US Nitrogen Disputes State Inspection Report

By Walter F. Roche Jr.

Officials of a Greene County chemical company are disputing major elements of a detailed state compliance report that found the firm in violation of its permits and state and federal environmental requirements.
In a 25-page response filed with the state Department of Environment and Conservation, Andrew Velo, a manager for US Nitrogen, said the company does not believe any of the items listed in a recent state review "constitute violations of any statutory regulations or permits."
Though the response does acknowledge a number of changes, including the replacement of some equipment and new preventative maintenance procedures, Velo's letter questions the basis for many of the conclusions in the recent state report.
"The report consistently fails to identify the specific applicable statutory, regulatory or permit requirements that were allegedly violated," Velo wrote.
Velo, who is plant manager of the Midway facility, called on TDEC for a meeting for "a frank and open discussion regarding the division's relationship with US Nitrogen and the report specifically."
In addition to denying he made statements attributed to him in the report, Velo said TDEC even had the wrong date for a so-called "operational incident" that the TDEC report states should have been reported to the state agency.
Stating that the incident occurred in early 2017 and not 2016 as TDEC claimed, Velo said the incident was "a minor operational issue" not requiring state notification. According to the state compliance report, the incident resulted in the contamination of the company's steam system.
Velo also disputed the TDEC claim that the company had made operational changes that required amendments to its permit.
The company "has not made any operational or physical changes" requiring permit modification, Velo wrote. He also said that discharges to the Nolichucky River were well within permit limits.
Other items Velo disputed included the requirement for the annual calibration of equipment measuring temperatures, water use and discharge.
In the letter Velo did state that the company had changed several of its standard operating procedures in response to questions raised by the two state inspectors.
But Velo even questioned how long the two inspectors were at US Nitrogen, stating that they were only there for 10 days not the full month indicated in the state report.
In calling for a meeting with TDEC officials, Velo wrote, "US Nitrogen is now and has been consistently in compliance with our permit requirements, so that our discharges are protective of human health, downstream fish and aquatic life and water quality."
"Protection of human health and the environment is of utmost importance to US Nitrogen and we are proud of our environmental and safety record," he concluded.
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