2nd Violation Notice Issued to US Nitrogen

By Walter F. Roche Jr.


Tennessee environmental officials have issued another violation notice to US Nitrogen, citing the company for failure to submit required test results on its nitric acid plant.
In a two-page letter to Andrew Velo, US Nitrogen's plant manager, James P. Johnson of the Tennessee Department of Environment and Conservation, wrote that the required testing data had not been submitted and a formal notice of violation was being issued.
Citing the requirements of US Nitrogen's permits, Johnson wrote, "As of May 4, 2017 the division has not received reports on the RATA or IPTs."
US Nitrogen officials had advised TDEC that it could not meet the deadline and had requested a second extension. TDEC, however, denied the request last week.
"Because the extended deadline to test of April 29 has passed, it will be necessary to put your company on a schedule of compliance to submit the required testing," the letter continues.
The notice, dated May 5, is the second violation notice to the Midway chemical company. In a May 3 notice US Nitrogen was cited for failure to issue annual status reports on time. TDEC said the reports were issued 31 days past the deadline.
In the latest notice TDEC is asking US Nitrogen to propose a schedule under which it will come into compliance by completing the required tests and submitting the results.
"Please propose a schedule for our review outlining when each of the aforementioned  test requirements will be finalized and submitted to the Division of Air Pollution Control," the letter states, adding that the response must be submitted by May 10.
"If you have any information that proves the violation did not occur, or if you have additional information regarding this violation that you would like to submit, submit the information in writing," the notice concludes.
Contact: wfrochejr999@gmail,com

US Nitrogen Cited For Tardy Permit Reports

By Walter F. Roche Jr.

US Nitrogen has been cited by state environmental officials for late filing on reports required under four of their construction permits.
In a two-page letter dated Wednesday, an official of the Tennessee Department of Environment and Conservation said the reports were filed 31 days past the March 31 due date.
The notice marks the second time this week that the Greene County chemical firm has been cited for the late filing of reports required under state issued permits.
In the letter Amanda Davis, a TDEC manager, wrote that US Nitrogen officials could present evidence that no violation had been committed.
TDEC records show the reports covering activities during 2016 under the permits were filed this week.
The reports include details of compliance with the permits for the nitric acid plant and the operation of a steam generating boiler among others.

Residents Riled By TDEC Decision

By Walter F. Roche Jr.

For some residents of northeast Tennessee, action this week by the Tennessee Department of Environment and Conservation was the last straw.
In a decision finalized early this week the state agency concluded that despite multiple violations of its permits over a nine month period no fines will be imposed on US Nitrogen, the Greene County subsidiary of an Ohio based explosives company.
In a three-page letter to US Nitrogen, Michelle W. Owenby, head of TDEC's air pollution control programs, wrote that after reviewing incidents dating back to August of last year, she had
decided to exercise her discretion and waive any fines. She said the fact that US Nitrogen "self reported" the incidents was a factor.
Ann Harris, a local resident calls that "a farce," noting that it was local residents who sounded the alarm in the most recent failed start up effort which triggered a response from emergency management personnel.
Donahue Bible of Mohawk could only watch as a pipeline was installed on the edge of his property two years ago. The pipeline is used to draw millions of gallons of free water from the Nolichucky River for US Nitrogen's use  in the production of ammonium nitrate.
Bible said it was no surprise that the company got what it wanted, noting that Gov. Bill Haslam was on hand when the company announced it was coming to Greene County.
Eddie Overholt, who got hauled off to jail when he complained that no one could hear what was going on at an early public hearing on the US Nitrogen project said he wasn't surprised either.
"Having been involved in this almost from the beginning I am not surprised. We have been thwarted at every turn and my suspicion is pressure from Nashville. I was amazed to learn, on this last gas leak, that there were no alarm systems for the nearby factories and residents."
The charges against Overholt were eventually dropped.
The incidents cited by Owenby in her letter include a failed Aug 23, 2016 attempt to start up a nitric acid plant. Toxic fumes spewed from the plant producing a large orange cloud that hung over the company's 50 acre site in Midway, Tenn. That set off a wave of anxious calls from area residents as  Harris noted.
According to Owenby's letter the permit violations by US Nitrogen included two events in August of last year including the Aug. 23 release.
But citing US Nitrogen's "good faith efforts shown by self disclosure" of an Aug. 3 event, Owenby added, "I have elected to  take no action regarding this violation."
She said modeling of the Aug 23 incident showed that despite the very visible cloud, the emissions did not exceed standards.
Following the Aug. 23 orange cloud incident, according to Owenby's letter, US Nitrogen promised to notify the agency in advance on future startup efforts and state inspectors were on hand to witness the subsequent efforts.
In the same three-page letter Owenby, did cite the Midway firm for being 80 days late in certifying its 2016 plan for dealing with excessive accidental emissions.
Noting that the certification was only submitted on April 2 and after TDEC had notified the company the certification was overdue, Owenby wrote that she has yet to determine whether a penalty will be imposed for the tardy filing.
The TDEC action Monday follows the notification late last week that TDEC denied a US Nitrogen request for an extension of a deadline until the end of this year to complete performance testing on its nitric acid plant, a key element in the production of ammonium nitrate.
In a statement issued today, US Nitrogen said the denial would not deter the company from going forward towards running the plant at full capacity.
"We will continue to work closely with TDEC to complete the last steps in the required testing," the company said in the statement, adding, "US Nitrogen does not believe this will affect the operational status of the nitric acid plant."
US Nitrogen said that it was in compliance "with the majority of the requirements of the existing nitric acid plant air permit...The testing process will not affect our emissions and, therefore, not adversely affect air quality in the vicinity of the plant."
Contact: wfrochejr999@gmail.com








Tennessee environmental officials have notified US Nitrogen that they will not impose fines on the Greene County chemical company despite a series of violations of its permits that occurred since August of last year.
In the same three-page letter Michelle Owenby, chief of the air branch of the Tennessee Department of Environment and Conservation cited the Midway firm for being 80 days late in certifying its 2016 plan for deadling with excessive accidental emissions.
Noting that the certification was only submitted on April 2 and after TDEC had notified the company the certification was overdue, Owenby wrote that she has yet to determine whether a penalty will be imposed for the tardy filing.
The TDEC action today follows the notification late last week that TDEC denied a US Nitrogen request for an extension until the end of this year to complete performance testing on its nitric acid plant, a key element in the production of ammonium nitrate.
According to Owenby's letter the permit violations by US Nitrogen included two events in August of last year including the Aug. 23 release.
Citing US Nitrogen's "good faith efforts shown by self disclosure" of an Aug. 3 event, Owenby added, "I have elected to  take no action regarding this violation."
She said modeling of the Aug 23 incident showed that despite the very visible cloud, the emissions did not exceed standards.
Following the Aug. 23 orange cloud incident, according to Owenby's letter, US Nitrogen promised to notify the agency in advance on future startup efforts.
As a result state officials were on hand for start-up efforts on Sept. 6, Sept. 20, Oct. 11, Jan. 17 and April 4.
"It has been determined that during the start-up events described, you promptly shutdown and/or curtailed production of excessive emissions and determined that they could not be minimized by process adjustment alone," Owenby wrote.
Stating that the public health and welfare were not jeopardized, Owenby said she would not impose any penalties for any of those incidents.
As for the late filing of the accidental emissions certification, Owenby told US Nitrogen to submit evidence that a fine would not be justified.
Contact: wfrochejr999@gmail.com

As long as Bill Haslam is Governor of Tennessee, and Herbert Slatery is his “co-signing” State Attorney General...I don’t think US Nitrogen has anything to worry about, concerning the recent unfavorable ruling by TDEC.

In my opinion, this has been clearly demonstrated from day-one when this “bait and switch operation” was unveiled to the Greene County Commission in the governor’s presence, at the meeting at the General Morgan Inn in Greeneville. It was there that US Nitrogen (Austin Powder Company) Vice President and Chief Financial Officer, James Boldt, led the the Greene County Commissioners to believe, that US Nitrogen would be buying large amounts of water from a Greene County local utility district at Mosheim....knowing...I believe...full-well of their future plans to invade the banks of the Nolichucky River for free water, and industrial waste disposal.

The influence of the governor, I believe, once more came into play...several months later when the legal department of TDOT’s First District in Knoxville ruled...against the use of two rights of way along State Routes 348 and 340 in Greene County to run the two US Nitrogen pipelines, 12 miles to the Nolichucky River...deeming the project “not legal.” This too, was “fixed” by the governor in well less than one month...and the pipelines are there today.

There are several other examples I could relate, of what I believe, was direct intervention in behalf of US Nitrogen by our Tennessee governor.

I speak from the experience of a Greene County land-owner who stood by and watched armed Greene County Sheriff’s Department employees stand guard, as the dual pipelines were placed across over 1700 feet of our property frontage, along Tenn. State Route 340 (Fish Hatchery Road).

With this kind of intervention history from the office of Tennessee’s governor...why should US Nitrogen be concerned about refusal of a TDEC permit? Incidentally, I have been a registered Republican voter in Tennessee for well over 50 years. Politics has no bearing, on my opinion or comments here.

Donahue Bible

Mohawk, Greene County, Tennessee

WR

walter roche

Today, 2:27 AM

Hello: I am working on a story about the latest developments with US Nitrogen and TDEC. The Tennessean is finally interested, I think. Could you give me a comment on on the record about TDEC deciding not to impose any fines? Thanks

This kind of cheerleading by TDEC shows just how TDEC has become irrelevant in the US nitrogen plant. An employee was airlifted to Augusta, GA in chemical accident, with severe burns, air accidents sprayed into community, now cannot even meet the basic tests for a start-up and then this most recent accident with the acid spill where members of the community had to self report to local authorities! TDEC's Ms Owenby has the nerve to state that US nitrogen has been self reporting! That is such a farce. And the Greene County Industrial Board(IDB), County Mayor, and chair of the IDB, are standing idly by wringing their hands, while members of the Midway/Mosheim communities are declared to be "collateral damage"! US nitrogen, county officials and TDEC have determined that members of these communities have no value! A plant that clearly TDEC does not have any interest or expertise in the oversight of the permits nor the safety of the plant and or employees. For TDEC to take this position that it is OK for these Austin Powder owners to run at will and with impunity is now bordering on criminal positions, in my opinion. How many people have the information that US nitrogen is operating with a federal permit given by Homeland Security and is an "explosives" plant? Why is TDEC being so cavalier about this plant? For TDEC and the local authorizes to be so absent while US nitrogen puts human lives at risk is truly mean and shameless. No emergency notification in place! Nor any evacuation plan for the three schools that would be affected by such an accident. How cruel can these people get? It is being done with malice and intentional efforts, I feel. What a load of horse hockey being sold as a jobs issue by the guv of TN. Haslam will not go unnoticed in this fiasco.



Posted by Ann Harris to Controversy Surrounds Greene County Project at May 3, 2017 at 9:32 AM

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US Nitrogen Says It Will Forge Ahead

By Walter F. Roche Jr.

Officials of the US Nitrogen say they will move ahead with their Greene County operations despite the denial of a permit extension by the Tennessee Department of Environment and Conservation.
In a statement issued to the media today the ammonium nitrate manufacturing firm said that despite the denial of a request for additional time to conduct tests on a nitric acid operation, they expect to be able to continue the startup of full operations.
"We will continue to work closely with TDEC to complete the last steps in the required testing," the company said in the statement, adding, "US Nitrogen does not believe this will affect the operational status of the nitric acid plant."
The decision to deny the request was made last week in a letter to US Nitrogen's plant manager Andrew Velo.
On Monday the same state official informed Velo that no financial or other penalties would be imposed on US Nitrogen despite multiple permit violations. Those included the emission of toxic nitrous oxide gases, one of which produced a large orange cloud that hung over the company's Midway complex.
In the statement today US Nitrogen said that it was in compliance "with the majority of the requirements of the existing nitric acid plant air permit...The testing process will not affect our emissions and, therefore, not adversely affect air quality in the vicinity of the plant."
Contact: wfrochejr999@gmail.com

TDEC Won't Fine US Nitrogen for Violations

By Walter F. Roche Jr.

Tennessee environmental officials have notified US Nitrogen that they will not impose fines on the Greene County chemical company despite a series of violations of its permits that occurred since August of last year.
In the same three-page letter Michelle Owenby, chief of the air branch of the Tennessee Department of Environment and Conservation cited the Midway firm for being 80 days late in certifying its 2016 plan for deadling with excessive accidental emissions.
Noting that the certification was only submitted on April 2 and after TDEC had notified the company the certification was overdue, Owenby wrote that she has yet to determine whether a penalty will be imposed for the tardy filing.
The TDEC action today follows the notification late last week that TDEC denied a US Nitrogen request for an extension until the end of this year to complete performance testing on its nitric acid plant, a key element in the production of ammonium nitrate.
According to Owenby's letter the permit violations by US Nitrogen included two events in August of last year including the Aug. 23 release of a large orange plume of nitrogen dioxides.
Citing US Nitrogen's "good faith efforts shown by self disclosure" of an Aug. 3 event, Owenby added, "I have elected to  take no action regarding this violation."
She said modeling of the Aug 23 incident showed that despite the very visible cloud, the emissions did not exceed standards.
Following the Aug. 23 orange cloud incident, according to Owenby's letter, US Nitrogen promised to notify the agency in advance on future startup efforts.
As a result state officials were on hand for start-up efforts on Sept. 6, Sept. 20, Oct. 11, Jan. 17 and April 4.
"It has been determined that during the start-up events described, you promptly shutdown and/or curtailed production of excessive emissions and determined that they could not be minimized by process adjustment alone," Owenby wrote.
Stating that the public health and welfare were not jeopardized, Owenby said she would not impose any penalties for any of those incidents.
As for the late filing of the accidental emissions certification, Owenby told US Nitrogen to submit evidence that a fine would not be justified.
Contact: wfrochejr999@gmail.com

TDEC Denies US Nitrogen Extension Request

By Walter F. Roche Jr.

Tennessee environmental officials have denied a request by a Greene County chemical manufacturer  for an eight month extension of the deadline to complete required performance testing on a nitric acid plant that has been plagued with startup problems.
In a three-page letter dated Friday, Michelle W. Owenby, technical secretary to the Tennessee Air Pollution Control Board, wrote that the adverse market conditions and other factors cited by US Nitrogen Plant Manager Andrew Velo did not meet the definition of a "force majeure" needed to justify an extension.
"Based on the information you have submitted the Tennessee Division of Air Pollution Control has concluded that the facts described in your letter do not constitute a force majeure event and an extension cannot be granted," the letter states.
In addition to adverse market conditions, Velo had cited safety, mechanical and storage problems as reasons for the needed extension.
In his March 10 letter to TDEC requesting the extension Velo stated, "There is no physical way the tests can be performed by the existing deadlines."
US Nitrogen was not immediately available for comment on the denial. The company had asked that a current testing deadline which expired today be extended to Dec. 31, 2017.
As Owenby noted the ammonium nitrate manufacturer already had been granted a one year extension last year.
In making the denial the state official cited the legal definition of a force majeure: "an event that will be or has been caused by circumstances beyond the control of the affected facility."
Examples cited include "acts of nature, acts of war or terrorism or equipment failure or safety hazard beyond the control of the affected facility."
She also noted a dictionary definition which describes a force majeure as an "event or effect that cannot be reasonably anticipated or controled."
The state's decision comes as US Nitrogen is recovering from yet another setback in the start up of the nitric acid plant, a key element in the production of ammonium nitrate. On April 19 a blown gasket caused the release of a cloud of toxic nitric acid fumes, triggering a response from state and local emergency management personnel.
An even larger toxic gas release occurred last year and produced a large orange cloud hanging over the Midway manufacturing complex.
In her letter to Velo, Owenby listed the deadlines US Nitrogen must still meet now that an extension has been denied.
Citing the factors US Nitrogen presented in support of an extension, Owenby wrote, "The information shows neither why the operationally  prohibitive nitric acid market demand could not have reasonably been foreseen when scheduling startup nor why providing the necessary amount safe temporary and/or permanent acid storage would lie beyond best efforts when considered prior to startup."
Following the March 19 emission incident, US Nitrogen did succeed earlier this week in restarting the acid plant. State officials were on hand to witness the effort.
Contact: wfrochejr999@gmail.com

US Nitrogen Restarts Nitric Acid Plant

By Walter F. Roche Jr.

The on-again off-again US Nitrogen nitric acid plant is on-again after a blown gasket caused the emission of dangerous toxic gases.
A spokeswoman for the Tennessee Department of Environment and Conservation said today that the plant was restarted yesterday and a state inspector was on hand to witness the event.
Kim Schofinski, the spokeswoman, said US Nitrogen officials informed the state that a failed head gasket on an acid heater vent was the cause of last week's emission of nitric acid vapors.
The incident triggered a response from local emergency management officials and an orange haze was visible near the Midway ammonium nitrate facility.
No injuries were reported.
Schofinski said the state investigation of last week's incident is ongoing.
Contact: wfrochejr999@gmail.com