo concluded, "Praxair is the appropriate recipient of the Aug. 24 violation letter."
Velo had already sent a letter to TDEC on Sept. 10 stating that the information regarding the amount of carbon dioxide piped to Praxair was already available to TDEC.
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Wednesday, September 12, 2018

US Nitrogen Water Use Drops


By Walter F. Roche Jr.

The volume of water being pumped from the Nolichucky River dropped dramatically in July, according to a report filed by US Nitrogen with the Tennessee Department of Environment and Conservation.
The one-page report filed today shows the chemical company drew a little under 8.8 million gallons from the river in July for use in manufacturing ammonium nitrate. That compares to some 18 million pumped from the river in June.
The Midway company also reported discharging 5.6 million gallons back into the river during July. In June the company discharged 7.6 million gallons in the river.
The pumping is done through two 12 mile long pipelines from Midway to the Noliuchucky River. US Nitrogen obtained a disputed permit from the state to install the pipeline along two state highways. The legality of that permit is being challenged in ongoing litigation in Davidson Chancery Court in Nashville.
According to the monthly report very little water was drawn from the river from July 1 to July 5 but between July 13 and July 16 nearly a million gallons per day was pumped from the river.
On 19 days in July the company did not discharge any water back into the river but on 12 other days more than 500,000 gallons were discharged.
US Nitrogen is required under the terms of its permit to file monthly reports on the water drawn from and discharged to the Nolichucky.
Contact: wfrochejr999@gmail.com

Friday, September 7, 2018

US Nitrogen Seeks Eased Permit


By Walter F. Roche Jr.

US Nitrogen is asking Tennessee regulators to eliminate a provision in one of its permits setting a limit on the emission of so-called greenhouse gases.
In a two-page letter to the Tennessee Department of Environment and Conservation, Andrew Velo cited a U.S. Supreme Court ruling and a subsequent advisory from the U.S. Environmental Protection Agency as justification for the request.
In the letter to Michelle Owenby, a TDEC manager, Velo wrote that while the greenhouse gas limits were included in the original permit and remained even after another amendment was approved by TDEC, the court ruling along with EPA guidance changed the requirements.
The prior amendment to the conditional major operating permit was approved in July of last year.
"At that time, however," Velo continued, "the GHG (Greenhouse Gas) emission limits included in the original PSD (Prevention of Significant Deterioration)construction permits remained in the minor source construction permits."
He concluded by requesting that the "greenhouse gas emission limits not be included in the conditional major operating permit."
The request from the Greene County chemical comes as TDEC is considering what if any penalty to impose due to violations of other permit conditions.
Contact: wfrochejr999@gmail.com

Saturday, August 25, 2018

US Nitrogen Takes 8.7 Million River Gallons


By Walter F. Roche Jr.

US Nitrogen LLC pumped some 8.7 million gallons of water from the Nolichucky River last month, according to a report the Greene County chemical firm filed with Tennessee environmental officials this week.
According to the report the company drew water from the river every day of the month and on five days it drew just under 1 million gallons.
The monthly reports are required under the terms of a permit from the Tennessee Department of Environment and Conservation. The company draws water from the river through a 12 mile long pipeline that stretches from the Midway manufacturing plant to the river.
While water was withdrawn in all 31 days in July, the report shows there were 21 days in which the company did not pump water back into the river. The largest amount was just under 600,000 gallons on July 18.
The July figures show a sharp drop from the amounts reported for June. In that month the ammonium nitrate manufacturer drew 18 million gallons from the Nolichucky and discharged 7.67 million gallons back into the river.
Contact: wfrochejr999@gmail.com

Thursday, August 23, 2018

US Nitrogen Cited for Multiple Violations


By Walter F. Roche Jr.

Following a July on-site inspection, Tennessee environmental officials have cited US Nitrogen LLC, a Greene County chemical firm, for multiple violations of its permits.
The notice of violation was issued by Amanda Davis, the director the Division of Air Pollution in the Tennessee Department of Environment and Conservation.
In a three-page letter to Andrew Velo, US Nitrogen's plant manager, Davis detailed the violations
detected during a two day compliance inspection visit to the Midway plant in early July.
The notice is the second to be issued to US Nitrogen by TDEC in the past two months.
TDEC charged in late June that US Nitrogen erected an ammonia storage and loading operation capable of emitting 23.3 million tons of ammonia per year without first obtaining a required permit.
In the new notice, Davis said the violations related to a carbon dioxide liquefaction facility.
Although the facility is being utilized by Praxair, the permit was issued to US Nitrogen.
"At the time of the inspection, the permit was issued to US Nitrogen LLC and you were, therefore, responsible for complying with its terms and conditions," Davis wrote in the letter.
Davis reported that the records showed the company failed to comply with a permit provision limiting the production of carbon dioxide to 90,789 tons per year. In addition the records showed the company exceeded the permit limit for the production of greenhouse gases, the letter stated.
A third violation, Davis wrote that the company failed to file monthly data reports within the 30 day time limit.
She stated that a report that was due on March 22 wasn't filed until 20 days later.
The violation notice states that the company can submit information challenging the notice within 20 days of the notice.
US Nitrogen did make such a submission for the violation notice issued in late June, but TDEC ruled that the violation notice will stand. The agency has not yet indicated whether a fine or other penalty will be imposed for that violation.
Contact: wfrochejr999@gmail.com








Thursday, August 16, 2018

Judge Grants Motion in US Nitrogen Suit


By Walter F. Roche Jr.

A Chancery Court judge has approved a motion to compel US Nitrogen to disclose details of how they determined the right of way being used by the chemical firm for the installation of a 12-mile pipeline from Midway to the Nolichucky River.
In a four-page order issued Wednesday Davidson Chancery Judge Ellen Hobbs Lyle granted the motion to compel sought by six landowners challenging the legality of the pipeline.
The landowners sought the motion after the chemical firm refused to answer a series of questions relating to how the right-of-way was determined.
The six landowners contend that there was no right-of-way and that the pipeline actually impinges on the property of two of the plaintiffs, Don Bible and Jack Renner.
The plaintiffs had submitted 16 questions to US Nitrogen but the company never answered them.
The controversial pipeline was installed after the Tennessee Department of Transportation granted the company a permit to utilize the right of way.
The other defendants in the case, TDOT and the Industrial Development Board of Greeneville and Greene County, have stated they don't have the information needed to answer the questions.
US Nitrogen had argued that the information sought by the landowners was irrelevant.
The pipeline is used to pump millions of gallons of water from the river for use in the manufacturing of ammonium nitrate. Some of the water is pumped back into the river.
Initially the landowners suit was dismissed, but an appeals court later re-instated the case.
Contact: wfrochejr999@gmail.com







Wednesday, August 15, 2018

TDEC Lets USN Violation Notice Stand


By Walter F. Roche Jr.

Despite a plea from a company official, Tennessee environmental officials have decided that a violation notice against US Nitrogen will stand but they have yet to determine if any fine will be imposed.
In a letter sent this week to US Nitrogen, Kevin McLain of the Tennessee Department of Environment and Conservation said the agency will not reverse a violation notice sent to the Midway company on June 29.
That notice stated that the ammonium nitrate manufacturer had never applied for a permit to store ammonia, despite the fact that a permit was required.
Andrew Velo, US Nitrogen's plant manager, had responded that the company had always been open about its intentions and never hid the fact that storage was needed. He also asked for a waiver from any fines.
"Upon review of your submitted information, the division has determined that the violation did warrant a notice of violation," McLain wrote, adding that the agency had yet to decide what, if any civil penalty will be imposed."
TDEC charged in late June that US Nitrogen erected an ammonia storage and loading operation capable of emitting 23.3 million tons of ammonia per year without first obtaining a required permit.
Just last week TDEC announced it would waive any penalty on a separate permit issue involving excess emissions from the nitric acid plant.
In yet another development this week Velo has submitted a revised annual compliance inspection report for 2017 in which he stated that the company's prior report overstated the actual volume of nitric acid produced.
According to the revised report the company produced 32,318 tons of nitric acid instead of the 33,292 tons originally reported.
The report states that the company was in compliance with all the requirements of the permit.
US Nitrogen also filed a monthly report this week on the volumes of water drawn and discharged from the Nolichucky River.
According to the report the company withdrew water from the river on each day of the month of July, but the total drawn totaled only 8.78 million gallons.
On five days during the month just under one million gallons were withdrawn for use in the company's manufacturing operations.
USN discharged 5.62 million gallons back into the river during the same 31 day period.
Contact: wfrochejr999@gmail.com

Tuesday, August 14, 2018

Greeneville Home Cited in Elopement



By Walter F. Roche Jr.

A Greeneville, Tenn. nursing home has been hit with an admissions freeze and $6,000 in fines after a patient with a history of wandering walked out of the facility and fell down a 15 foot embankment suffering cuts and abrasions.
The patient's elopement occurred despite the fact that an alarm sounded as he walked out the door of the Loughlin Care Center on July 3.
State surveyors reported that a receptionist heard the alarm, peeked out the door but did nothing else.
"I peeked through the window and didn't see anything so I reset the alarm," the receptionist told state inspectors. "No one told me to go outside and look around," she added.
A landscape worker subsequently went into the home and reported that a patient had fallen and was injured.
The state report on the incident concludes that the 90-bed facility placed the patient "in an environment detrimental to health, safety and welfare."
Meaghan K. Smith, a spokeswoman for Ballad Health, which owns the facility, said the incident was self reported to state triggering an automatic investigation
She said the facility had filed a corrective action plan that was accepted by federal officials but she acknowledged that the plan had yet to win state approval.
State Health Commissioner Dr. John Dreyzehner ordered a freeze on any new admissions to the home, imposed the $6,000 in fines and appointed a special monitor to oversee actions at the facility.
Nursing home records show the patient was wearing an alarm device known as a "Wanderguard" which triggered the alarm when he followed a landscape worker out the front door.
The state surveyors also noted that five other patients at the facility with a wandering history had improperly installed Wanderguards. The alarms were attached to their wheelchairs not to their legs.
As for the patient who was injured, surveyors noted that he actually fell three times during the incident.
The unnamed patient was treated for cuts and bruises at a local emergency room, the report states.
The facility failed to ensure that a resident was free from an avoidable accident with injuries, the report concludes.
The Ballad spokeswoman said,"The nursing home has taken steps to update security procedures that we believe will improve the safety of residents and mitigate the opportunity for any similar event to occur in the future."
Contact: wfrochejr999@gmail.com

Monday, August 6, 2018

No TDEC Action on US Nitrogen


By Walter F. Roche Jr.

Tennessee environmental officials have informed a Greene County chemical firm that it will take no action despite excess emissions from the nitric acid plant at the Midway facility earlier this year.
In a letter sent late last week by Bryan Parker of the Tennessee Department of Environment and Conservation to US Nitrogen's plant manager, Andrew Velo, the state agency said the excess emission of nitrogen oxide on Feb. 23 was of short duration and "the malfunction was resolved in a timely manner."
"Therefore," Parker wrote in the two-page letter, "no further action will be taken."
He added that TDEC considers that US Nitrogen has fulfilled reporting requirements" of its permit.
The letter was in apparent response to a quarterly report filed by US Nitrogen recently.
The Midway manufacturer of ammonium nitrate was also recently notified that it failed to seek a permit for the construction of an ammonia storage facility.
US Nitrogen has asked that any financial penalties resulting from the violation be waived. TDEC has yet to respond to that request.
CONTACT:wfrochejr999@gmail.com

Wednesday, August 1, 2018

US Nitrogen Treatment Plant Detailed


By Walter F. Roche Jr.

US Nitrogen, the Greene County chemical company, says it projects a water treatment plant on its Midway site will generate as much as 44 dry tons of sludge per year and it would prefer to dispose of that waste on nearby agricultural land.
The new details on the water treatment facility were included in a plan filed this week with the Tennessee Department of Environment and Conservation. State officials had set a July 31 deadline for a revised plan in a notice of violation issued in February.
The US Nitrogen filing contains previously undisclosed information on the treatment plant including five holding or storage ponds located across the railroad tracks from the chemical manufacturing facility. According to the filing the treatment plant is actually owned by the Industrial Development Board of Greeneville and Greene County, but operated by US Nitrogen under an agreement between the two parties.
The treatment plant is used to remove impurities from the millions of gallons of water the company pumps free of charge from the Nolichucky River. The purified non-potable water is then used as boiler feed water in the manufacturing process for ammonium nitrate and for cooling towers required in the manufacturing process, the filing states.
The cooling tower water, the company reported,is "recirculated through the evaporative cooling towers and treated with various chemicals."
The 15,000 square foot treatment plant is located on West Seven Springs Lane approximately two miles from the intersection of U.S. Highway 11E and I-81. The plant "conveys and discharges to the river the effluent generated by the IDB WTP (treatment plant)and process related uses of water at US Nitrogen."
The company plan, submitted by US Nitrogen plant manager Andrew Velo, states, "The IDB WTP (treatment plant) process uses multiple processes and chemical additives to produce non-potable water from water withdrawn from the river."
Those processes also produce the sludge which is then pumped into two settling ponds, each capable of holding 315,000 gallons. On site there are also two effluent storage ponds with a capacity of 1.5 gallons apiece and a raw water pond, with a 7.5 million gallon capacity, the company reported.
"As needed," the plan states,"US Nitrogen will remove the sludge from the settling ponds. Based on initial dredging, the filing continues, "the quantity of sludge removed per each event is 61 wet tons or 11 dry tons."
The company told TDEC it expected each of the settling ponds to be dredged once per year, each producing 4,000 cubic feet or 11 dry tons.
"This process will help to identify any additional pre-treatment standards that must be met for the disposal of beneficial use of the sludge.
The plan offers two sludge disposal options. One would be "beneficial" placement on nearby agricultural properties while the other would be disposal in a landfill.
"To the extent practical, US Nitrogen will seek to beneficially use sludge rather than dispose of it as waste," the plan states.
In fact the company already has submitted a permit application for the "beneficial use" disposal method to TDEC' Division of Solid Waste Management.
The plan calls for samples of the sludge to be tested and "sampling activities will be conducted to ensure that sample data are representative."
"In the event beneficial use is not available, US Nitrogen will dispose of de-watered sludge at a permitted solid waste landfill in accordance with applicable regulations," the plan states, adding that the sludge would be stored temporarily on plastic sheeting.

Friday, July 27, 2018

US Nitrogen Under State Review


By Walter F. Roche Jr.

Tennessee environmental officials have disclosed that a Greene County chemical firm is undergoing a review of its compliance with a series of state permits.
The ongoing review of US Nitrogen, which included a two day on-site visit, was disclosed in a letter sent Thursday to a Mosheim resident who had filed a complaint about a foul odor with the state five months ago.
Ron Wilhoit, an inspector with the Tennessee Department of Environment and Conservation, wrote to Sonja Craig of Mosheim earlier this week in response to a complaint she had registered on Feb. 28.
"A compliance inspection was conducted at US Nitrogen on July 2-3, 2018. Results are still pending," Without wrote in the letter which was posted on the TDEC website.
Contacted at her home Craig said she had yet to receive Wilhoit's letter, but she had just received a letter from another TDEC official responding to the same February complaint.
The letter from, Michelle Owenby, TDEC's director of air pollution control, said the complaint had been investigated and the results were still being compiled. Owenby's letter indicated that investigation focused on another company, Scepter, Inc., of Waverly, but that no violations were apparent
Craig, who said she has experienced chemical vapors from both companies, said the vapors evident on Feb. 28 were similar to those emitted in the past by Scepter, a company that recycles aluminum.
Whatever the source, Craig said the odors were overwhelming.
"I about passed out," she said. "I thought I was going to die."
She said the February incident was consistent with the cooking of aluminum, a process performed at Scepter.
She said an entirely different odor was present when a cloud of nitric acid vapor was released from US Nitrogen.
Craig, who has lived in the area for 38 years, said the once pristine area, has now become overcome by industrial development.
She said that when she first learned that US Nitrogen was planning to locate in Mosheim, "I knew we were in trouble."
"I'm amazed at how it's changed," she said,"and there isn't a thing we can do."
Contact:wfrochejr999@gmail.com

Wednesday, July 25, 2018

Overall Calls For Maximum USN Fine


By Walter F. Roche Jr.

Citing what she called a history of violations, a local activist is calling on Tennessee environmental officials to reject pleas for mercy from US Nitrogen and impose the maximum penalties against the Greene County chemical company.
In a three-page letter sent Tuesday, Park Overall charged that the ammonium nitrate manufacturer has repeatedly flaunted its legal responsibilities including the latest disclosure about the company's failure to get a permit to store and load ammonia.
The letter was in response to a plea by US Nitrogen for the state to waive any penalties in the wake of the June 28 violation notice issued by the Tennessee Department of Environment and Conservation.
Andrew Velo of US Nitrogen responded to the violation notice by contending that the company had always attempted to be open and transparent in its dealings with the state and requested that TDEC"exercise its discretion and not assess civil penalties in this instance."
Overall, a vocal opponent of the US Nitrogen project, said the agency "should continue its investigation and pursue appropriate enforcement and penalties...US Nitrogen cannot be allowed to continually flaunt its legal responsibilities for environmental control."
Overall said emissions of ammonia "are a serious concern and potential hazard for those living in and around the facility."
She disputed the company's claim that ammonia storage and handling operations were known to TDEC noting that the flare being used to vent the storage area had a different use in a 2013 application.
"It is absurd for US Nitrogen to claim it has been forthcoming with TDEC when key facts about ammonia emissions from plant operations were omitted from the required permit applications filed with the agency," she added.
Overall said the company's actions did not meet the requirements to qualify for a waiver of financial penalties.
"Simply put, US Nitrogen is a repeat offender and does not deserve any leniency," she wrote.
TDEC in its June 28 notice of violation did not indicate whether a fine would be imposed.
Overall said that once US Nitrogen does submit the proper permit application it should be subject to a complete review including public hearings.
She concluded by calling on the agency "to initiate strong and aggressive enforcement to ensure that US Nitrogen gets the message that continued violations will not be tolerated."
Contact: wfrochejr999@gmail.com













Monday, July 23, 2018

US Nitrogen Request On Hold


By Walter F. Roche Jr.

US Nitrogen's recent request for a modification in one of its permits has been put on hold because the company failed to include a required $50 fee.
In a letter sent out today a deputy director for the Tennessee Department of Environment and Conservation told the Greene County chemical firm that the July request was considered incomplete "because the the required application filing/processing fee was not included.
In the interim, the letter from Deputy Director James P. Johnson, states that the company cannot proceed with any changes.
The ammonium nitrate manufacturer had submitted a request on July 18 for modifications of the conditions of the permit for cooling towers used in the manufacturing process at the Midway plant.
Contact:wfrochejr999@gmail.com

Thursday, July 19, 2018

US Nitrogen Wants Any Fines Waived


By Walter F. Roche Jr.

Contending it has always been transparent in its dealings with regulators, US Nitrogen is asking Tennessee officials to waive any fines based on its failure to seek a separate permit for the construction and operation of an ammonia storage facility.
In a Friday letter responding to a violation notice dated June 28. Andrew Velo, the manufacturing director for the Midway, Tenn. chemical firm asked officials of the Tennessee Department of Environment and Conservation to "exercise its discretion and not assess civil penalties in this instance."
The June 28 violation notice issued by TDEC did not specify whether or not a fine would be imposed or suggest any amount should a fine be levied.
In his letter Velo suggested that it was a decision by the division itself that led to the confusion about the use of a flare to burn off any excess ammonia vapors.
The three-page letter was in response to the charge that the ammonium nitrate manufacturer had constructed an ammonia storage facility without first seeking a permit and providing data on any projected environmental impact.
"US Nitrogen has always worked closely with the Division, meeting with Division personnel numerous times before ever submitting it first permit application in 2011," Velo wrote in the letter to TDEC deputy director James P. Johnson.
Stating that there was "no intent to construct without a permit," Velo wrote that his company had "consistently worked in good faith with the division as a partner, sharing information and being absolutely transparent."
Velo added that his company, the subsidiary of explosives manufacturer Austin Powder, had been "transparent that ammonia storage and loading is an integral part of our process."
As to questions about the use of flares to burn off emissions, Velo said it was the state agency that "decided it best to permit the flare alone in its own permit."
"Had the decision been made to permit the flare as a control device early on, the flare likely would have received more attention and it would have been clear that emissions from ammonia storage were vented to the flare," Velo stated.
In addition Velo wrote that the company had been clear "over the years" that the flare might have some ammonia emissions.
The company manager also argued that a permit amendment submitted late last year "could be treated by the division as a disclosure under the department's self disclosure policy."
"Therefore," Velo concluded, "we should not be penalized for voluntarily clarifying the source of gas vented to the OSBL flare, especially since the emissions from this flare did not materially change."
In another related action, US Nitrogen this week applied for yet another amendment to one of its TDEC permits. Citing "accelerated corrosion" in its cooling tower operations, the company said it "needs to alter the composition of the cooling water make-up."
The amendment seeks permission to increase the conductivity of the cooling tower operations which will increase the emissions, according to the data submitted to TDEC.
Contact: wfrochejr999@gmail.com

Wednesday, July 18, 2018

Rana Released From Iowa Jail


By Walter F. Roche Jr.

A one time executive of US Nitrogen has been released from an Iowa jail after being found in contempt for failing to comply with the provisions of a divorce decree.
Shawn Rona was released from the Des Moines County Correctional Center last week after serving out a 30-day sentence imposed by the judge presiding over his divorce case. District Judge Michael Schilling had imposed a 90 day sentence after finding Rana guilty of multiple counts of contempt. He suspended all but 30 days of the sentence.
Rana and his now ex-wife Leanna owned property in eastern Tennessee during the time he worked at US Nitrogen. Shawn Rana was also an executive of Austin Powder, US Nitrogen's parent.
After leaving US Nitrogen Rana became an executive of an Iowa company.
While at US Nitrogen he played a major role in the early days of the company before the $220 million Midway facility.
He was found in contempt for failure to pay thousands of dollars in child support and alimony.
Contact: wfrochejr999@gmail.com


Thursday, July 12, 2018

US Nitrogen Issues River Report


By Walter F. Roche Jr.

A Greene County Tennessee chemical firm has disclosed that it pumped a little over 18 million gallons of water from the Nolichucky River in June, slightly less than the prior month.
The report filed with the Tennessee Department of Environment and Conservation also showed US Nitrogen, the ammonium nitrate manufacturer, discharged 7.67 million gallons back into the river. Both totals are just slightly less than the company reported the month before.
The May totals were 19.44 million gallons were withdrawn while 7.7 million was discharged.
The company, a subsidiary of explosives manufacturer Austin Powder, gets to use the water under its TDEC permits without paying for it. The water is pumped to and from the river through 12 mile pipelines which were installed under a state permit which is the subject of an ongoing legal challenge.
According to the TDEC report the Midway company drew very little water from the river on the first three days of the month but on four days beginning June 5 the company pumped over a million gallons from the Nolichucky. Again on June 18 and June 20 more than one million gallons was drawn by the company.
The largest discharges back into the river came on seven days of the month when over a half million gallons were discharged.
Contact: wfrochejr999@gmail.com

Friday, June 29, 2018

US Nitrogen Cited for Permit Violation


By Walter F. Roche Jr.

Tennessee environmental officials have charged that US Nitrogen erected an ammonia storage and loading operation capable of emitting 23.3 million tons of ammonia per year without first obtaining a required permit.
In a three-page letter issued today a deputy director of the Tennessee Department of Environment and Protection wrote that the company itself admitted to the violation when it submitted an application to amend an existing permit.
"This application states the tanks were constructed in 2016," the letter from James P. Johnston states.
"Based on the information discussed above," the letter to US Nitrogen Plant Manager Andrew Velo states,"the Division of Air Pollution Control has determined that ammonia storage and loading operations were constructed without first receiving an air quality construction permit" as required by Tennessee regulations.
Johnston added that since the operation's potential emissions exceed the five ton per year threshhold, it does not qualify as "an insignificant activity" under state laws and regulations.
Johnston's letter gives the Midway chemical firm 20 days to respond to the charges.
"Compliance with your permit contributes to a cleaner environment and healthier citizens by maintaining the federally mandated Non Ambient Air Quality Standards for Pollutants across Tennessee," the letter concludes.

The letter also recounts the entire history of US Nitrogen's permit including the initial application on July 14, 2011. Since that time a series of amendments have been filed and approved.
The amendment triggering the citation was submitted on May 14 of this year and involved the use of a flare to vent gases.
The letter does not indicate what if any fine could be imposed or what remedial action could be ordered.
Contact: wfrochejr999@gmail.com

Wednesday, June 20, 2018

Harwells Have Ties to Consulting Firm


By Walter F. Roche Jr.

The daughter of Tennessee House Speaker Beth Harwell has worked as a researcher for the company that serves as an environmental consultant for the state of Tennessee and US Nitrogen, a chemical manufacturer based in Greene County.
Campaign finance records show Allie Harwell, the speaker's 25-year-old daughter, made two $4,000 contributions to her mother's gubernatorial campaign on Jan. 5 of this year. The younger Harwell gave as her address the Knoxville office of EnSafe. She listed EnSafe as her employer and "researcher" as her title.
EnSafe has served as the environmental consultant to US Nitrogen at its $220 million ammonium nitrate plant in Midway, Greene County. Records show EnSafe, acting on US Nitrogen's behalf, has had frequent contact with officials of the state Department of Environment and Conservation regarding the Midway project.
EnSafe also has served as an environmental consultant to the Tennessee Department of Transportation. Contracts between the state and EnSafe are subject to the approval of the state Building Commission.
Speaker Harwell was among those commissioners in attendance on Sept. 14, 2017 when the panel approved a $5.8 million contract with EnSafe to act as the state's environmental consultant.
The Harwells did not respond to requests for comment nor did EnSafe.
Campaign finance records show Harwell also previously received a contribution from US Nitrogen's political action committee. The US Nitrogen PAC contributed $2,500 to Harwell's campaign committee on Dec. 31, 2015.
Contact:wfrochejr999@gmail.com

Friday, June 15, 2018

Former US Nitrogen Exec Jailed in Iowa


By Walter F. Roche Jr.

A former top executive of US Nitrogen and its parent company, Austin Powder, has been jailed in Iowa after being found in contempt by a judge presiding over his divorce case.
Officials of the Des Moines County Correctional Center confirmed today that Shawn Rana is incarcerated at the facility.
Rana was sentenced to a 90-day jail stay this week by District Judge Michael Schilling for refusing to comply with the provisions of his divorce from Leanna P. Rana.
Rana has served as a vice president of US Nitrogen and Austin Powder and has appeared at public events as a representative of the Tennessee company. He played a major role in the first efforts to win approval for the $220 million project.
US Nitrogen officials did not respond today to requests for comment on Rana's current status.
According to press accounts, Schilling ordered Rana jailed for his failure to pay thousands of dollars in child support and alimony. He issued six separate findings of contempt of court.
The judge stayed all but 30 days of the 90-day sentence.

Thursday, June 14, 2018

Nearly 20 Million Gallons Drawn From River


By Walter F. Roche Jr.

Nearly 20 million gallons of water were pumped from the Nolichucky River last month, according to a report filed with the Tennessee Department of Environment and Conservation.
Some 19.44 million gallons was pumped from the river by US Nitrogen, the company based in Greene County Tennessee. According to the report that total was reached despite the fact that on five days during the month no water was taken by the chemical manufacturer.
The monthly report shows on five other days in May the company pumped over one million gallons for its use in the production of ammonium nitrate.
Less than half the 19.4 million gallon total or 7.7 million gallons,was pumped back into the river by US Nitrogen, the report states.
The water is drawn and discharged through dual 12 mile pipelines that end at the company's Midway facility. The pipeline was built under a permit issued by the Tennessee Department of Transportation. The legality of the permit is being challenged in a suit pending in the Davidson Chancery Court.
In a related development US Nitrogen notified TDEC that, due to a recent pronouncement from the U.S. Environmental Protection Agency, it is seeking to have a new and separate permit under state and federal laws .
Currently a single permit is in place for the entire Midway site, which will eventually include two other companies, Yara North American and Praxair.
Yara already has petitioned the state for a separate permit for the same reason.
The EPA recently issued a statement indicating that multiple entities operating under a single permit must be controlled by the same parties.
Contact: wfrochejr999@gmail.com

Wednesday, June 13, 2018

Yara Seeks Separate Permit


By Walter F. Roche Jr.

Citing recent action by federal environmental officials, one of three companies set to operate in a Midway, Tenn. industrial complex is seeking state approval for a separate permit from the Tennessee Department of Environment and Conservation.
Yara North America submitted an application this week to TDEC air pollution control officials.
Yara also disclosed that the company does not expect to begin operations until next year. As a result the company is asking the state to extend its two current construction permits until Dec. 31, 2019. The existing permits expire at the end of this year.
Yara plans to produce calcium nitrate on the site also occupied by US Nitrogen.
According to the two-page letter to TDEC from Steve Rodgers and John McDowell of Yara, newly released guidelines issued by the U.S. Environmental Protection Agency no longer allow Yara and US Nitrogen to operate under a single permit.
"As of April 30 EPA revised its interpretation of the factors it considers when determining if 'common control' exists in deciding whether multiple entities on the same site constitute a single stationary source," the letter states.
Yara is asking TDEC to reconsider the decision it reached five years ago that the two companies could operate as a single source of pollution.
"I am requesting that the division revisit the decision made in 2013 in view of EPA's revised interpretation,"the letter continues.
Noting that Yara has "no control over US Nitrogen's compliance and is not involved in decisions regarding US Nitrogen'x air permitting obligations," Yara said US Nitrogen also has no control over Yara's permit compliance.
"I believe these facts clearly indicate that Yara's and US Nitrogen's facilities at Midway are not under common control and do not constitute a single stationary source," the letter continues.
In requesting the construction permit extensions, Yara officials said that while design of their facility is progressing, construction is not expected to even begin until Dec. 3 of this year.
Yara officials did not respond to a request for comment. It was not immediately clear what effect the new EPA standards will have on Praxair, another company slated to begin operations on the Midway site.

Saturday, June 2, 2018

Landowners File Amended USN Complaint


By Walter F. Roche Jr.

Eastern Tennessee landowners have filed an amended complaint in their suit challenging the legality of a permit issued by the Tennessee Department of Transportation for a 12 mile dual pipeline from Greene County to the Nolichucky River.
The 21-page complaint charges that TDOT issued the permit without verifying that a right of way actually existed along state Routes 348 and 340.
The controversial pipeline is being utilized by US Nitrogen which operates an ammonium nitrate manufacturing facility in Midway.
The amended complaint was filed in Davidson Chancery Court by Elizabeth Murphy, the attorney representing the property owners. A recent ruling by Chancellor Ellen Hobbs Lyle authorized the amendments.
The amended complaint states that TDOT was responsible for verifying the existence of the right-of-way.
Two of the plaintiffs have charged that the pipeline was actually installed on their properties.
"TDOT failed to identify such a right-of-way even after being advised of a dispute... TDOT exceeded its legal authority and also failed to require a performance bond," the revised complaint states.
In addition the complaint states that the land owners, Don Bible and Jack Renner, "are further entitled to an equitable remedy, including injunctive relief requiring the removal of any portions of the pipeline that are not within the highway right-of-way."
The suit is one of two remaining challenging the US Nitrogen project, including the pipeline.
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Wednesday, May 30, 2018

US Nitrogen Makes Massive Filing


By Walter F. Roche Jr.

US Nitrogen has filed a massive response to a series of questions raised by Tennessee regulators as part of the Greene County chemical firm's application to renew a key permit.
The filing earlier this month includes a 15-page letter from US Nitrogen Plant Manager Andrew Velo plus a series of attachments pushing the total filing to 195-pages.
The filing represents the second response by the chemical firm to a critical initial response to the permit renewal application. The first response was laced with criticism of the TDEC filing and disputed TDEC's findings on several counts.
In the latest response. US Nitrogen gave a point-by-point response to the TDEC questions and included much of the data the state had been seeking.
"There are no uncontrolled routine emissions from the ammonia storage and loading operations," Velo wrote in response to one TDEC question.
The company, a subsidiary of explosives manufacturer Austin Powder, said it had some answers to the regulators questions, but would need further research to answer others.
Responding to one question Velo acknowledged that the company had been unable to find documentation of data that was used in 2013.
In response to another question, Velo wrote that the company did not intend to exceed the production of 376 tons of 100 per cent nitric acid per day although the plant technically could produce up to 600 tons a day.
"In the future US Nitrogen can foresee operating at a rate of up to 600 tons per day of 100 per cent nitric acid," Velo wrote.
Other questions addressed include the output of aa steam generating boiler and the volume of ammonia to be produced on two ammonia trains.
The company also disclosed in a separate filing that it has once again appointed a new environmental manager.

Tuesday, May 29, 2018

TDEC Easing US Nitrogen Regulations


By Walter F. Roche Jr.

Citing improvements by US Nitrogen, state officials say they no longer need to have inspectors present during startup operations of a Greene County plant producing nitric acid.
In a two-page letter to Andrew Velo, US Nitrogen's plant manager, an official of the Tennessee Department of Environment and Conservation also stated that her agency intends to permanently ease the standards for opacity during startups as they apply to UD Nitrogen.
"As detailed below your company has improved the start up process to the point that we no longer feel it is necessary to witness each and every start up at the nitric acid plant," Michelle Owenby of TDEC wrote in the letter to Velo.
The nitric acid plant is but one of several operations at the Midway plant where ammonium nitrate is produced for use in making explosives at a separate location.
Stating that the number of failed start up attempts has decreased, the TDEC technical secretary, added that the visible emissions have decreased.
Nonetheless, despite still failing to meet the existing standard, Owenby said TDEC "plans no further action."
In addition she wrote that the agency had concluded that the existing standards are not suitable and the emissions and opacity recorded at US Nitrogen has "no known health effects."
In the meantime, the TDEC official continued, the state agency will begin work on developing a "source specific state implementation plan revision to allow additional opacity for limited times with the provision that US Nitrogen continues to monitor nitrogen oxides and ammonia emissions.
She wrote that continued operation will be permitted provided US Nitrogen continues to monitor the emissions of those two pollutants and ensures that standards are not exceeded.
She said that once the new standards are determined the state will include them in US Nitrogen's existing permit. She said the new standards would be announced publicly and public comment will be solicited. The amendments will also be subject to review by the U.S. Environmental Protection Agency.
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Friday, May 25, 2018

Judge OKs Amendments to Complaint


By Walter F. Roche Jr.

Opponents of a controversial state permit for a chemical company won a partial victory Friday as a Davidson Chancery Court judge ruled that the six eastern Tennessee plaintiffs can file a series of amendments to their pending complaint against the state Department of Transportation.
Judge Ellen Hobbs Lyle ruled that the group can add the allegation that TDOT is responsible for determining the location and width of a proposed right-of-way before granting an easement for that right-of-way.
At issue in the case is a permit TDOT granted for US Nitrogen to install a 12-mile dual pipeline from Midway to the Nolichucky River. The plaintiffs contend the permit never should have been granted and that the pipeline has now been installed, at least in part, over private property.
The judge also granted the plaintiffs the right to amend their complaint to include the allegation that TDOT did not follow its own rules in granting the permit.
The judge turned down the request to add any other additional charges to the complaint.
The judge deferred action on another plaintiff request seeking to force US Nitrogen to provide detailed information on how they determined the location of the rights of way along two state roads.
The six plaintiffs include two landowners who contend the pipeline encroached on their property. The Davidson judge indicated her final decision in the case will hinge on the outcome of a parallel case in Greene County courts.
Under the disputed permit US Nitrogen has been pumping millions of gallons of water from the Nolichucky for use in the production of liquid ammonium nitrate.
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Wednesday, May 23, 2018

US Nitrogen Avoids Water, Sewer Charges


By Walter F. Roche Jr.

US Nitrogen has avoided paying an estimated $1.6 million in water and sewer charges thanks to a controversial permit from the Tennessee Department of Transportation that is facing an ongoing court challenge.
The Greene County chemical firm has reported to the state Department of Environment and Conservation that it has pumped some 236 million gallons of water from the Nolichucky River for use in the production of ammonium nitrate. During the same 13 month period the company has discharged 110 million gallons of water back into the river, according to the company's reports.
Based on the current rates charged by the Old Knoxville Utility District the company would have been charged about $1.1 million had it purchased the water from the district. US Nitrogen would have incurred charges of nearly $500,000 had it discharged the waste water to the Lick Creek Valley Treatment plant.
Those figures come to light as a group of local citizens are continuing their suit challenging the legality of the TDOT permit.
A hearing on that suit is scheduled for tomorrow before Judge Ellen Hobbs Lyle.
Under the permit TDOT allowed US Nitrogen to install a 12 mile dual pipeline from its Midway manufacturing facility to the Nolichucky River.
The suit charges that TDOT did not have the legal authority to grant the permit and that the pipeline was partially installed on property owned by some of the local residents, including Don Bible and Jack Renner. Both are plaintiffs in the suit.
Under the permit the pipeline was supposed to be installed within the right-of-way of state roads, but the landowners contend that the right-of-way was effectively eliminated due to repaving.
Tomorrow's hearing is on a motion by the landowners to force US Nitrogen to answer 16 questions related to the placement of the pipeline, including the work done by a surveyor hired by the chemical company.
US Nitrogen's estimated savings are based on the current rates charged by the Old Knoxville Highway Utility District and the Lick Creek Valley Wastewater Treatment Authority. The utility district charges commercial customers a little over $500 for every 1,000 gallons. The treatment plant charges $4.44 per 1,000 gallons for customers discharging more than 180,000 gallons.
US Nitrogen does discharge some wastewater to the sewer district and in fact the company has been fined $19,050 for exceeding allowable limits of some chemicals.
When the US Nitrogen project was initially made public company officials stated they planned to use both local utilities, but that plan was abandoned in favor of the pipeline.
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Tuesday, May 22, 2018

USN Seeks Change at Treatment Plant


By Walter F. Roche Jr.

Citing the growth of algae in effluent ponds, US Nitrogen is seeking state approval for a change in a a chemical used in its water treatment plant, part of its Greene County chemical manufacturing operation.
In a May 8 letter to the Tennessee Department of Environment and Conservation, US Nitrogen Plant Manager Andrew Velo wrote that the change was necessary to minimize the amount of phosphorous entering effluent ponds on the company's sprawling Midway site.
"As you know, the reason for this change is to minimize the amount of phosphorous entering US Nitrogen's effluent ponds," Velo wrote in the letter to Vojin Janic of TDEC.
He said the current level of phosphorous "appears to be adding to the growth of algae in the effluent ponds associated with the US Nitrogen IDB (Industrial Development Board of Greeneville and Greene County)water treatment plant.
Contending that the switch in chemicals would not be considered a significant change in the state's permit, Velo said,"It is US Nitrogen's opinion that NAICC-1611T is an acceptable substitute for PCT 191T which was evaluated as part of US Nitrogen's (NPDES) permit."
A data sheet on the proposed chemical substitute provided by the company to the state listed the acceptable limits of the new chemical in the effluent necessary to avoid an impact on various marine species such as silver side fish and fathead minnows.
The disclosure sheet also states that the proposed chemical can cause severe skin burns and eye damage to humans.
"If this product becomes waste, it could meet the criteria of a hazardous waste," the disclosure sheet states.
Velo's letter states that use of the new chemical was "necessary for effective and efficient production of process water from the raw water sourced from the Nolichucky River."
Monthly reports from US Nitrogen show that some 236 million gallons of water have been pumped from the river since March of 2016. The company uses the river water in the production of ammonium nitrate which is later used at another site in the production of explosives.
According to the letter "the expected residual concentration is expected to be approximately 15 parts per million" and include an organic acid blend containing poly-maleic acid, maleic acid and methyl butanedioic acid" with an ecological toxicity similar to or less than the currently used anti-scalant."
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Saturday, May 19, 2018

USN Pumped 236 Million Gallons From Nolichucky


By Walter F. Roche Jr.

A Greene County chemical company pumped some 236 million gallons of free water from the Nolichucky River during its first two years of operation, according to reports filed with the state of Tennessee.
The data, submitted on a monthly basis by US Nitrogen, shows the volume has varied from a high of 38.7 million gallons in December of 2017 to zero. There were six months over the little over two year period when no water was pumped from the river to the Midway company.
That amount of water (236 million gallons)is roughly equal to all the water used by all customers of Santa Barbara, Calif. in a day.
The monthly reports, which are required under US Nitrogen's permit from the Tennessee Department of Environment and Conservation, also disclose the amount of water the company pumps back into the river. That total was a little over 110.5 million gallons from March of 2016 through April of this year.
US Nitrogen, a subsidiary of Ohio based Austin Powder, uses the river water in the production of ammonium nitrate, which is then used by the parent firm in the production of explosives.
The Tennessee company began filing the reports in January of 2016, but did not report drawing any water from the river until March of that year.
The most recent report covered the month of April of this year. It showed the company pumped some 7.79 million gallons from the river and discharged 3.58 million gallons back into the Nolichucky during the month. On 11 days during the month the company pumped no water back into the river.
The highest single day amount pumped to the plant was a little over 1 million on April 23. The highest discharge was a little over 500,000 gallons on April 4. The company pumped water from the Nolichucky on 26 days of the month.
Data from all the monthly reports shows the largest amount pumped back into the river came in October of 2017 when the company discharged 9.1 million to the river.
There were only two months, January and February of 2016, when the company reported no river discharge.
The monthly reports show that US Nitrogen pumped more than 1 million gallons from the river on 29 separate days. The highest single day total was 1.84280 million gallons on Oct. 15, 2016
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Thursday, May 17, 2018

Landowners Demand USN Answers


By Walter F. Roche Jr.

In advance of a key hearing a group of Eastern Tennessee landowners are asking a Nashville judge to order a local chemical company to answer 16 questions about the path of a 12 mile dual pipeline from Midway to the Nolichucky River.
In a motion filed recently in Davidson Chancery Court, the six landowners said the answers to their questions are essential to determine if, as they have charged, the pipeline illegally encroaches on their properties.
Citing US Nitrogen"s "wholesale refusal" to answer any of the questions, attorney Elizabeth Murphy noted that US Nitrogen's lawyers insisted the information sought by the group is irrelevant.
Meanwhile, other parties to the suit, the Tennessee Department of Transportation and the Industrial Development Board of Greeneville and Greene County, have stated they can't answer the questions because US Nitrogen is the only party with the information.
"The discovery is directly relevant to petitioner's standing allegations," the motion states.
A hearing on the motion is scheduled for next Friday in the courtroom of Chancery Judge Ellen Hobbs Lyle.
The plaintiff's in the case include Don Bible and Jack Renner. Both contend that the pipeline is not located within a right of way but invades their properties. The suit contends that the TDOT pipeline permit granted to US Nitrogen is illegal on multiple grounds,including the fact that there was no right of way for TDOT to grant rights to.
The plaintiffs also charge that US Nitrogen knew it was intruding on private property but "installed the pipelines anyway in open disregard of private property rights."
The information sought by the landowners includes details of the way the so-called right of way was established including the work a registered land surveyor, Jeff Miller, did in behalf of US Nitrogen to justify the pipelines course.
The pipeline is used to pump millions of gallons of water from the Nolichucky for US Nitrogen's use in manufacturing ammonium nitrate. In fact there are two 12 mile pipelines, one to draw the water to the Midway plant and a 12 mile return pipe through which some but not nearly all of the water is pumped back into the Nolichucky.
The lawsuit has already gone to an appeals court after the original judge assigned to the case dismissed the claims concluding that the landowners did not have legal standing to even raise the questions. An appeals court rejected that conclusion and sent the case back the chancery court.
The chancery judge who issued the first ruling recused herself from the case and it was re-assigned to Hobbs Lyle.
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Wednesday, May 16, 2018

Depositions Coming in US Nitrogen Suit


By Walter F. Roche Jr.

Key depositions are expected in the near future in a federal lawsuit brought by a Tennessee chemical firm against a Georgia engineering firm which was involved in the construction of a $200 million Greene County industrial complex.
Records in U.S. District Court in Atlanta, GA. show lawyers for Weatherly Inc. will be deposing Randy Fortner of C & C Millwright, a Tennessee firm that served as a main contractor in the construction of U.S. Nitrogen's ammonium nitrate plant in Midway, Tenn.
Weatherly also has issued notice that is seeking the records of C & C Millwright and will be deposing two other individuals, Randy Poteet and Clark Breaux. The roles of the two were not detailed.
The notices are the latest development in a suit filed by US Nitrogen against Weatherly. In the original complaint US Nitrogen charged that multiple errors by Weatherly substantially delayed the opening of the US Nitrogen and also caused US nitrogen to incur some $30 million in added costs.
Fortner was not only the head of C & C Millwright but also a member of the Industrial Development Authority of Greeneville and Greene County, the agency that played a key role in getting US Nitrogen to locate in Midway. Fortner did abstain from voting on matters involving US Nitrogen.
Additionally Fortner's company, J & J Warehousing sold a 3.58 parcel to US Nitrogen for $75,000.
In its original complaint in the Atlanta suit US Nitrogen charged that pillars designed for the plant by Weatherly were too weak and collapsed forcing a major re-build. Still other defects discovered later included faulty design of storage tanks that caused "cracks and other defects.
Records in that suit show that major equipment purchased for the US Nitrogen facility were decades old including a nitric acid plant that was 30-years-old.
Weatherly has denied that it was responsible for problems cited by US Nitrogen and also noted a provision in their contract with US Nitrogen limits damages to $2.2 million.
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Thursday, May 10, 2018

US Nitrogen Equipment Failure Reported


By Walter F. Roche Jr.

US Nitrogen has reported to state and federal environment officials that an April equipment failure caused the release of liquid and vaporized ammonia to the atmosphere.
In a letter sent to the U.S. Environmental Protection Agency and the Tennessee Department of Environment and Conservation, US Nitrogen plant manager Andrew Velo wrote that the failure and release of ammonia occurred on April 11 at 6:05 a.m.
He wrote that the release lasted about four minutes and some 45.2 pounds of ammonia vapor was released to the atmosphere from the body of a pressure safety valve.
In the letter Velo stated that since the amount released was less than 100 pounds "no CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) reportable quantity was released as a result of this incident."
According to the letter from the Greene County chemical company, the incident occurred while the company was venting ammonia to a flare to relieve an abnormal ammonia loading system condition.
"As a result of the follow-up investigation, US Nitrogen has determined the internal bellows on the PSV failed due to a pressure impulse. This failure allowed ammonia on the vent side of the PSV (pressure relief valve) to be released through a vent hole in the body of the PSV,
He added that as a corrective action "US Nitrogen is evaluating the vent piping system to improve backpressure, flows and drainage.
Velo's letter was dated May 1.
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Friday, May 4, 2018

US Nitrogen Fined $4,350 by Mosheim


By Walter F. Roche Jr.

US Nitrogen has been fined $4,750 for violating pollution control requirements of a local wastewater treatment plant for the second year in a row.
According to Mosheim officials, the Midway chemical company exceeded the limits for nitrogen in its wastewater three times in the six month period ending on June 30, 2017. In addition the company exceeded the monthly average limits in two of the six months.
"Violations are defined as those in which 33 percent or more of the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the numeric pre-treatment standard or requirement multiplied by the applicable Technical Review Criteria (TRC)." according to Mosheim officials.
According to Mosheim Mayor Thomas L. Gregg Jr. the company was cited for a total of five violations.
The company was also fined $14,750 a year ago for similar violations of the pre-treatment requirements of the Lick Creek Valley Wastewater Treatment plant.
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Thursday, May 3, 2018

US Nitrogen Again Cited for Violations


By Walter F. Roche Jr.

For the second time US Nitrogen has been cited by Mosheim officials for violations of environmental regulations governing the wastewater discharged to a local treatment plant.
In a legal notice issued by Mosheim Mayor Thomas L. Gregg Jr., the chemical company was charged with being "in significant violation" of pre-treatment requirements for the local wastewater treatment plant.
According to the notice the violations occurred during the one year period ending Dec. 31, 2017.
The notice does not indicate whether any fine is being imposed.
Last year US Nitrogen was fined $14,700 after local officials determined the pre-treatment requirements were violated on 27 different occasions
In the new notice, Mosheim officials said that US Nitrogen was making improvements that would eventually eliminate the violations.
"None of the above violations created significant damage to Lick Creek Valley Wastewater Treatment plant or threat to the environment," the notice states.
US Nitrogen, the notice continues, "is making or has made changes in an effort to comply with the pre-treatment regulations."
US Nitrogen did not respond to requests for comment.
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