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On five days during the month just under one million gallons were withdrawn for use in the company's manufacturing operations.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