US Nitrogen Permit Still Under Review

By Walter F. Roche Jr.

Tennessee environmental officials are still reviewing new permit applications for a Greene County chemical firm, but the company can continue to operate under its old permit.
Kim Schofinski, spokeswoman for the Tennessee Department of Environment and Conservation, said today that agency officials are still reviewing the US Nitrogen application along with comments submitted in writing or at a series of public hearings held over a month ago.
Two other firms located in the same Midway site also are seeking permits. Previously all three firms were operating under a single permit
"TDEC is currently in the process of reviewing comments, preparing a response, and making necessary changes, if any, to the draft permit," Schofinski wrote in an email response to questions.
"Once that process is complete, a proposed permit will be sent to EPA for review," she added.
Up until now US Nitrogen LLC, Praxair Inc. and Yara North America have been operating under a construction permit.
"The facility can continue to operate under the authority of and in accordance with their construction permits until an issuance of a conditional major operating permit," Schofinski wrote.
The new permit scheme has raised concerns some of which were expressed at a series of June public hearings and in written comments.
Both the Sierra Club and an expert hired by local activist Park Overall have argued against issuing three separate permits.
US Nitrogen is seeking a conditional major operating permit for ammonia, nitric acid and ammonium nitrate solution manufacturing operations. The permit would set limits on nitrous oxide and carbon monoxide emissions.
Praxair is seeking a permit to construct a carbon dioxide liquefaction operation while Yara seeks to takeover construction of a calcium nitrate production facility including digesting reactors, mixing tanks and a filter press.
Scott Banberry of the Sierra Club told TDEC that he opposed separating the permits because it eliminates looking at the combined impact of all three operations, which are all operating on the same Midway site.
Howard Gebhart, an environmental consultant brought in by Park Overall, submitted detailed objections to the permit proposals and urged TDEC to place additional monitoring and reporting requirements on the three companies.
Gebhart also questioned the legality of the three permit scheme and warned that the net result could be a tripling of emissions from the combined operations.
US Nitrogen already has won TDEC approval to renew a separate permit which enables the chemical firm to pump millions of gallons of water per week from the Nolichucky River for use in the production of ammonium nitrate.

US Nitrogen Reports No Excess Emissions

By Walter F. Roche Jr.

An eastern Tennessee chemical firm has submitted data showing that limits for nitrogen oxide emissions were not exceeded in the most recent quarter.
The data which was submitted to the Tennessee Department of Environment and Conservation covered emissions from US Nitrogen's nitric acid plant and a steam boiler facility at its Midway location.
TDEC officials in letters dated Monday acknowledged receipt of the test results.
In the letter Bryan Parker, a TDEC manager, told Dylan Charles, US Nitrogen's plant manager, the reports were "technically correct and acceptable for a determination of compliance."
Parker noted that the data showed that at no time during the quarter were limits exceeded.
He added that the data showed the monitoring equipment achieved "95 per cent operational availability."
Parker concluded the letters by stating that the US Nitrogen submissions fulfill the reporting requirements of the company permits.
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US Nitrogen Takes "Corrective Action"

By Walter F. Roche Jr.


Officials of a Greene County chemical firm have advised Tennessee regulators they have implemented a plan to avert a repeat of a February incident in which nearly 400,000 gallons of water overflowed from a retention pond.
In a letter dated July 11 US Nitrogen manager Steven Wallace told the Tennessee Department of Environment and Conservation that the pump piping for the retention pond had been re-designed "to allow for additional pumping capacity."
In addition he told TDEC's Jessica Murphy that steps also were taken to divert runoff from the non-process areas of the property away from the retention pond area. That project was completed on June 28, according to Wallace's letter.
"Corrective Action Completed," the letter states.
The actions were taken in response to a March 15 notice of violation sent to US Nitrogen due to the un-permitted runoff that occurred during a period of heavy rain between Feb. 20 and Feb. 25.
US Nitrogen responded on April 12 stating that multiple corrective actions were under consideration. In the same letter the company acknowledged that some 397,000 gallons of water overflowed from the retention pond during the six day period in mid-February.
According to the April letter from US Nitrogen Plant Manager Dylan Charles, the excess runoff went into the Seven Springs branch of the Nolichucky River.
TDEC has not yet indicated whether any fine will be imposed for the permit violation.
The July 11 letter includes two pictures showing the results of the corrective actions.
Contact: wfrochejr999@gmail.com

US Nitrogen Drew Nearly 20 Million Gallons

By Walter F. Roche Jr.

US Nitrogen LLC drew nearly 20 million gallons from the Nolichucky River during the month of June, according to a report filed today with the Tennessee Department of Environment and Conservation.
The one-page report shows that the Greene County chemical company drew more than one million gallons on seven days during the month. The single highest amount, 1.2 million gallons, was pumped from the river on June 29.
The report also shows the ammonium nitrate manufacturer discharged some 12 million of waste water back into the Nolichucky.
On four days during the month including June 21 and June 22, the company didn't discharge any waste water into the river.
On 17 days during the month the company discharged more than 500,000 gallons of waste water back into the river. The single highest discharge amount, more than 600,000 gallons, came on June 19.
US Nitrogen's permit authorizing it to draw water from the river was recently renewed by TDEC.
The company has drawn some 350 million gallons from the river since the plant went into operation. The highest monthly total, 38.7 million gallons, was drawn in December of 2017.

US Nitrogen Files Sludge Plan

By Walter F. Roche Jr.

A Greene County chemical firm has filed plans showing how it plans to dispose of tons of sludge from a water treatment plant on a 12.1 acre site in Midway.
In a seven page document filed today with the Tennessee Department of Environment and Conservation US Nitrogen provided details on where it plans to apply the sludge generated at its water treatment plant. The plant processes millions of gallons of water from the Nolichucky River that US Nitrogen uses in the manufacture of ammonium nitrate.
According to the filing the sludge will be applied on a 12.1 acre cite also occupied by the water treatment plant. The permit for the treatment plant is held by the Industrial Development Board of Greeneville and Greene County and the site is also owned by the authority.
The application was submitted by Dylan Charles, US Nitrogen's plant manager, Dylan Charles.
"Produce non-potable water for industrial use," the application states, adding that the permit applies to the "land application" and "chemical unloading." US Nitrogen is listed as the "Operator" on the application.
The application shows the projected storm water runoff following the application of the sludge to the site.
Last month TDEC approved on US Nitrogen's proposal to dispose of up to 10 toms of sludge per year to the 12.1 acre site. The site is approximately two miles from the intersection of U.S. Highway 11E and I-81.
TDEC concluded that the proposal "constitutes a beneficial use of solid waste when used in the manner proposed."
US Nitrogen first proposed the sludge disposal plan in August of last year. A modified proposal was submitted in January. In the approval letter, TDEC's George M. Thornsbury noted that the approval only applied to 8.56 acres of the 12.1 acre site.
Under the approval the company must conduct an annual analysis of the sludge and an analysis for the presence of metals every five years.
The TDEC approval was dated May 20, but was not posted on the agency's web site until June 14.
In its initial filing in August of last year, US Nitrogen official estimated that the water treatment plant would generate as much as 44 dry tons of sludge per year.
Contact: wfrochejr999@gmail.com

US Nitrogen Suit Scheduled

By Walter F. Roche Jr.

A federal judge has set a Sept. 3 opening trial date in the suit filed by US Nitrogen LLC against the Georgia engineering firm hired to help design the company's ammonium nitrate manufacturing facility in Greene County Tennessee.
In a four-page order issued this week U.S. District Judge Michael L. Brown also set out a schedule for both sides to disclose witnesses and other pretrial matters.
US Nitrogen is suing Weatherly Inc, a Georgia engineering firm, charging that the company's faulty work caused extensive delays in the construction of the Midway plant. The suit charges major parts of the plant had to be re-built because of Weatherly's errors.
Brown has already ruled that US Nitrogen can only collect a maximum of $2.2 million and not the $30 million originally sought.
In a recent ruling he concluded that US Nitrogen can use the testimony of three experts despite Weatherly's objections.
In the latest order Brown set an Aug. 27 date for a final pre-trial session.
The trial will begin at 9 a.m. Sept. 3 in Brown's Atlanta courtroom.
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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.