Excess Magnesium Runoff Reported at US Nitrogen Site

By Walter F. Roche Jr.

An official of US Nitrogen has reported to Tennessee regulators that storm water runoff at its Midway site exceeded by more than 100 times the national cut off on concentration limits for magnesium.
In a Sept. 18 letter to the state Department of Enviroment and Conservation, Justin Freeark, US Nitrogen plant manager  reported the high magnesium concentrations were recorded at three separate locations.
The two-page letter did not specify when the high readings were recorded, but the company said in a statement that the readings came in a recent annual test required under its state permit.
"Magnesium concentrations of 6.44 milligrams per liter (mg/L), 8.54 mg/L and 12.3 mg/L were reported, respectively. The cut-off concentration for magnesium is 0.64 mg/L," the letter to TDEC states.
Freeark noted that the plant, which will produce ammonium nitrate, is not yet in operation. Company officials have announced a phased in start-up pegged to begin by year's end.
In the letter, which was sent to TDEC's regional office in Johnson City, Freeark added, "Once operations do begin, industrial activities at the facility will not utilize magnesium or materials containing notable levels of magnesium."
According to the letter, the company suspects the high concentrations comes "from background concentrations, potential fertilizer application, and/or from water flowing through or across rock."
Freeark stated that magnesium levels exceeding the benchmark level "have been detected in water samples collected in the Nolichucky River and other area surface waters."
In a footnote, Freeark reported that magnesium levels of 4.5 mg/L were found in test samples from the Nolichucky and 2.6 mg/L in Greeneville's public water supply. Those samples were tested and collected by a private firm on contract to US Nitrogen.
He also disclosed that magnesium was a component of the fertilizer applied on the site to establish a permanent vegetative cover.
In the statement issued today, US Nitrogen noted that the test result were "self reported." The company stated that the benchmark standard "is not locally adjusted to account for existing levels of magnesium in the Greene County environment."
The company added that since this was the first annual report, it was the first time that magnesium levels have been recorded.
"US Nitrogen would emphasize that the company has not begun operations and therefore, the magnesium levels could not have come from any of its processes.
"Based on an investigation, US Nitrogen has submitted to TDEC that the reasons behind the magnesium levels are primarily from pre-existing background concentrations," the company statement concluded.
Contact:wfrochejr999@gmail.com

Nolichucky Discharge Permit

PUBLIC NOTICE The TDEC Division of Water Resources (DWR) proposes to issue a water quality National Pollutant Discharge Elimination System (NPDES) permit: Applicant: Denzil Bowman Wastewater Treatment Plant (Greeneville STP) Permit Number: TN0021229 Permit Writer: Jim McAdoo Rating: Major County: Greene EFO Name: Johnson City Location: 4520 Old Asheville Highway City: Greeneville, Tn Activity Description: Treatment of municipal sewage in an activated sludge plant followed by final settling clarifiers with chlorination Effluent: Treated municipal wastewater from Outfall 001 Receiving Stream: Davy Crockett Reservoir at Nolichucky River mile 47.5 Latitude: 36.11 Longitude: -82.84 The proposed permit contains limitations on the amounts of pollutants to be discharged, in accordance with Federal and State standards and regulations. Permit conditions are tentative and subject to public comment. For more information, or to review and/or copy documents from the permit file (there is a nominal charge for photocopies), contact Jim McAdoo at (615) 532-0684 or the Johnson City Environmental Field Office at (423) 854-5400. To comment on this permit issuance or proposed conditions submit written comments to TDEC-DWR, William R. Snodgrass - Tennessee Tower, 312 Rosa L. Parks Avenue, 11th Floor, Nashville, Tennessee 37243. Comments should be received within 30 days from the Legal Notice and should include the applicant name and NPDES Number. Interested persons may request a public hearing on any application. The request must be filed within the comment period and must indicate the interest of the filing party and reasons for the request. If there is significant interest, a hearing will be held pursuant to Rule 0400-40-05-.06(9)a, and the Director will make determinations regarding permit issuance. 9/24/15
----------------
PUBLIC NOTICE The Town of Greeneville requests proposals for purchase and redevelopment of approx. 100 acres on Hwy. 172 in Hardin Industrial Complex. The Town is seeking developers, businesses or individuals who can provide private capital investment to the property and generate strong employment opportunities for Greeneville residents. For more information, visit www.greenevilletn.gov, click on "Town Government" and "Bid Portal." Proposals to purchase/lease must be mailed or hand-delivered to: Town Hall, Attn. Todd Smith, City Administrator, 200 North College Street, Greeneville, TN 37745. Deadline for receipt of proposals is 10 a.m. (EDLST) Oct. 1, 2015. 9/17/15

IDB Votes to Accept US Nitrogen Settlement

By Walter F. Roche Jr.






With only one dissenting vote the Industrial Development Board of Greeneville and Greene County has voted to accept the proposed settlement of a lawsuit challenging the legality of a key element of the US Nitrogen project.
The panel gave its expected approval after opponents of the project, including Park Overall, expressed their strong disapproval.
Charging that the IDB action violated its bond agreements, Overall said the agreement would not benefit Greene County or its citizens.
"This is not legal representation, this is corruption" she said in a prepared statement.
Casting the lone opposing vote was Greene County Mayor David Crum. Jerry Fortner, whose firm was a major contractor for the project abstained.
Among those voting in favor was J.W. Douthat, whose company sold extensive property to US Nitrogen.
US Nitrogen paid nearly $1 million for 2 Douthat properties. It later sold one of them, a 78.7 acre tract, to a third party for $550,000 a loss of about 35 percent.
Under the settlement the Old Knox Utility District will drop its objections to the free use of Nolichucky River water by US Nitrogen. Old Knox also will allow two other companies, Yara North America and Praxair, to use water from the Nolichucky. The specific language of the agreement would allow the substitution of another company for Praxair.
The suit filed for the utility district had challenged the legality of an arrangement allowing the companies to bypass the utility, thus avoiding the need to purchase water from the district.
The 11-page settlement agreement already has been approved by the utility district and US Nitrogen officials have announced their approval.
Any other companies seeking to use the pipeline would be required to give the utility district a 60-day right of first refusal to provide any needed services.
Also included in the settlement is a one time payment of $50,000 by US Nitrogen to the district, but half of that total would be set aside for services or improvements benefiting US Nitrogen or the other two companies.
US Nitrogen also has agreed to pay the district a minimum of $10,000 a month for potable water purchased from the district.
The settlement awaits only the approval of a judge to be finalized. The Old Knox Utility District already voted for its approval and US Nitrogen has also given its assent.
Contact: wfrochejr999@gmail.com

Opponents Prepare for IDB US Nitrogen Vote

By Walter F. Roche Jr.

With a key vote just days away, opponents of the $200 million US Nitrogen project are signing up for a chance to voice their concerns to the Industrial Development Board of Greeneville and Greene County.
The IDB has set an 8:30 a.m. meeting time on Wednesday to vote on the settlement of a suit that challenged the legality of a major aspect of the project: the free use of millions of gallons of water per day from the Nolichucky River.
Those wishing to speak at the session must notify the mayor's office at 798-1766 by 9:30 a.m. Tuesday.
Among those who have signed up to testify are Park Overall and Scott Hurley, an attorney who represents several of the US Nitrogen project. The vote comes as the  plant, which will produce tons of ammonium nitrate per week, is nearing operational status.
Under the settlement the Old Knox Utility District will drop its objections to the free use of Nolichucky River water by US Nitrogen. Old Knox also will allow two other companies, Yara North America and Praxair, to use water from the Nolichucky. The specific language of the agreement would allow the substitution of another company for Praxair.
The suit filed for the utility district had challenged the legality of an arrangement allowing the companies to bypass the utility, thus avoiding the need to purchase water from the district.
The 11-page settlement agreement already has been approved by the utility district and US Nitrogen officials have announced their approval.
Any other companies seeking to use the pipeline would be required to give the utility district a 60-day right of first refusal to provide any needed services.
Also included in the settlement is a one time payment of $50,000 by US Nitrogen to the district, but half of that total would be set aside for services or improvements benefiting US Nitrogen or the other two companies.
US Nitrogen also has agreed to pay the district a minimum of $10,000 a month for potable water purchased from the district.
Contact: wfrochejr999@gmail.com

IDB To Vote on US Nitrogen Settlement

By Walter F. Roche Jr.

A vote on whether to accept a proposed settlement in a lawsuit challenging a key aspect of the US Nitrogen project has been scheduled for Sept. 9 by the Industrial Development Board of Greeneville and Greene County.
Notice of the 8:30 a.m. meeting of the panel was published this week. The notice also states that residents who wish to speak at the meeting must call the county mayor's office at 798-1766 by 9:30 a.m. Sept. 8.
The settlement will likely end a suit filed by the Old Knox Utility District challenging part of the US Nitrogen project that will bypass the district  by pumping water from the Nolichucky River.
The 11-page agreement already has been approved by the utility district board. US Nitrogen officials have also signaled agreement.
Under the agreement US Nitrogen, Yara North America and Praxair "or related, substitute, or other entities" will be able to use a 12-mile double barrelled pipeline to draw water from the river.
Other new companies seeking to use the pipeline would be required to give the utility district a 60-day right of first refusal to provide any needed services.
The inclusion of the two additional companies could overcome concerns by state officials that the pipeline would serve only one company. State transportation officials rejected the original pipeline proposal for that reason.
Under the agreement US Nitrogen will pay $50,000 to the utility district, but half of that total will be set aside for services or improvements to US Nitrogen and the other two companies.
In addition to the $50,000 payment, the agreement calls for US Nitrogen to provide a monthly $10,000 guaranty of payments for potable water that will be used at the Mosheim facility.
Contact: wfrochejr999@gmail.com

US Nitrogen Contractor No Longer Qualified In Tennessee

By Walter F. Roche Jr.


A South Carolina company on contract to provide security services to US Nitrogen had its charter to conduct business in the state of Tennessee revoked early this year.
State corporate records show ASG or A Services Group LLC had its authority to conduct business in Tennessee revoked by state officials on Jan. 14, 2015. Filings say the action was taken due to ASG's failure to file an annual report with state tax officials.
Earlier this week US Nitrogen announced it had hired new security personnel who would be working with ASG, which already was under contract with the Greene County ammonium nitrate manufacturing firm.
In a statement issued Wednesday in response to questions about ASG's corporate status, US Nitrogen said that ASG's status had been checked before it was brought on as a subcontractor.
"When US Nitrogen began its relationship with ASG the company was in good standing with the state of Tennessee," the company statement reads.
US Nitrogen officials said ASG has informed them that they are currently working to renew a state business license "that lapsed due to late paperwork filed during an office move."
"US Nitrogen has been assured by ASG that the company has submitted all necessary materials to the state to renew its license. US Nitrogen will follow up to confirm that the company has returned to good standing with the State of Tennessee and will evaluate any further action, as needed," the US Nitrogen statement concluded.
Tennessee corporate records from prior years list Dann Steadman of Greeneville as the resident agent, while Walter A. Glenn of Conway, S.C. is listed as a corporate officer.
US Nitrogen officials have stated that actual operation of the $200 million plant will begin later this calendar year.
Contact: wfrochejr999@gmail.com

US Nitrogen Brings On Security Team, Preparing for Startup

By Walter F. Roche Jr.

Officials of US Nitrogen announced today they have hired eight persons who will serve as a permanent security staff for the $200 million Greene County facility.
The hires were announced by Justin Freeark, the company's top official, who also disclosed that a total of 85 employees have been hired to man the plant which will produce ammonium nitrate.
"Our Team is ready" Freeark said in a prepared statement. He added that more than 85 percent of those hired reside in Greene County.
He said some of those employees have been training for over a year.
A company spokeswoman said actual production will begin on a phased basis later this year.
According to the company statement, the new security personnel will be working along with a private security company, A Services Group, already working for US Nitrogen.
The announcement comes as legal challenges to the new facility and a controversial pipeline are making their way through the courts. Last month the state appellate court rebuffed an appeal by one group challenging the legality of the project.
The court found that the appeal had been filed a day after the deadline.
Other challenges include a case pending in Davidson Chancery Court and suits by local residents.
Contact: wfrochejr999@gmail.com