Monday, October 26, 2020

Yara Sets Midway Construction Schedule

By Walter F. Roche Jr.

The third company set to occupy a multi-acre property in Greene County is seeking extensions on permits to build and operate a major manufacuring facility from the Tennessee Department of Environment and Conservation.
Henri Groenen, vice president, of Yara North America, Inc. submitted requests for construction and operating permits from TDEC.
Yara plans to produce tons of calcium niterate on the same site as US Nitrogen LLC and Praxair,Inc.
In a letter to TDEC's Michelle Owenby, Groenen said the company has completed 98 per cent of the design/engineering phase and expects to begin actual construction next March. Construction is expected to be completed in 12 to 14 months.
Yara's current construction permits expire Nov. 3.
Groenen also said that Yara is currently soliciting bids for various phases of the project.
Contact: wfrochejr999@gmail,com

Saturday, October 24, 2020

Hearing Set on Conigliaro Appeal

By Walter F. Roche Jr.

A three judge federal panel will hear arguments Tuesday on an appeal filed by federal prosecutors seeking to overturn a judge's dismissal order on a charge against a former drug company executive.
Federal prosecutors in Boston are arguing that the guilty charge on a conspiracy count against Gregory Conigliaro should be restored. A jury had returned a unanimous guilty verdict but U.S. District Judge Richard G. Stearns reversed the conviction on June 7 of last year.
The First Circuit Court of Appeals also will hear arguments from the attorney for Sharon Carter, who like Conigliaro worked at the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak. She held the title of director of operations.
Conigliaro was a vice president and part owner of NECC while Carter was employed as a pharmacist technician.
Due to the pandemic the court session set to begin at 9:30 a.m. will be held virtually since the courthouse is not open to the public.
Hearing the appeal will be Judges Sandra Lynch, Kermit Lipez and David J. Barron.
Conigliaro's lawyer, Daniel Rabinowitz, has argued that Conigliaro couldn't have conspired to defraud the U.S. Food and Drug Administration because agency officials were not even sure they had jurisdiction over NECC.
Carter's lawyer, Michael Pineault has made a similar argument.
Federal prosecutors have argued that the jury verdict should be upheld and that Conigliaro and Carter were motivated by greed.br /> Of the 14 NECC defendants indicted in late 2014, three are currently serving federal prison terms. One was acquitted of all charges.
Contact: wfrochejr999@gmail.com

Thursday, October 22, 2020

St. Luke's Cited in Monitoring Failure

By Walter F. Roche Jr.

A patient at an Allentown hospital was found unresponsive in an apparent failure of a continuous monitor, according to a report from the state Health Department.
According to the report staffers at St. Luke's Sacred Heart Campus failed to inform the patient's physician that the patient was removing the continuous pulse oximetry monitor. Subsequently the patient was found on April 11 unresponsive "with no pulse or respiration."
The hospital employee "did not document a change in the patient's condition that affected the ordered the continuous pulse oximetry," the report states, adding that the patient's doctor was "not notified of a change in the patient's non-compliance and treatment."
The staff "lacked the ability to troubleshoot the continuous pulse oximetry issues such as maintaining the probe when the patient in disoriented and attempting to remove the device."
The hospital filed a plan of correction calling for staff education on reporting requirements.
The staff "lacked the ability to troubleshoot the continuous pulse oximetry issues such as maintaining the probe when the patient in disoriented and attempting to remove the device," the plan of correction states.
The report concluded that nursing staff never informed the physician that the patient was frequently removing the pulse oximetry probe.
St. Luke's officials did not respond to questions regarding the report.
Contact: wfrochejr999@gmail.com

Wednesday, October 14, 2020

US Nitrogen Passes TDEC Compliance Inspection

By Walter F. Roche Jr.

US Nitrogen was found in compliance with its state permits during a recent annual inspection but the company conceded that there had been errors in their calculations on nitrous oxide emissions.
The August inspection by officials of the Tennessee Department of Environment and Conservation included a detailed review of company records and an actual inspection of some of the company's Greene County manufacturing facilities.
According to the inspection report a US Nitrogen official, Kim Ryans, acknowledged the company had made errors in computing the three hour rolling nitrous oxide emissions.
"Ms. Ryans agreed with the inspector that there had been an error in how they had adjustd this data to account for start-ups," the report states.
The company submitted corrected data on Aug. 27, according to the report.
TDEC reported that "due to the pandemic records were reviewed on Aug. 6 via Microsoft Teams.
Going through the various conditions in the company permits, the inspectors reported that they found no violations and that the company had properly compiled and retained various reports.
The report state that seven complaints against US Nitrogen were logged during the past year and all of them involved "visible emissions" or opacity. The report states that none of those complaints resulted in a finding that the company violated its permits.
In addition the inspectors reported that they observed no visible emissions other than water vapor.
"Records are maintained as required," the report states.
"The company appeared to be adhering to this condition during the plant walk-through and records were available back to the source's stafrt up," the report states referring to another permit requirement.
However, the report does state that some of the data collected during the inspection is still being evaluated by TDEC.
In a related development TDEC approved amendments to the permit granted to Praxair, Inc., a company that shares the same Midway location. The company produces liquid carbon dioxide for the beverage industry.
The amendments correct typographical errors in the permit issued in January. Contact: wfrochejr999@gmail.com

Monday, October 12, 2020

Nov. 19 Hearing on US Nitrogen Permit

Tennessee environmental officials have set a Nov. 19 date for an on-line hearing on the proposed renewal of a permit which allows a Greene County firm, US Nitrogen, to pump millions of gallons of wastewater into the Nolichucky River.
In a notice issued last week the Tennessee Department of Environment and Conservation announced that the 7 p.m. hearing will be preceeded by a one hour question and answer session.
The current permit expires on Oct. 31.
The ammonium nitrate manufacturer already has received approval for the renewal of another permit under which it draws millions of gallons of water from the river.
The hearing can be accessed at: https://tngov.webex.com/tngov/j.php?MTID=m5c4ac6ff30915eccfa45afe7b7f3eb33. The hearing can be accessed at: https://tngov.webex.com/tngov/j.php?MTID=m5c4ac6ff30915eccfa45afe7b7f3eb33.

Wednesday, October 7, 2020

TN to Renew US Nitrogen River Permit

By Walter F. Roche Jr.

Tennessee environmental officials plan to renew a permit that allows a Greene County chemical firm to discharge millions of gallons of wastewater into the Nolichucky River.
In a notice issued today the Tennessee Department of Environment and Conservation provided a draft copy of the massive permit it intends to issue to US Nitrogen LLC.
The 52-page document includes the 23 page permit and several appendices. The permit won't expire until 2025. The current permit expires on Oct. 31.
"The department has determinewd that the activity will not cause degradation above a de minimus level," the permit states.
According to a cover letter sent to US Nitrogen Plant Manager Dylan Charles, members of the public will have 30 days to ask for a public hearing. The company will also have 30 days to object to any of the limits set out in the permit.
The permit is one of two key state permits that enable the company to utilize more than a million gallons per day from the Nolichucky in the production of ammonium nitrate and related chemicals. The permit to draw water from the Nolichucky was renwed last year.
The permit requires US Nitrogen to monitor the composition of the waste water being pumped into the river. Monthly reports must be filed with the state and the company is required to notify TDEC if monitoring shows any limits have been exceeded.
The company is required to take samples both upstream and downstream of the pumping station located at mile marker 20.8 on the Nolichucky.
The permit notes that the facility is designed to produce 200 tons of ammonia per dat, 600 tons of nitric acid per day and 840 tons of ammonium nitrate solution daily.
In a related development the company filed its monthly report showing the amount of water pumped from and back in to the Nolichucky during the month of September.
According to the report the company pumped 21.68 million gallons of water from the river with more than a million gallons drawn on 12 separate days. During the same time 8.5 million gallons of wastewater was dumped back into the river. On three days more than 500,000 gallons were discharged into the river.
Contact: wfrochejr999@gmail.com

Tuesday, October 6, 2020

State Okays US Nitrogen Discharge

By Walter F. Roche Jr.

Tennessee environmental officials have given the go-ahead for US Nitrogen LLC to discharge up to 22,000 gallons of a test liquid along a Greene County roadway to determine if there are any leaks in a 12-mile long pipeline.
In a letter sent to Kim Ryans, a US Nitrogen environmental manager, an official of the Tennessee Department of Environment and Conservation said discharge of hydrostatic water would be covered under the company's permit.
The Greene County chemical manufacturer had filed notice Oct. 1 that it intended to conduct tests on the 12-mile pipeline from the Nolichucky River to the company plant in Midway. The discharge will be made from a point in the pipeline along the right-of-way of McDonald Road 1,000 feet southeast of Lick Creek, about 1,800 feet from the Beulah Baptist Church.
Vojin Janjic, the TDEC water division manager, noted in the letter to Ryans, that it is up to US Nitrogen to get permission from the Tennessee Department of Transportation for the discharge.
Ryans also noted that ammonium nitrate manufacturer also must submit a report with TDEC on the discharge and it must be submitted no later than 30 days after the discharge has occurred.
US Nitrogen was also asked to indicate whether the test would be a one-time event.
Kim Schofinski, a TDEC spokeswoman said her agency was "not aware of any spills or illicit discharges from the US Nitrogen facility.
"While TDEC does not explicitly require testing for leaks in infrastructure related to permitted facilities, we do require that permittees must properly operate and maintain their infrastructure, which may necessitate scheduled testing for leaks or water loss," she concluded.
Ryans, the US Nitrogen environmental manager, has not responded to requests for comment on the reasons for conducting the tests.
Contact: wfrochejr999@gmail.com

Monday, October 5, 2020

Violations Cited on Prime Cumberland Parcel

By Walter F. Roche Jr.

A company involved in now abandoned high stakes negotiations with Nashville over the future of a prime riverside parcel has been cited by state environmental officials for multiple violations of state and federal regulations uncovered on that very same parcel.
In a notice issued last week, the Tennessee Department of Environment and Conservation imposed a $75,130 civil penalty on PSC Metals for being out of compliance with several provisions of its state permit.
According to the notice the scrap metal firm located along the Cumberland River failed to update and implement provisions of its Storm Water Pollution Prevention Plan including conducting quarterly and annual inspections of the property.
Former Mayor David Briley's administration was engaged in negotiations with PSC to free up the prime parcel on the East Bank of the Cumberland in return for a relocation plan that could have cost the city $25 million.
The negotiations ended when John Cooper took office.
PSC, in response to the complaint blamed the failures on the Covid-19 pandemic and the resultant lack of staff.
The records show TDEC extended the deadline for coming up with a correction plan from March 31 to May 29, but the company again failed to respond.
The Jan. 28, 2020 TDEC inspection found clogged drains, booms full of oil and grease, another drain clogged with trash and debris and large fuel tanks dripping diesel fuel. Review of company records showed required routine inspections were not performed.
Under the complaint PSC must pay $15,026 in penalties within 31 days along with $640.60 in damages.
The company has 60 days to file a corrective action plan.

Saturday, October 3, 2020

Nolichucky River Water Usage on the Rise

By Walter F. Roche Jr.

The use of free water from the Nolichucky River has been on the rise even as the company utilizing that water is planning to conduct tests that are normally used to detect leaks in pipes and other enclosures.
A review of monthly reports filed by US Nitrogen LLC shows that over the last six months the company has reported pumping 106.7 million gallons from the Nolichucky River through a 12-mile pipeline running from river mile marker 20.8 to the firm's Midway plant.
In the prior six months only 85.14 million gallons were pumped from the river. The usage jumped by more than 27 per cent in the latest six month period.
US Nitrogen, meanwhile, filed notice with the Tennessee Department of Environment and Conservation, of its intent to conduct tests that could result in 22,000 gallons of hydrostatic water being discharged from an opening in a section of that 12-mile pipe.
Hydrostatic water is normally used to detect leaks or weaknesses in pipelines.
US Nitrogen officials did not respond to a series of questions about the testing including the reason for conducting the tests.
According to the notice filed by US Nitrogen with TDEC the test water will be discharged from the pipeline 1,000 feet southeast of Lick Creek in the right of way along McDonald Road, about 1,800 feet from the Beulah Baptist Church.
The notice filed by the ammonium nitrate manufacturer states that "water flow will be maintained at a rate to minimize erosion. Hay bales and silt fence will be used to minimize TSS (Total Suspended Solids)."
The filing does not state exactly when the tests will be conducted but it does state that they will be completed by April 30 of next year.
Contact: wfrochejr999@gmail.com.

Thursday, October 1, 2020

USN To Discharge 22,000 Gallons of Test Water

By Walter F. Roche Jr.

A Greene County chemical firm has notified Tennessee environmental officials that it is planning to discharge some 22,000 gallons of test water from a 12-mile pipeline running from the Nolichucky River to Midway.
In papers filed this week with the Tennessee Department of Environment and Conservation US Nitrogen LLC said the hydrostatic test water would be discharged 1,000 feet southeast of Lick Creek in the right of way along McDonald Road. The site is about 1,800 feet from the Beulah Baptist Church.
The filing by US Nitrogen plant manager Dylan Charles does not indicate the reason for the test, but the test water is generally used to test for leaks. It can also be used to determine the strength of a closed vessel such as a pipeline.
The 12-mile pipeline is used by the ammonium nitrate manufacturer to draw millions of gallons of free water from the Nolichucky River for use in the manufacturing process.
The "Notice of Intent" does not make clear when the tests will be performed. In response to a question about the timing of the discharge, US Nitrogen wrote Sept. 24, 2020 to April 30, 2021.
The application states that "water flow will be maintained at a rate to minimize erosion."
"Hay bales and silt fence will be used to minimize TSS (Total Suspended Solids)," the application continues.
An attachment to the permit notice mispells the town of Moshheim as Moshiem.
The filing also indicates that the water treatment plant utilized by US Nitrogen is owned by the Industrial Development Board of Greeneville and Greene County and the filing is being made in behalf of the IDB.
The company use of the pipeline has been controversial and resulted in multiple law suits. The company settled one of those suits with landowners who charged the pipeline infringed on their properties.
In addition to the 12-mile pipeline drawing water from the river, a separate 12-mile pipeline is used to send unused water back into the river.
A permit for that second pipeline is up for renewal at the end of this month.
Contact: wfrochejr999@gmail.com