Tuesday, June 18, 2019

Judge Rules For US Nitrogen


By Walter F. Roche Jr,

A federal judge has ruled that US Nitrogen can get testimony from three expert witnesses who have concluded that the engineering firm hired to design a $200 million Greene County chemical plant made multiple errors.
In a 14-page ruling U.S. District Judge Michael L. Brown sitting in Atlanta ruled that US Nitrogen can use testimony by the three persons in an upcoming trial against Weatherly Inc., a Georgia engineering firm.
US Nitrogen filed the suit charging that Weatherly's errors in designing the Midway, Tenn. facility cost the chemical company some $30 million.
Brown, however, in a prior ruling, concluded that the most US Nitrogen could recover was $2.2 million, the cap included in the original contract.
Brown also denied Weatherly's motion to dismiss US Nitrogen's claims.
The three witnesses, Randy Sewall, Danny Vaughn and Gary Brannon can testify for US Nitrogen, Brown concluded.
In the 19-page ruling Brown cited Sewall's background as an engineer. He noted Sewall has concluded that Weatherly's design "was defective and insufficient for it's intended use."
"He (Sewall) opined that cracks were a manifestation of poor design, but his testimony was much broader than the cracks," Brown wrote referring to cracks that appeared in pillars.
Vaughn and Brannon, the judge wrote, had testified about ineffective plant piping in the facility.
Vaughn's methodology and opinion "was reliable enough" to meet standards set by the U.S. Supreme Court," Brown wrote.

Monday, June 17, 2019

TDEC OK's US Nitrogen Shift


By Walter F. Roche Jr.

Tennessee officials have given their approval for a Greene County chemical plant to shift the chemicals being used to partially purify millions of gallons of water the company draws from the Nolichucky River.
In a one-page letter to US Nitrogen, Vojin Janjic said the company can go ahead with its plans, but he cautioned that two of the proposed treatment plans could actually worsen an algae problem the company has been trying to eliminate.
Janjic also wrote that the approval is conditional on the company maintaining the level of pollutants being sent back to the river to a so-called de minimis level.
US Nitrogen plant manager Dylan Charles had requested approval of four different treatment scenarios in a letter dated May 20. The request, however, was not posted on the TDEC web site until late last week.
"Increased levels of phosphates were observed in the facility's effluent holding pond, causing excessive algae growth,"
Janjic wrote, adding that an anti-scalant was the apparent source.
"We support all optimization processes that would result in reduction of discharged pollutants," Janjic continued.
"We approve the proposed alternative operating scenarios," Janjic added, stressing that the approval was conditional on any pollutants in the discharge to the river must remain below de minimis level.
"It is unclear, however," Janjic added how scenarios 3 and 4 would help with phosphorous loading and corresponding algae growth."
Citing tables submitted by US Nitrogen, Janjic said it appeared that in two of the four scenarios increase phosphate loading would actually increase.
US Nitrogen draws millions of gallons of water per week for use in the production of ammonium nitrate, but the company first treats the water at a treatment plant located on land owned by the local industrial development authority.

Saturday, June 15, 2019

US Nitrogen Changing Water Treatment


By Walter F. Roche Jr.

US Nitrogen is seeking state approval to try a series of different methods of treating the millions of gallons of water it takes from the Nolichucky River which will also affect the water the company discharges back into the Eastern Tennessee waterway.
In a 16-page submission to the state Department of Environment and Conservation the company has laid out four different scenarios "that will change the characteristics of the effluent discharged to the Nolichucky River."
According to the letter the possible use of alternatives surfaced as the company undertook an effort to avoid heavy algae growth which had surfaced in a series of holding ponds used in the manufacturing process.
The letter from Dylan Charles, US Nitrogen plant manager, to Vojin Janjic, TDEC permit manager, is dated May 13 but was not posted on the agency website until Friday.
"We have learned more about the quality of the incoming water and other factors affecting the overall water balance," Charles wrote in explaining the reason for the proposed changes.
As an example, he wrote, "we discovered the phosphorous content in our effluent holding ponds was rising more than anticipated and promoting algae growth."
Stating that US Nitrogen subsequently learned that one of the chemicals used in the treatment process contained phosphorous, Charles said the company learned of an alternative chemical, an organic acid, that does not contain phosphorous.
According to the letter, TDEC was informed of the switch to the acid and approved it.
Charles then described a series of alternative operating scenarios the company plans to use on a phased basis.
In one method zinc will be used in the treatment process, while in another zinc will not. With the use of zinc, Charles continued, phosphorous levels will be lower.
Under still another alternative the cycles in the cooling towers will be reduced. In the final alternative, according to the letter, a proprietary system would be employed that would "control the biological growth more efficiently without the addition of chlorides."
Stating that each of the scenarios are consistent with the de minimus intent of the company's original application, Charles said the company was seeking "the division's concurrence" in the effort.
Attached to the letter were a series of charts showing the projected effect of each scenario on the water being pumped back into the river.
Contact: wfrochejr999@gmail.com

Friday, June 14, 2019

TDEC Approves USN Sludge Plan


By Walter F. Roche Jr.

Tennessee environmental officials have approved a plan for US Nitrogen to apply up to 10 tons of sludge per year to property the chemical company owns in Greene County.
In documents made public today but dated May 20, an official of the solid waste division of the Tennessee Department of Environment and Conservation approved a modified sludge application plan first submitted by the company in August of last year and amended in January of this year.
The sludge is produced when water from the Nolichucky River is processed at US Nitrogen's water treatment plant. The treated water is then used in the production of ammonium nitrate and other products and for use in cooling tower.
In the May 20 letter George M. Thornsbury, a TDEC official, told Kim Ryans of US Nitrogen that his division reviewed the proposal and determined it "constitutes a beneficial use of solid waste when used in the manner proposed."
The letter states that the approval applies only to the application of the sludge to 8.56 acres areas identified only as "A, B and C".
Under the approval the company must conduct an annual analysis of the sludge and an analysis for the presence of metals every five years.
US Nitrogen had previously disclosed that it hoped to find an agricultural use for the sludge otherwise it would be sent to a landfill.
In a filing in August of last year, a US Nitrogen official estimated that the water treatment plant would generate as much as 44 dry tons of sludge per year. The information was disclosed in a company response to a TDEC violation notice.
The 15,000 square foot treatment plant is actually located on land owned by the Industrial Development Board of Greeneville and Greene County. The site is approximately two miles from the intersection of U.S. Highway 11E and I-81. The plant "conveys and discharges to the river the effluent generated by the IDB WTP (treatment plant)and process related uses of water at US Nitrogen," according to the company filing.
The company plan, submitted by then US Nitrogen plant manager Andrew Velo, states, "The IDB WTP (treatment plant) process uses multiple processes and chemical additives to produce non-potable water from water withdrawn from the river."
Those processes also produce the sludge which is then pumped into two settling ponds, each capable of holding 315,000 gallons. On site there are also two effluent storage ponds with a capacity of 1.5 gallons apiece and a raw water pond, with a 7.5 million gallon capacity, the company reported.
"As needed," the plan states,"US Nitrogen will remove the sludge from the settling ponds. Based on initial dredging, the filing continues, "the quantity of sludge removed per each event is 61 wet tons or 11 dry tons."
Contact: wfrochejr999@gmail.com



Thursday, June 13, 2019

US Nitrogen Gets River Permit


By Walter F. Roche Jr.

Tennessee environmental officials have renewed a controversial permit allowing a private chemical firm to pump millions of gallons of water per week from the Nolichucky River for use in its manufacturing processes.
The permit, which is retroactive to June 4, allows US Nitrogen LLC to draw the water from a pumping station at mile marker 20.8 on the river. The 10-page permit authorizes the company to draw water at the rate of 1,350 gallons per minute. The company pays nothing for the water.
In granting the permit the Tennessee Department of Environment and Conservation said it determined the use of the water "will result in no more than a de minimus degradation to water quality and no appreciable permanent loss of resource value."
The permit application was submitted to TDEC on March 16 and was the subject of a May 21 public hearing in Greeneville.
A handful of opponents appeared at the session including Park Overall, a longtime critic of the US Nitrogen project.
The permit was signed by Jennifer Dodd, director of TDEC's division of water resources. The original permit expired June 4. The new permit expires June 3, 2024.
"The water withdrawal from the Nolichucky River is to serve as US Nitrogen's primary water supply for for cooling and process waters," the permit states.
Under the permit the company is required to maintain a daily record of the amount pumped from the river and to submit monthly reports on those records. The company must keep the records for five years.
"The permit does not authorize adverse impacts to cultural, historical or architectural features of sites," the document states.
The permit can be transferred as long as the succeeding company agrees to abide by the permit terms. The state must be informed of any transfer 30 days in advance.
The permit also requires US Nitrogen to notify the state within 24 hours of any permit violation that constitutes a threat to a public drinking water supply.
In the permit, state officials acknowledged that opponents of the project raised concerns about the impact on endangered aquatic species, but those concerns were dismissed.
The activity, the permit states "will result in an insignificant impact to all aquatic species, whether rare or not."
The river is used as a drinking water source but the water is drawn several miles upstream of US Nitrogen's pumping station. The pumping station is some 10 miles from US Nitrogen's Midway plant.
US Nitrogen also is seeking rnewal of several other permits which were the subject of recent public hearings.

Sierra Club Opposes Permit Scheme


By Walter F. Roche Jr.

A representative of the Sierra Club has challenged a move to issue separate permits for three manufacturing firms that occupy the same site in eastern Tennessee.
In a written statement sent to the state Department of Environment and Conservation, Scott Banberry of the Tennessee chapter of the Sierra Club, said he has multiple issues with the pending proposal to "de-aggregate" the permits for US Nitrogen, Yara North America and Praxair LLC.
The state agency held separate public hearings earlier this week on the three permit applications.
Banberry, who also attended one of the sessions, wrote that the combined facilities in Greene County have the potential to release "large quantities of Greenhouse gases and should be subject to limits and monitoring requirements."
"We do not believe that this permit should be broken into separate state conditional major permits," Banberry wrote.
Under the original application TDEC issued a single permit for all three companies.
Stating that the Midway operations were "obviously interconnected," Banberry said the plant should be considered a single source and be subject to permitting requirements on "Greenhouse gases as well as nitrogen oxides and other pollutants."
Banbury cited a recent study by Cornell University that showed methane emissions from ammonia fertilizer plants may be up to 100 times higher than estimates from the U.S. Environmental Protection Agency.
"Promises by the applicants that they will stay below Title V limits should be based on regular real world sampling and not paper calculations based on self reporting," Banberry continued.
He said that that TDEC should require ambient air quality monitoring and regular monthly or quarterly emissions sampling of all pollutants to assure that limits are not being exceeded.
Banbury said he concurs with the concerns expressed by Howard Gebhart, an environmental consultant, who submitted detailed objections to the permit proposals and urged TDEC to place additional monitoring and reporting requirements on the three companies.
Gebhart who was retained by local environmental activist Park Overall, said the permits as proposed violate state regulations and could result in the tripling of some emissions. Citing the multiple complaints from local residents, he said that monitoring in the local community was necessary to determine the plant's impact on local citizens.
Contact: wfrochejr999@gmail.com.

Sunday, June 9, 2019

US Nitrogen Air Permits Challenged


By Walter F. Roche Jr.

An environmental expert says the air pollution control permits being proposed for a Greene County chemical company don't comply with state regulations and would result in some emissions being tripled.
In a seven-page letter sent to the Tennessee Department of Environment and Conservation, D. Howard Gebhart of Air Resource Specialists, said the agency should withdraw the proposed permits and conduct extensive testing before proceeding. The letter also warns that under the terms of the proposed permits there will be no way to verify that the company's emissions are being kept below prescribed limits.
Gebhart, who was retained by local activist Park Overall, said that TDEC in drafting the permit failed to take into account the impact of US Nitrogen's emission "on the health and welfare of citizens living in the vicinity of the plant."
US Nitrogen, which manufactures ammonium nitrate and other chemical products, is seeking a Conditional Major Operating Permit, which will replace seven construction permit held by the firm since its opening.
The operating permit and related construction permits are in addition to the permit that TDEC issued to US Nitrogen to draw millions of gallons of water per week from the Nolichucky River. TDEC has also issued a draft to renew that water permit which was the subject of a recent public hearing,
In his letter Gebhart noted there have been numerous complaints from local residents about emissions from the Midway chemical facility.
"Through its initial operations US Nitrogen has also shown an inability to consistently comply with the terms and condition of the air quality permits issued by TDEC," he wrote, adding that numerous notices of violations and enforcement actions have been recorded.
Gebhart said TDEC should require the company to install and operate an ambient air quality system in the community to record nitrogen oxide levels and levels of particulate matter caused by ammonia production.
"Ammonia and nitric acid are the major chemicals produced by US Nitrogen and exposure to these emissions can have serious health consequences to members of the local community, especially if such emissions are otherwise unregulated by TDEC," Gebhart cntinued.
The relaxed fuel consumption limits proposed under the permit would allow the steam generating boiler to triple its allowable emissions, the letter states, adding that there was no evidence TDEC has evaluated the planned increases.
"TDEC cannot allow any emission increases at US Nitrogen without first conducting a technical review to document that proposed emission increases will not cause or contribute to an exceedance" of existing standards, Gebhart wrote, adding that an air quality modeling analysis should be completed before approval of the proposed permit. In addition, he said, that analysis should be made public and subjected to a public review and comment.
In fact, he said TDEC should withdraw the proposed permit and conduct modeling studies before issuing a revised version that would then be subject to a 30 day public review.
Calling TDEC's analysis thus far "incomplete," Gebhart said "a full and complete technical analysis" should be completed prior to issuing a new draft proposal.
The letter lists specific issues with the cooling tower, the steam generating boiler, the nitric acid plant and the anhydrous ammonia production plant including the fact that the permits "simply assume" US Nitrogen will comply with permit conditions. Calling that "unacceptable," Gebhart said TDEC should require periodic testing by an approved method to ensure compliance.
"The draft permit is deficient without ammonia monitoring for the water in the cooling tower," he said.
As for the nitric acid plant Gebhart wrote that provisions of the draft conflict with mandated monitoring standards.
As for ammonia emissions, he wrote, that compliance testing is "absolutely needed," because pollution control equipment in use at the plant is expected to degrade over time.
Stating that his recommended changes will make the permits "more protective of public health, Gebhart said that as written in the draft the permits "lack adequate and complete monitoring data for US Nitrogen to prove compliance."
The permits, including those proposed by two other companies, Praxair and Yara USA, that co-occupy the Midway site, will be the subject of public hearings tomorrow and Tuesday in the gymnasium at West Greene High School. Tomorrow (Monday's) hearing at 7:30 p.m. will be preceded by an information session at 5:30 p.m.
On Tuesday a hearing will be held at 5:30 p.m. for the permits sought by Praxair. It will be followed at 6:30 with a hearing on the Yara permit applications.

Thursday, June 6, 2019

TDEC Indicates USN Permit Approval


By Walter F. Roche Jr.

Tennessee environmental officials have indicated approval of a renewal of a controversial permit allowing a private company to take millions of free water a week from a major waterway, which is also the source of drinking water for area residents.
In a draft permit posted this week, the Tennessee Department of Environment and Conservation said it has once again determined that US Nitrogen's continued use of the Nolichucky River will have a de minimus or minimal effect on the river.
In the draft TDEC acknowledged that it has not conducted any additional testing of the effect on endangered species in the waterway since 2014 before US Nitrogen began its operations.
"There have been no follow-up investigations for mussels since the issuance of the original water withdrawal permit," the document states.
"The Division does not recognize a need for a follow-up based solely on the de minimus impact of the water withdrawal," the draft states.
The draft does state that several other rare species were detected nearby in the river. Those include the Spectacalecase mussel, the Snuffbox mussel and the Oyster mussel. But, the draft continues the determination of a minimal impact "denotes an insignificant impact to all aquatic species whether rare or not."
The draft states that US Nitrogen under the permit cannot draw water from the river at a rate in excess of 1,350 gallons per minute. The company must also record daily and monthly totals of the water withdrawn.
In addition the state permit is contingent on US Nitrogen obtaining related permits from the Tennessee Valley Authority and the U.S. Army Corps of Engineers.
"The water withdrawal from the Nolichucky River is to serve as US Nitrogen's primary water supply for cooling and process water,"the draft states.
The permit requires US Nitrogen to self report any violations of the permit conditions.
"In the case of any non-compliance which could cause a threat to public drinking supplies or any other discharges which could constitute a threat to human health" the incident must be reported to TDEC within 24 hours of its discovery
Under the permit US Nitrogen can transfer the permit to another party as long as the state is informed 30 days in advance and the party assuming the permit commits to complying with its provisions.
The ownership of a party taking over the permit must also be disclosed to TDEC
The draft states that an appeal of the approval can be submitted up to 30 days after public notice of its approval. The appeal must state the provision of the permit being appealed and the legal basis for the appeal.
Contact: wfrochejr999@gmail.com