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.

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