Probe of US Nitrogen Emissions Incident Underway

By Walter F. Roche Jr.

Tennessee environmental officials have begun an investigation into the release of toxic nitrogen gases at the US Nitrogen facility in Greene County following a Wednesday evening incident.
Eric Ward, a spokesman for the Tennessee Department of Environment and Conservation, said today that it was too early to determine whether officials from the U.S. Environmental Protection Agency will also be drawn into the inquiry.
Ward said the state agency began its investigation this morning.
"It is too early to speculate at this time on any environmental impacts,  potential fines or enforcement actions as a result of this incident," Ward said in an email response to questions.
The Wednesday night incident occurred around 6:30 p.m. and, like a previous misfire, included an orange cloud of nitrogen vapors.
It prompted a late night press conference at the Midway facility by Greene County Mayor David Crum and Sheriff Pat Hankins. Both said the release had been halted by the time they reached the scene.
US Nitrogen reported that there were no injuries to employees and that company officials promptly notified state and local officials of the incident.
Around 6:30 p.m., US Nitrogen experienced a release of nitric acid vapors. The release is dissipating, and no workers were injured.
"For the safety of our workers and the community, US Nitrogen will cooperate with these agencies and will investigate the cause of the release to ensure that the issues are resolved," company Plant Manager Andrew Velo said in a statement to the media. 
Crum and Hankins said nearby residents were instructed to shelter in place until the vapors had dissipated.
Crum did say that the emissions were toxic and could have harmed anyone who came in contact with them. He also promised a local inquiry into the incident which triggered a response from emergency mangement workers.
The Wednesday incident is the latest in a series of problems the company has experienced in starting up the nitric acid plant, a key component in the production of ammonium nitrate,  the company's primary product.
TDEC is currently considering US Nitrogen's request to extend the deadline for the completion of tests on the operation of the acid plant.
Ward said TDEC's role Wednesday was to be on standby to provide technical assistance for US Nitrogen and Tennessee Emergency Management Agency personnel.
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Dangerous Nitrogen Vapors Trigger Emergency Response.

By Walter F. Roche Jr.

Toxic nitrogen vapors were released into the atmosphere late today at the troubled US Nitrogen facility in Midway, bringing a swift response from local emergency officials.
The vapor release, which was apparently quickly contained came as another effort to start up the key phase of the Greene County manufacturing operation failed yet again.
A previous effort produced an orange cloud which hung over the newly erected plant late last summer. Company officials later acknowledged that highly toxic nitrogen fumes had been released.
The latest startup effort began last week, according officials of the Tennessee Department of Environment and Conservation.
Fire officials were among those to respond today and Greene County Mayor David Crum and Sheriff Pat Hankins held an impromptu press conference declaring that the situation was under control.
"There was a nitric acid vapor release," Crum said, adding that the gas was toxic and could have harmed anyone who came into contact with it.
He and Hankins said there were no reports of injuries although residents in the area were cautioned to stay indoors.
Crum said emergency management responders were at the scene when the problem was first reported around 6:30 p.m.
Crum said that state environmental officials would be investigating and the county would also be seeking answers.
US Nitrogen released a statement acknowledging the vapor release and stating that the company alerted emergency management officials. The company said no employees were injured and they would cooperate with an investigation into the cause.
The emergency comes as TDEC is considering permit extension requests that US Nitrogen says will be needed to complete required continuous monitoring testing of the nitric acid facility. The extension requests come even as the company claimed the plant had reached full capacity.
In one state filing  however, company officials conceded that because of poor marketing conditions they would be unable to sell the ammonium nitrate and byproducts the plant could produce.

US Nitrogen Use of Nolichucky River Spikes

By Walter F. Roche Jr.

US Nitrogen began pumping water from the Nolichucky River at an increased rate in March with a total of 7.6 million gallons drawn, up substantially from recent months, according to a report filed with Tennessee environmental officials.
The report filed last week with the Tennessee Department of Environment and Conservation by US Nitrogen also show over 2.5 million gallons were discharged from the Greene County manufacturing facility during the same period.
The figures in the report come as the Midway ammonium nitrate manufacturing facility continues in its on-again off again efforts to reach full operation. Earlier this month the company, a subsidiary of Ohio based explosives manufacturer Austin Powder, reportedly managed to get a nitric acid plant to start up after several failures dating to last year.
Even as the company continues start-up efforts, it has filed permit extension requests citing poor market conditions as a cause for delays. In that filing the company said that they would be unable to sell as much ammonium nitrate as the $200 million plus plant could produce.
The delay request follows an announcement by the company claiming the plant had reached "full capacity.
The new monthly water discharge report, which is required under US Nitrogen's permit, shows nearly 2 million gallons of water were pumped from the Nolichucky on March 5 and March 16 while nearly 1.3 millions were pumped on March 4.
Smaller amounts were pumped from the river on five other days in March.
The company discharged more than 600,000 gallons into the river on two days, March 20 and 21, according to the report signed by US Nitrogen Plant Manager Andrew Velo.
In its report covering February US Nitrogen reported it pumped 2.4 million gallons back into the Nolichucky but withdrew no river water during that period. In January the company pumped 3.4 million gallons from the river and discharged 3 million gallons.
In December of last year the company discharged 1.95 million gallons into the river, but did not pump any water from the river.
The use of the Nolichucky water has proven to be the most controversial aspect of US Nitrogen's operations, with environmental groups and abutting landowners registering multiple objections.
The company has declined to respond to multiple requests for comment on its start up efforts.
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US Nitrogen Gets Flare Permit Amendment

By Walter F. Roche Jr.


Tennessee environmental regulators have given their approval to an amendment to a US Nitrogen permit that will double the number of flare start up hours allowed for each circuit of two ammonium trains.
The amendment was requested late last month and represents the eighth time that permit has been amended since it was first issued on Jan. 4, 2012.
In seeking the change, US Nitrogen stated that it would not cause any increase in pollutants "but will significantly enhance US Nitrogen's operating flexibility."
Under the amended permit US Nitrogen will be required to maintain detailed records showing total hours during which gases from start-up are vented to the flare.
The permit is just one of several the Midway company has obtained from the Tennessee Department of Environment and Conservation.
Although the company has claimed that the ammonium nitrate manufacturing facility has reached "full capacity" the firm has yet to get its nitric acid plant into full operation. Pending before the state is another permit amendment seeking an extension on deadlines for the acid production.
In one of its filings company officials acknowledged that current market conditions contributed to start up delays.
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US Nitrogen Seeks Additional Permit Change

By Walter F. Roche Jr.

US Nitrogen is asking Tennessee environmental regulators to approve yet another change easing the limits on a permit governing its controversial ammonium nitrate manufacturing facility in Tennessee's Greene County.
In a petition filed Monday with the Tennessee Department of Environment and Conservation, the company asked the state agency to double the number of flare start up hours allowable for each circuit of ammonium train start up.
The request argues that the change will not result in any increase in emissions "but will significantly enhance US Nitrogen's operating flexibility."
The petition follows another report filed by USN with TDEC showing that while the company discharged more than 2.4 million gallons of water in the Nolichucky River in February, it withdrew no water from the river during that period.
That official report came despite a press notice issued by the company that it attained "full capacity" during that same period.
Company officials have not responded to repeated requests for comment on their start-up efforts.
In another recent filing US Nitrogen officials cited adverse market conditions as a cause for delays in the actual full operation of the Tennessee facility.
Contact: wfrochejr999@gmail.com

Market Slump, Equipment Failure Cited in US Nitrogen Delay

By Walter F. Roche Jr.

Officials of US Nitrogen are citing an unanticipated  slump in the market for nitric acid and ammonium nitrate along with equipment failure as reasons state environmental officials should grant the company a second extension on completing testing on a new production facility.
In a five-page letter dated March 10, US Nitrogen Plant Manager Andrew Velo said the Tennessee Department of Environment and Conservation should grant the extension as a "force majeure," an event that was beyond the company's control and could not have been anticipated.
"The entire market for nitric acid is in a slump," the letter states.
Velo said the company considered storing the nitric acid that can't be sold on the site in temporary storage vessels such as rail cars "but we don't have room for the rail cars we need."
In addition Velo wrote that the temporary vessels"would create potential environmental and safety issues due to the additional loading and unloading of the vessels."
Velo's letter cites other cases, including a steel plant and a facility in Indiana, in which the U.S. Environmental Protection Agency allowed an extension based on a force majeure.
Velo said an additional reason an extension is needed is the problems with "equipment failures" in the emissions monitoring equipment for the nitric acid facility.
According to the letter, Velo met with TDEC officials on March 1 to discuss the extension request.
Citing the discussion at that session, Velo wrote "(T)he market for our product has changed such that we are able to produce more nitric acid and more ammonium nitrate than we can sell."
"The market conditions are beyond our control," Velo added.
He said that if TDEC does not grant the extension due to a force majeure, it still could grant an extension through its enforcement powers.
But, Velo added, if TDEC decides to do that "US Nitrogen requests that no fines be imposed."
In any case the letter concludes, "There is no physical way the tests can be performed by the existing deadline."
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TDEC Delays Posting US Nitrogen Filing

By Walter F. Roche Jr.

Nearly a month after it was submitted, Tennessee environmental officials have finally posted on the agency website a monthly Nolichucky River water withdrawal and discharge report from US Nitrogen.
The report, which shows little activity, is dated Feb. 14 but was only posted by TDEC today. The reports are usually posted mid-month.
According to the report US Nitrogen pumped a total of 3.4 million gallons from the river on four consecutive days between Jan. 14 to Jan. 17. The daily amounts ranged from 4,395 gallons to 1.2 million gallons.
Three discharges totaling a little over 3 million  gallons were reported from Jan. 5 to Jan. 8.
In seeking state approval, the company projected that at full operation nearly two million gallons per day would be drawn from the river, with more than half being discharged back into the Nolichucky.
The report indicates there has been little activity at the $200 million Midway facility despite the recent release of a press statement contending the ammonium nitrate facility had reached full capacity.
US Nitrogen has asked TDEC for an extension in meeting reporting requirements for its nitric acid plant, a key component of the operation.
A TDEC spokeswoman said US Nitrogen has agreed to notify the agency when further attempts to start up the acid plant are scheduled. State inspectors were on hand for the last failed attempt in January.
 Kim Schofinski said a startup was initiated on Jan. 17 but then shutdown.
"They are working to service the nitrous oxide continuous emission monitor before scheduling a restart of the plant," she wrote in an email.
She said US Nitrogen's extension request for the acid plant is still under review.