Wednesday, April 24, 2019

US Nitrogen Details Testing Plans



US Nitrogen has disclosed to Tennessee environmental officials the details of upcoming tests that will be performed on its Midway manufacturing facility to ensure compliance with its permits.
In a series of documents filed this week with the Tennessee Department of Environment and Conservation the ammonium nitrate manufacturing firm said the tests will be performed during the week of May 20.
Two outside firms, AMP-Cherokee Environmental Solutions and TRC Environmental will be involved in the testing, according to the filings.
The tests will be conducted on the company's nitric acid plant, a tail gas stack and a steam generating boiler.
In a 13-page summary document, the details of the testing procedures for each of the operations are described.

Thursday, April 18, 2019

US Nitrogen Drew 400 + Million River Gallons


By Walter F. Roche Jr.

US Nitrogen LLC has drawn some 400 million gallons of free water from the Nolichucky River under a controversial Tennessee permit which it now wants to renew for another two years.
Monthly reports filed with the state Department of Conservation and Environment show the chemical manufacturing firm has also discharged some 200 million gallons of wastewater back in to the Eastern Tennessee waterway.
Recently the company filed an application to renew the current permit, which expires in early June, to mid-June 2021.
The controversial permit is one of two unique permits that has aroused the ire of environmental activists in the region. The other permit, granted by the Tennessee Department of Transportation, allowed US Nitrogen to install dual pipelines along two state highways from mile 20 of the Nolichucky River to the company's manufacturing facilities in Midway Greene County.
TDEC disclosed earlier this week that it will hold a public hearing on the renewal request on May 18 at the West Greene High School in Greeneville beginning at 5 p.m. The permit has saved the firm millions in fees it would have incurred if it had to purchase the water and have wastewater processed through authorized treatment facilities as first proposed.
In the most recent report covering the month of March, the company reported it drew 15.8 million gallons from the Nolichucky while discharging 13.8 million gallons back into the river.
On six days in March the company drew more than one million gallons from the river. The highest single total was 1.16 million gallons drawn on March 15. On 13 days during March the company discharged more than 500,00 gallons back into the river. On one day, March 24, there was no discharge to the river.
In prior monthly reports the company, a subsidiary of explosives manufacturer Austin Powder, reported withdrawing 19.4 million gallons from the Nolichucky in May of 2018. More than 18 million was pumped from the river on four days since March of 2018. The largest discharge into the river over the same period was 13.8 million gallons in March of this year.
Contact:wfrochejr999@gmail.com

Tuesday, April 16, 2019

May Hearing Set on USN River Permit


By Walter F. Roche Jr.

Tennessee environmental officials have scheduled a public hearing on the request of a Greene County chemical company to renew the permit that allows it to draw - free of charge - up to nearly 2 million gallons of water per day from the Nolichucky River.
The notice issued today by the Department of Environment and Conservation is set for May 18 at the West Greene High School. An initial informational session will be held at 5 p.m. followed by a formal public hearing at 6 p.m.
The official notice states that testimony may be limited "to allow all parties an opportunity to speak.
The permit in question is one of several granted to US Nitrogen, a subsidiary of Austin Powder, an Ohio based explosives manufacturer.
According to the notice the river water will be used for cooling and to manufacture ammonium nitrate, ammonia and nitric acid. The company draws the water from the river at mile marker 20.8, about 10 miles from its manufacturing facility in Midway.
According to the notice during the first hour residents will be able to pose one-on-one questions to TDEC staff or representatives of US Nitrogen.
Local environmental activist Park Overall previously submitted a formal request for TDEC to hold a public hearing on the permit renewal. Overall has also requested a hearing on US Nitrogen's proposal to use a new process for the production of nitric acid
In addition to comments at the hearing, interested parties may submit written comments through May 31.
The US Nitrogen permit to draw water from the river and to discharge waste water back into the river has been highly controversial. It has also triggered several lawsuits, none of which derailed the project.
US Nitrogen's current permit expires June 2.
In its 19-page application for a renewal the company said it had explored other alternatives to the use of the Nolichucky including purchasing water from the Old Knox Utility District.


I












NOTICE OF HEARING

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION Division of Water Resources William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 11th Floor Nashville, Tennessee 37243

Notice is hereby given: the Tennessee Division of Water Resources will hold a public hearing regarding an application for the re-issuance of a water quality permit to withdraw water from the Nolichucky River for industrial water supply.
Location: West Greene High School Gymnasium 275 West Greene Drive Mosheim, TN 37818
Date: Tuesday May 21, 2019
Informational Session: 5:00 – 6:00 pm eastern time
Public Hearing: 6:00 – 8:00 pm eastern time
Public comments will be received concerning the proposed permit action described below:
Applicant:
Division File Number: US Nitrogen LLC Dylan Charles 471 Pottertown Road Midway, TN 37809 423-422-2040 NRS19.062
Description: US Nitrogen LLC has submitted an application for the reissuance of an Aquatic Resource Alteration Permit that would authorize withdrawal of industrial water supply from the Nolichucky River. US Nitrogen will use the water withdrawn for process, non-process, and cooling water for production of nitric acid, ammonia, and ammonium nitrate solution. The water withdrawal from the Nolichucky River is to serve as US Nitrogen’s primary water supply for cooling and process water. Hearing Process: The purpose of this hearing is to allow the public to learn about and provide comments on water quality issues that could occur from this project. Prior to opening the formal public hearing, an informational session will be held with Tennessee Department of Environment and Conservation (TDEC) staff. The informational session will have a question and answer format where the public can ask one-on-one questions of TDEC staff or the permit applicant. Once the formal public hearing begins, the question and answer format will end and all public comments will be collected for the hearing record without response from TDEC. TDEC staff will provide written responses to all oral and written comments following the public hearing, prior to making a final determination on the permit action.
The meeting moderator may limit the length of oral comments in order to allow all parties an opportunity to speak, and will require that all comments be relevant to the proposed permit action and Division of Water Resources issues. Written comments will be accepted at the hearing and for ten working days following the hearing and will be considered part of the hearing record. If one cannot attend but would like to comment, written comments will be accepted through May 31, 2019. The permit application, supporting documentation including detailed plans and maps, and related comments are available for review on the internet at the Division’s data viewer (https://www.tn.gov/environment/about-tdec/tdec-dataviewers.html) by entering the permit number listed in the title of this Public Notice. Interested persons may also obtain additional information and may inspect and copy related documents at the Division’s Central Office at the address listed above, Attn: Robert Baker, at robert.d.baker@tn.gov. EEO/AA/ADAAA inquiries or complaints may be directed to the ADAAA Coordinator, HR Division, at 1-615-532-0200. Hearing impaired callers may use the Tennessee Relay Service (1-800-848-0298). If it is hard for you to read, speak, or understand English, TDEC may be able to provide translation or interpretation services free of charge. Please contact Saul Castillo at 615-532-0462 for more information.

US Nitrogen Overflow Nearly 400,000 Gallons


By Walter F. Roche Jr.

The un-permitted water overflow at a US Nitrogen retention pond recently, totaled totaled nearly 400,000 gallons, according to a report filed with the Tennessee Department of Environment and Conservation.
In a two-page letter sent by US Nitrogen Plant Manager Dylan Charles, the Greene County company reported that the un-permitted overflow totaled 397,000 gallons and occurred during a period of intense rainfall between Feb. 20 and Feb. 25. The letter dated April 12 was filed in response to a violation notice issued by TDEC on March 15.
According to Charles' letter, the overflow water eventually flowed into the Seven Springs Branch of the Nolichucky.
The pond overflow water that exceeded the capacity of the retention pond eventually exited the water retention area at previously permitted area, Charles reported in the letter to Jessica Murphy of TDEC.
He noted that total rainfall between Feb. 16 and Feb. 25 at the company site totaled 6.48 inches
Charles told TDEC that the company was considering "multiple corrective actions" to minimize future occurrences." He said one possibility being considered was a redesign of the retention pond piping.
The US Nitrogen official said the retention ponds usually operate at 40 to 50 percent of capacity and levels are controlled by routine pumping. But, he wrote, the effluent ponds collected some 3.1 million gallons of water from the intense rainfall in March.
He said the company was limited by its permits in the amount of water that can be transferred from the retention ponds to a raw water pond.
"On Feb. 20," Charles continued, "the water level exceeded the capacity of the retention pond and began to pool in the low areas of the pond's bank." He added that at that time the pond's weir overflow valves were locked and remained in that position for three days during which an additional 1.5 inches of rain fell.
He wrote that an additional 2.4 inches of rain fell on Feb. 24 overwhelming the capacity of the pond.
US Nitrogen, a subsidiary of Austin Powder, an Ohio explosives manufacturer, produces ammonium nitrate and other chemical products at the Midway facility.
Contact: wfrochejr999@gmail.com


Saturday, April 13, 2019

US Nitrogen Proposes New Emission Limits


By Walter F. Roche Jr.

The operators of a controversial Tennessee chemical manufacturing company have sent a three-page proposal to state environmental officials in which they agreed to set new limits on various emissions from its multiple operations at its Greene County facility.
In a three-page letter dated April 11 Dylan Charles, US Nitrogen's plant manager, told Michelle Owenby of the Tennessee Department of Environment and Conservation that the limits would apply to the company's conditional major operating permit. In each category Velo cited prior requests submitted by the company dating back to 2015.
The letter does not indicate what the current limits are for the various categories or whether the newly proposed limits represent an increase or decrease.
According to the letter US Nitrogen agrees to limit in particulate matter emissions of 0.29 pounds per hour and 1.3 tons per 12 consecutive months for its cooling tower.
For the company's ammonia plant flue gas tanks, the company agrees to a limit on particulate matter emissions of .75 pounds per hour and 3.3 tons per 12 consecutive months. For the boiler the company agrees to a limit of particulate emissions of one pound per hour and 3.76 tons for any 12 consecutive months.
Sulfur dioxide limits agreed to by the company are .06 pounds per hour and .26 tons per any 12 consecutive months for the ammonia plant flue gas stacks. For carbon monoxide emissions from the boiler the company agreed to a limit of 4.52 pounds per hour and 19.8 tons per any 12 consecutive months.
A limit of 8.32 pounds per hour and 36.44 tons per any 12 consecutive months of carbon monoxide would be set for the ammonia plant flue stacks.
For the steam generating boiler US Nitrogen agreed to an emissions limit of sulfur dioxide of .10 pounds per hour and .30 tons for any 12 consecutive month period. Nitrogen oxide emissions would be limited to 3.96 pounds per hour and 17.32 tons for any 12 month consecutive period. Carbon monoxide limits would be set at 4.52 pounds per minute and 19.8 tons per any 12 consecutive month period
Citing a request submitted by the company in late 2015, the company agreed to a limit of .035 pounds per one million btu's of nitrous dioxide.
Finally the company agreed to limits on ammonia and other flares on carbon monoxide and nitrous oxide

Thursday, April 11, 2019

NECC Defendant Fights Prison Term


By Walter F. Roche Jr.

A convicted defendant in the case stemming from a deadly fungal meningitis outbreak is disputing a pre-sentence report that would lead to a prison term in an upcoming sentencing hearing.
Alla Stepanets, one of five convicted late last year after a 10 week trial,says the conclusion that she should serve a prison term violates her constitutional rights and mis-states her role at the New England Compounding Center, the company blamed for the 2012 outbreak which led to the deaths of over 100 patients across the country.
In a six-page filing in U.S. District Court in Boston, Mass., the lawyer for Stepanets, stated that his client "was merely the last pharmacist who handled the (NECC) orders prior to their introduction into interstate commerce."
John Cunha, Stepanets' attorney, said she acted as a checker and not the verifying pharmacist for orders shipped from NECC. That role, he said, was performed by other NECC staffers before his client even handled the drugs.
Stepanets and four other defendants were convicted in December of charges ranging from racketeering to conspiracy and mail fraud, but as Cunha noted, his client was cleared of the more serious charges. He said the jurors acquitted her on charges that she meant to deceive NECC clients.
Calling her role "purely clerical," Cunha said her role at NECC "failed to employ any special skill the defendant possessed as a pharmacist."
He further charged that holding Stepanets to a strict liability standard for a misdemeanor is unconstitutional.
Stepanets was one of three pharmacists who check prescription orders after they left the clean room where they were prepared.
In the filing Cunha said there was no evidence that his client was aware that the patient names on the prescriptions she checked were not legitimate. Evidence presented at her trial showed prescriptions were routinely issued for non existent patients including Donald Duck and Donald Trump.
Stepanets' sentencing is scheduled for May 1 before U.S. District Judge Richard G. Stearns. He previously cleared Stepanets of the pending charges but they were reinstated by an appeals court.
She was one of 14 indicted in 2014 following a two year probe of the fungal meningitis outbreak. The trial of the two remaining defendants is scheduled to begin late this month.
Contact: wfrochejr999@gmail.com

Monday, April 8, 2019

TDEC Reports Computer Glitch



By Walter F. Roche Jr.

Hundreds of files detailing the license history of major projects with environmental impact are not currently available to state residents due to an ongoing computer glitch at the Tennessee Department of Environment and Conservation.
Problems accessing files on the agency data viewer first surfaced last week.
Attempts to access detailed filings normally accessible were greeted with a message stating that electronic files were not available. Those trying to access specific files were advised to email TDEC for specific information.

"There are no electronic documents available for publication on the DataViewer for the selected permit record.

Please contact our staff at Water.Permits@tn.gov for further information."


Kim Schofinski, a TDEC spokeswoman, said the agency was attempting to correct the problem.
"The site is experiencing some temporary technical difficulties and we’re working to correct them now," she said in an email response to questions.
Similar responses were made to advocacy groups, including the Sierra Club, who reported they were unable to access files normally readily available.
The glitch did not affect some public files, such as permits issued by TDEC's air pollution division. Permit files issued by the division regulating water supplies, however, were not accessible.
Contact: wfrochejr999@gmail.com

Monday, April 1, 2019

Hearing Sought on US Nitrogen Shift


By Walter F. Roche Jr.

A local environmental activist has formally requested that Tennessee officials hold a pubic hearing on a pending change in the processes being utilized by a major chemical manufacturer operating in Greene County.
Local resident Park Overall submitted the hearing request Friday in an email to the Tennessee Department of Environment and Conservation. The request was submitted in response to the recent disclosure by US Nitrogen that it was implementing a new unspecified manufacturing process at its nitric acid plant in Midway.
The plant has been the source of multiple events including a series of unplanned chemical vapor releases, one of which triggered an emergency response.
In an email to multiple TDEC officials Friday, Overall wrote,"If there is gonna be another process change, we will require a public hearing."
The disclosure about a new process being employed at the ammonium nitrate manufacturing facility came in a request from US Nitrogen to put its pending request for a waiver from opacity limits be put on hold. In the notice to TDEC, US Nitrogen officials indicated they were hopeful the new processes would eliminate the need for a waiver.
The US Nitrogen notice did not provide any details on what new processes were being deployed. The company has not responded to requests for details.
TDEC formally acknowledged Overall's request and posted a copy on it on its web site today.
In yet another new recent development, US Nitrogen filed an application to TDEC on March 16 to renew the permit that allows the firm to pump nearly 2 million gallons of water per day from the Nolichucky River for use in its manufacturing operations.
Under the controversial permit, the company also is allowed to discharge waste water from its manufacturing facility back in to the river.
In response to the permit renewal application, TDEC wrote that a review process was underway and notice will be issued within 30 days if there are questions or the application is deemed deficient. The current permit expires June 2.
Contact: wfrochejr999@!gmail.com