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."
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