US Nitrogen Exec Named in Texas Environmental Records

By Walter F. Roche Jr.

The top manager at US Nitrogen's $200 million Tennessee facility was named twice in notices of violation issued to his former employer, Rentech Nitrogen Pasadena LLC by the Texas Commission for Environmental Quality.
 Two citations for exceeding pollution limits were issued by the Texas environmental agency, one each in 2014 and 2015. The company paid fines totaling $82,500, according to agency records. The citations list Andrew Velo as the "respondent" and "general site manager" for Rentech's Pasadena, Tex. manufacturing facility.
Velo was promoted to US Nitrogen's top Tennessee job of plant manager late last year. He replaced Justin Freeark, the first appointee to the post.
Velo joined US Nitrogen in March of last year and originally held the title of construction and maintenance manager, according to a company announcement of his promotion. The press release also noted Velo's prior employment with Rentech, including his service in Pasadena, Tex.
TCEQ officials cited Rentech at least two times during Velo's tenure, the records show.
In a notice issued early in 2015 Rentech was cited for "failure to comply with maximum hourly emission rates" for sulfuric acid. The limit under Rentech's permit limit was 4.4 pounds per hour, according to the citation.
 Rentech was fined $52,500 and ordered to submit plans to ensure compliance in the future. The fine was originally set at $65,250 but was reduced by $13,050 because the company agreed to an expedited settlement.
In 2014 Rentech was cited also at its Pasadena facility for failure to comply with permitted water quality limits for "Enterocci (a bacteria), total nickel and ammonia nitrogen." A formal notice of the violation was issued on June 2, 2014.
Rentech was fined $37,500, but it was reduced by $7,500 when Rentech agreed not to contest the matter.
Texas records show the company also was fined in 2010, 2011 and 2012.
Velo and US Nitrogen spokeswoman Amanda Jennings did not respond to multiple emails seeking comment on the Texas citations.
Rentech, according to public records, sold its facility in Pasadena, Tex. earlier this year to an unrelated firm. The plant produces fertilizer.
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Nashville Hearing Rescheduled to August

By Walter F. Roche Jr.

A hearing on the appeal in a suit filed by opponents of the US Nitrogen project has been rescheduled for Aug. 5 in Nashville.
Papers filed in Davidson Chancery Court show the hearing, originally scheduled for July 1, will be held before Chancery Judge Claudia Bonnyman.
Ann Calfee and other opponents of the US Nitrogen project are appealing Bonnyman's decision to dismiss the suit they filed challenging the legality of a permit issued by the Tennessee Department of Transportation allowing a pipeline to be built from the US Nitrogen plant to the Nolichucky River.
Bonnyman ruled that Calfee and the other plaintiffs did not have legal standing to challenge the permit.
Records at the Tennessee Department of Environment and Conservation show that the 12 mile pipeline has been utilized over the past several months to draw millions of gallons of water although the US Nitrogen plant has not yet begun full operation.
The suit charges that TDOT exceeded its authority when it issued the permit because US Nitrogen is not a public utility, a requirement of the statute.
In addition to Calfee other plaintiffs in the suit are Don Bible, Jack Renner, Jeremiah Cluesman, Ruth Dolin and Reuben Stone. All live along the Nolichucky and contend the pipeline will cause them actual injury.
Bonnyman ruled that none of the plaintiffs met any of the three requirements to challenge the permit.
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Press Release on US Nitrogen and Rail Cars

http://austinpowder.com/mobile-rail-car-mover-at-u-s-nitrogen/

Residents Write TDEC Opposing US Nitrogen Permit

By Walter F. Roche Jr.

Following a public hearing a dozen local residents have submitted written comments to the state urging an outright rejection or sharp limitations on a permit allowing the discharge of millions of gallons of water into the Nolichucky River.
The written comments to the state Department of Environment and Conservation (TDEC) follow a June 9 hearing in which nearly all speakers expressed opposition to the five year renewal of a permit to ammonium nitrate manufacturer US Nitrogen.
Attached to many of the letters is a response from TDEC official Vojin Janic in which he states flatly that granting the permit as proposed by his agency, will not pollute the river.
"The discharge will have no impact on the Nolichucky River or the groundwater in the area," Janic wrote in several responses.
Among those disagreeing with that conclusion was Dana Wright of the Tennessee Clean Water Network.
Stating that the permit does not address the effect the discharge will have on nutrients for fish and aquatic life, Wright wrote, "This analysis cannot support a finding of de minimis degradation with respect to fish and aquatic life."
Calling for further analysis by TDEC, Wright added, "The permit must ensure the protection of Tennessee's narrative nutrient criterion."
The letter raises concerns about the so-called mixing zones where the discharged water will meet the river and potentially impact aquatic life.
Wright noted that because of delays in the start of operations by US Nitrogen, sufficient data is not yet available to assess the impact.
Wright, like several others who submitted comments, urged the permit be limited to two years, not the five years recommended by TDEC.
Others submitting written comments include Katrina Brinkley of Midway, Melody Horton and Beth Foster.
"Please deny the permits in all areas for US Nitrogen," wrote Brinkley adding, "It's the right thing to do."
Foster wrote that granting a five year permit was not prudent when the plant hasn't even begun operations.
Barry Bales of Mosheim wrote that the state should not permit the pollution of the river "I was baptized in."
TDEC has extended the time for citizens to submit comments to July 25.
Contact: wfrochejr999@gmail.com

US Nitrogen Discharges 1.5 million Gallons to Nolichucky

By Walter F. Roche Jr.

US Nitrogen has reported to state environmental officials that it has discharged nearly 1.6 million gallons of water to the Nolichucky River through a controversial 12-mile pipeline.
The discharge report was dated June 15 and showed 806,400 gallons were discharged on May 24 and another 774,110 gallons were discharged the next day for a total of 1,580,510 gallons.
The report is the third to show large volumes of water withdrawn or discharged into the river.
According to the report the discharge was at the 20.8 mile marker on the river, the location of a pumping station operated by the company.
The report follows a lengthy public hearing held recently in Greeneville in which local residents testified against a proposed five year extension of the permit that enables the ammonium nitrate manufacturer to discharge water into the Nolichucky.
Officials of the Tennessee Department of Environment and Conservation have announced that residents have until July 25 to submit written comments on the proposed permit extension.
US Nitrogen has not announced a date when it expects to begin full operations at the $200 million facility, but the monthly reports submitted to TDEC indicate a gradual increase in activity.
According to the company some, but not all of the water drawn from the river will be used for cooling towers needed in the production of ammonium nitrate. The ammonium nitrate will be shipped to US Nitrogen's parent company, Austin Powder, for use in the production of explosives.
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Limited Permit Urged for US Nitrogen

By Walter F. Roche Jr.

A representative of an environmental group has recommended that Tennessee regulators limit to six months a renewed permit to discharge millions of gallons of wastewater into the Nolichucky River.
The proposal was offered Thursday in a lengthy public hearing on the five-year permit sought by US Nitrogen from the Department of Environment and Conservation.
One of more than a ten witnesses to testify at the Thursday session,Scott Banbury of the Sierra Club said limiting the permit to six months would give the state time to evaluate US Nitrogen's performance.
Under the permit the ammonium nitrate manufacturer would be allowed to pump several million gallons of water through a 12-mile pipeline to the Nolichucky.
US Nitrogen is in the process of gearing up for production at the $200 million Midway facility and reports filed with TDEC show millions of gallons of water already have been pumped from the river with most, but not all of it later returned.
Some of those who attended the meeting said they hoped TDEC officials would consider the alternative offered by Banbury.
US Nitrogen representatives, including attorney Michael Stagg urged approval of the five year permit.
In announcing the permit application, TDEC officials indicated they already were in favor of granting it. The public hearing was scheduled after some 14 area residents contacted the state agency and requested an opportunity to testify.
Ann Calfee, who attended the session, said Banbury also suggested that a meter be installed to measure the river flow at the point of out-take and intake.
"I don't think TDEC will change their mind," Calfee said, "but I hope they consider a six month extension instead of a five year extension to see how US Nitrogen does."
Among those to testify against the permit was local resident Park Overall, who warned of pollution of the river and said, "We don't have the water to give them."
"Your governor is playing God with your river and no one can tell you there is enough water for this industry."
Attending the session, but not testifying was landowner Don Bible who gave out copies of a statement he composed on the history of the US Nitrogen project and his efforts to have a Greene County grand jury investigate the votes that made it possible.
In the statement Bible said he believed giving testimony would only be an exercise in futility since state officials had already made up their minds to grant the permit.

US Nitrogen Permit Hearing On Tap Tomorrow

By Walter F. Roche

Opponents of the US Nitrogen project in Greene County are hoping for a large turnout tomorrow (Thursday) for a public hearing on a key permit for the soon-to-open project, but they are doubtful their testimony will change the expected outcome.
Officials of the Tennessee Department of Environment and Conservation already have given notice that they intend to grant US Nitrogen a five year extension on a permit that allows them to pump wastewater into the Nolichucky River via a 12-mile pipeline.
Ann Calfee, one of the landowners who has filed suit in an attempt to halt the project, said she plans to attend and expects a large turnout at the Friday session.
 "I don't think TDEC will change its mind about the permit," Calfee said, adding,"I hope there is a big turnout. The more the better."
US Nitrogen officials did not respond when asked if they intended to attend or make a presentation at the session.
TDEC, in announcing the hearing at the West Greene High School, disclosed that it will begin at 6 p.m. with a one hour question and answer session. The actual hearing with testimony from the public and interested parties is scheduled for 7 p.m.
Interested parties will have 10 days following the hearing to submit written testimony.
Don Bible, another local landowner who joined in the same suit with Calfee, said he does not plan to testify but will distribute a public statement detailing the history of the project and the reasons for his opposition.
Others expected to testify include Park Overall, who has been a vocal opponent of the plant which will produce tons of ammonium nitrate to be used in the production of explosives by US Nitrogen's corporate parent, Austin Powder.
TDEC scheduled the hearing after more than a dozen area residents filed notice that they wanted action delayed so that a public hearing could be held.
Under the permit US Nitrogen will be allowed to discharge millions of gallons of water per day into the Nolichucky.
In a related development TDEC officials are in the process of doing an on-site review at US Nitrogen's Midway facility for another pending permit application regarding stormwater runoff. The ongoing review was disclosed in a recent posting on the TDEC website.
"Inspection begun by BBC and JTBe on 6/2/2016. Not yet completed. Facility still not yet fully operational," the posting states.