Pilot Gets 2nd Citation Under Haslam

By Walter F. Roche Jr.

Tennessee environmental officials have issued a violation notice for a Pilot Flying J facility for only the second time since Gov. Bill Haslam, whose family owns the truck stop firm, took office in early 2011.The notice along with a $3,200 fine was issued May 10 for a Pilot Flying J. facility in Greeneville.According to the notice issued by the Tennessee Department of Environment and Conservation the violation was discovered during an inspection on Nov. 25, 2016 of the Greene County facility.The inspection showed piping for an underground fuel storage tank failed to include an automatic leak detection device. Also missing from the truck stop at 11190 Baileyton Rd. in Greenevile was a required shear valve anchoring device.The original 10-page complaint against Pilot was issued in the name of TDEC Commissioner and Haslam appointee Robert J. Martineau.According to TDEC records the last time a citation was issued against the Knoxville, Tenn. truck stop firm was on Nov. 25, 2013 for a facility in Pioneer, Tenn. The company was fined $2,000 for failure to have required overfill protection.  The next oldest citation came on Nov. 8, 2010, about two months before Haslam took office. In fact 10 violation notices were issued against Pilot in 2010 alone.TDEC records show Pilot had corrected the recent deficiencies at the Greeneville station by Dec. 7 of last year.

Asked about the citation and whether Pilot might have received favorable treatment the company issued a statement indicating that the long gap in citations was due to the company's diligence. 

"Pilot Flying J fuel tanks are inspected regularly nationwide. The company works hard to ensure that our tanks are always in compliance. When that occurs, we address the issue promptly and thoroughly," the company statement said.

The violation notice issue in November of 2010 was for a Pilot facility in Maryville Blount County. The firm was fined $3,500. 

Pilot is headed by James A. Haslam, the brother of Tennessee Governor Bill Haslam. Bill Haslam, a former Pilot executive, still has an ownership interest in the company. 

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US Nitrogen Violations Detailed

By Walter F. Roche Jr.

Records from the town of Mosheim show US Nitrogen was found in violation of rules for the local water treatment plant on 27 occasions earlier this year and the company was fined $14,700 as a result.
The violations were detailed in a letter from Mosheim Mayor Thomas L. Gregg Jr. to Andrew Velo, US Nitrogen's plant manager.
According to the letter the effluent pumped by US Nitrogen into the local treatment plant exceeded the allowable limits for nitrogen and phosphates.
Disclosure of the violations cited by a local government has prompted questions from long time opponents of the US Nitrogen project including Park Overall.
"Where is the Tennessee Department of Environment and Conservation, Where is the U.S. Environmental Protection Agency?" Overall asked. "Twenty seven violations, big ones, in a year."
US Nitrogen officials have not responded to requests for comment.
"What we have here is a failure to serve the people. The regulators are serving industry." she added.
In imposing the fine, Gregg noted that US Nitrogen also had prior violations.
The prior violations include exceeding the daily limit of 55,000 gallons per day for 10 days in February of 2016.
In citing the Midway Greene County firm for the latest violations, Gregg stated that US Nitrogen must recalibrate its flow meters.
The notice states that US Nitrogen had failed on three occasions to perform required retests and exceeded maximum flow limits on Feb. 13-15 of this year and again on Feb. 22.
As Gregg's letter noted the violations came under pre-treatment requirements for the Lick Creek Valley Wastewater Treatment Facility. Notice of the violations stated that they did not cause "significant damage" to the treatment plant.
US Nitrogen is not the only local company to get violation notices. Also cited was SumiRiko, The comany was fines $300.  SumiRiko Tennessee, previously known as DTR Tennessee, is located in Midway.
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Heat Exchanger Rupture Caused USN Acid Release

By Walter F. Roche Jr.

Officials of US Nitrogen say that a ruptured heat exchanger caused the accidental release of some 424 pounds of nitric acid, according to a report filed with Tennessee environmental officials.
In a two-page letter filed Friday with the Tennessee Department of Environment and Conservation and state and local emergency management, the Midway company also reported that they did not believe the release caused injury to company employees or local residents.
The release of acid vapors occurred April 19 and marked the latest in a series of missteps in the startup of the acid plant, a key element in the production of ammonium nitrate.
According to the letter from US Nitrogen an estimated 59 percent of the nitric acid released was released to the atmosphere.
The incident started at 6 p.m. and lasted four minutes, the letter states, adding that local emergency management officials were notified at 6:10 p.m.
"A shelter-in-place was issued for industry and residents in the footprint of the nitric acid vapor cloud," the letter states.
US Nitrogen said the acid was minimized when the main acid feed to the heat exchanger were isolated within four minutes from when the leak started."
The company also noted that the heat exchanger is located within a containment dike and the dike area is in as asphalt paved, "so the majority of the liquid from the heat exchanger rupture was contained."
"US Nitrogen does not believe personnel at the plant or members of the public were exposed to levels of nitric acid vapor requiring medical attention," the letter states.
US Nitrogen, a subsidiary of Ohio-based Austin Powder, produces ammonium nitrate which is then shipped to other Austin facilities for use in the manufacture of explosives.
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US Nitrogen Fined for Permit Violations

By Walter F. Roche Jr.

Citing multiple violations of its wastewater pre-treatment requirements, the town of Mosheim has imposed fines of more than $20,000 on US Nitrogen, based in Midway, Tenn.
The violations, which dated back to 2016, include discharging effluent to the town's wastewater treatment plant with excessive levels of nitrogen and phosphorous.
The largest single fine was for $14,700, according to Mosheim Mayor Thomas L. Gregg Jr.. He said that at this point US Nitrogen has not appealed the fines and violation notices.
In addition to violating the discharge limitations, US Nitrogen was cited for failing to promptly report some of those violations.
In addition to US Nitrogen Mosheim also cited DTR Tennessee for discharging water to the treatment facility with excess levels of nickel. DTR, which produces auto parts, was also cited for failing to report the excess discharge, a requirement of its permit.
According to a legal notice disclosing the town's action, the violations which occurred in 2016, were classified as "significant."
Nonetheless, the notice states that the excessive discharges did not result in significant damage to the Lick Creek Valley Wastewater Treatment Facility.
The discharges, according to the notice, violated the requirements of Mosheim's Industrial Pre-treatment program and state and federal environmental laws and regulations.
According to the notice, the two companies already have implemented corrective actions to ensure against any future violations.

LEGAL NOTICE The Town of Mosheim has established and is currently implementing an Industrial Pretreatment Program regulating industries served by the local wastewater treatment facility. In accordance with the requirements of the Environmental Protection Agency under 40 CFR 403.8 and the State of Tennessee, Department of Environment and Conservation the following industry was considered to be in significant violation of applicable pretreatment requirements during the year 2016; US Nitrogen LLC, DTR Tennessee, Inc. Incidents of non-compliance were recorded in the period starting in January 2016 and ending in December 2016. None of the above violations created significant damage to the Lick Creek Valley Wastewater Treatment Facility or threat to the environment. The industries listed are making or have made changes in effort to comply with the pretreatment regulations. Mayor Thomas L. Gregg, Jr. 4.27.17

US Nitrogen Files Late Testing Schedule

By Walter F. Roche Jr.

Officials of US Nitrogen, the Greene County chemical company, have informed state regulators that testing on a troublesome nitric acid plant won't be completed until late June, nearly two months after the original April 29 deadline.
In a letter to the Tennessee Department of Environment and Conservation Andrew Velo, US Nitrogen plant manager, said a 30 day test of the nitric acid plant's nitrous oxide emissions will begin May 22.
Following the 30 days of operation, Velo wrote that the company will compile the results and submit them to the agency.
The revised testing schedule follows TDEC's notification that US Nitrogen was in violation of its permit because all required testing was not completed despite an extension granted earlier. US Nitrogen had requested a second extension but that was denied.
In notifying US Nitrogen of the violation, state officials said they had not yet determined whether any penalty will be imposed.
"The division is evaluating the appropriate enforcement response for your company's failure to timely test and report," the May 5 letter from TDEC Deputy Director James P. Johnson states.
Velo's letter, dated Wednesday, also disclosed that a series of other tests on the plant have been completed. Some of those test results have already been submitted while others are still being compiled.
According to Velo ammonia emissions testing was completed on April 27. Also completed was a continuous emissions monitoring test on April 28.
Startup of the nitric acid plant has been delayed several times, most recently due to a blown gasket that caused the release of toxic nitrogen gases. That in turn triggered a response from emergency management agencies.
It also triggered concern from some local residents that there is currently no countywide emergency response alarm system.
In another recent development, Mosheim officials issued a notice that US Nitrogen was in violation of rules governing the operation of the Lick Creek Water Treatment facility. According to the notice US Nitrogen was one of two companies that during 2016 discharged effluent to the treatment plant that had not been properly pre-treated.
A subsidiary of Ohio-based Austin Powder, US Nitrogen produces ammonium nitrate which Austin uses in the production of explosives.

US Nitrogen Cited For Untreated Discharge

By Walter F. Roche Jr.




US Nitrogen has been cited by Mosheim officials for being in "significant violation" of pretreatment  requirements for the discharge of water into the local wastewater treatment facility during 2016.
The violation was noted in a legal notice published recently in Greene County newspapers.
Citing federal law and regulations, the notice states that the improper discharges by US Nitrogen and another company, DTR Tennessee, did not cause significant damage to the Lick Creek Valley Wastewater Treatment Facility.
DTR is an automotive parts manufacturer, while US Nitrogen produces ammonium nitrate.
Incidents of non-compliance were recorded in the period starting Jan. 1, 2016 and ending Dec. 31, 2016," the notice states.
"The industries listed are making or have made changes in effort to comply with the pretreatment regulations," the notice states.
The notice was signed by Mosheim Mayor  Thomas L. Gregg.
US Nitrogen did not respond to a request for comment.

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.
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