Excess Magnesium Reported Again in US Nitrogen Stormwater

By Walter F. Roche Jr.

For the second year in a row officials of US Nitrogen are reporting that storm water running off from its 500 acre Midway site has magnesium levels far in excess of national cutoff limitations.
In a letter and report to the Tennessee Department of Environment and Conservation, US Nitrogen Plant Manager Andrew Velo said the excessive levels were found at the same two monitoring sites as last year, but at slightly lower levels.
According to the report 5.54 milligrams per liter were recorded at one site while 10.6 milligrams per liter were recorded at the other. A year ago the levels at the same two sites were 6.44 milligrams per liter and 12.3 milligrams per liter respectively.
The national cutoff is .0636 milligrams per liter.
"We suspect the source of the magnesium detected in the storm water samples is from background concentrations, potential fertilizer application and from water flowing across rock," Velo wrote in the Aug. 26 letter to TDEC.
The data was included in an annual storm water monitoring report US Nitrogen has to file as a condition of its TDEC permits.
Velo's letter states that while the plant had begun operating, it does not use magnesium in any of its production operations.
The plant has shutdown temporarily following two incidents in which air pollution limits were apparently exceeded. The two incidents are  under investigation by state and federal regulators.
As they did a year ago, US Nitrogen officials noted that excess magnesium levels have been detected in the Nolichucky River.
Velo stated that the company has made efforts to  reduce the use of fertilizers as that may be a source of magnesium.
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TDEC, EPA Probing US Nitrogen Incidents

By Walter F. Roche Jr.

Tennessee environmental officials say they are coordinating efforts with the U.S. Environmental Protection Agency to investigate an apparent violation of pollution control regulations at the US Nitrogen plant in Greene County.
Eric Ward, spokesman for the Tennessee Department of Environment and Conservation said today that state officials were coordinating with the regional EPA office to probe the release of nitrous oxide on Aug. 23.
A large orange cloud was clearly visible over the plant early that morning.
"We are currently investigating the matter," Ward said, adding "We have been in touch with EPA Region 4 regarding the incident and we will be coordinating with them throughout the investigation."
The release of nitrous oxide, apparently due to an equipment malfunction, is the third known event to occur as the company continues attempts to get its ammonium nitrate manufacturing facility in full operation
The company self reported earlier this month that it discovered in late July that it apparently violated state regulations by not having a scrubber in full operation during the startup efforts.
A US Nitrogen worker, meanwhile, suffered severe burns to his head in another recent incident at the $200 million facility.
That accident is being investigated by the state Department of Labor and Workforce Development.
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US Nitrogen Seeks CO2 Permit Amendment

By Walter F. Roche Jr.


Even as three recent incidents remain under investigation, US Nitrogen is seeking state approval to amend the permit for its carbon dioxide production facility.
In a three-page letter and an 11-page attachment, the company is seeking to move the location of the carbon dioxide facility on its 500-acre site and to increase its output.
The application seeks approval for a 20 percent increase in the capacity for its evaporative cooler, boosting the output from 2,000 gallons per minute to 2,400 gallons per minute.
The application comes amid three incidents at the $200 million facility, one involving serious injury to an employee, who had to be sent by emergency aircraft to a Georgia medical facility specializing in the treatment of burns.
Pictures of the injured worker show his heavily bandaged face shortly after the incident earlier this month.
The matter is under investigation by the state Department of Labor and Workforce Development.
The other two incidents involve apparent problems in startup operations at the ammonium nitrate manufacturing facility.
The most recent incident, photographed by local residents, was the Aug. 23 release of an orange cloud, apparently nitrous oxide, that hung over the facility.
Records at the Tennessee Department of Environment and Conservation state that the problem was reported by a "co-worker" and is under investigation.
The third incident was the self-reporting by the company of a violation of state air pollution regulations during the startup.
In the permit application submitted this week to TDEC for the carbon dioxide plant,  Andrew Velo, US Nitrogen's plant manager, said the proposed increase in the maximum water throughput "will have no effect on potential emissions from the evaporative cooler."
In addition the application seeks approval for the installation of an additional vent, which he said would not result in any increased emissions.
According to Velo's letter TDEC officials met with US Nitrogen's environmental consulting firm in late July to discuss the proposed amendments. Praxair, the company that will operate the carbon dioxide plant, participated in the meeting by phone, according to Velo's letter.
"When the US Nitrogen ammonia plant is operating and CO2 liquefaction facility is not operating, the valve in the interconnecting pipeline will be closed and the gas stream will be vented to the atmosphere," the letter states.
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US Nitrogen Claims $30 Million Loss From Engineering Firm

By Walter F. Roche Jr.

US Nitrogen says that defective engineering by a Georgia firm caused five months delay in the start up of its $200 million Greene County ammonium nitrate plant and forced $30 million in repairs.
In an amended complaint filed this week in U.S. District Court in Atlanta, Ga. lawyers for US Nitrogen said the defects went beyond what they claimed when the suit was first filed in April.
In addition to the original claims that Weatherly, Inc. improperly designed foundations for two 35,000 pound compressors shipped from Argentina, the amended complaint cites improper soil testing on the 500 acre site, inadequate steel beams and improper design of storage tanks for the production of ammonium nitrate.
According to the 29-page complaint, the defects in the storage tank design were not discovered until after the original suit was filed and the company began using one of the tanks. The suit charges that Weatherly improperly included anchor bolts on the tanks and thermal expansion "caused cracks and other defects."
The suit charges Weatherly with breach of contract, professional negligence and negligent or fraudulent misrepresentation.
According to the complaint, US Nitrogen incurred $30 million in additional expenses in repairing the problems caused by Weatherly's deficient work.
The suit charges that the foundations for the 35,000 pound compressors were designed to hold 3,500 compressors and that both foundations failed on Jan. 4 of this year.
Subsequently, the complaint states, Weatherly proposed a "patchwork repair" that two outside engineering firms found deficient.
"Weatherly refused to make the necessary repairs," the complaint states.
Attorneys for Weatherly filed a response to the original complaint in which they denied US Nitrogen's charges, They have not yet responded to the amended complaint.
According to the complaint US Nitrogen paid Weatherly some $28 million under a contract signed on Feb. 16, 2012.
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US Nitrogen "Believes" It Didn't Violate Limit

By Walter F. Roche Jr.

US Nitrogen says it does not believe it exceeded air quality limits during its ongoing start up efforts, but cannot prove it based on the requirements in its permit.
US Nitrogen Plant Manager Andrew Velo told Tennessee environmental officials this week that despite the lack of required proof, "(W)e believe we did not exceed the daily average hourly emission rate of 3.42 pounds of nitrous oxide."
Velo made the disclosure in a three page letter responding to a request for further information from the Tennessee Department of Environment and Conservation.
Velo's letter and the TDEC request stem from US Nitrogen's recent voluntary disclosure that it violated state pollution control regulations during the start up of its ammonia production plant in Midway. The company blamed the violation on an apparent misinterpretation of state requirements for the use of Selective Catalytic Reduction  equipment during a startup.
A subsidiary of Ohio based Austin Powder, US Nitrogen is gearing up to produce ammonium nitrate which the parent company will utilize in the production of explosives.
In his Tuesday letter to TDEC, Velo wrote that based on the specifications of the ammonia production facility, he concluded that the nitrous oxide emissions were no higher than 2.67 pounds per hour, "well below the 3.42 pound limit."
According to the letter only one of two ammonia production systems have been in operation and the company did not produce any commercially viable ammonia prior to June 19.
The state asked for the additional information to determine whether US Nitrogen could qualify for an exemption from any fines or penalties due to the violation.
Velo reported the violation in an Aug 3 letter to the agency.
"I write to voluntarily disclose a violation of Tennessee environmental regulations," Velo stated in the five-page letter.
He said that the company discovered the violations during a late July compliance review with US Nitrogen's consulting firm, EnSafe.
The discovery came shortly after TDEC inspectors had completed a nearly three week inspection of US Nitrogen's Midway complex.
A subsequent inspection report listed multiple violations but concluded that the company was generally operating within its permit requirements.
US Nitrogen subsequently submitted a 21-page action plan responding to each of the inspection findings.
That action plan calls for training and retraining of company employees on record keeping and other requirements, reseeding of eroded areas on the site and replacement or repair of equipment. The company also said it would be performing its own onsite acidity tests  on water being discharged to the Nolichucky River. Previously the task was outsourced.
In another related development US Nitrogen reported that during the month of July it pumped nearly two million gallons of water from the Nolichucky River. It discharged about a quarter of that total into the river during the same period.
A subsidiary of Ohio based Austin Powder, US Nitrogen is gearing up to produce ammonium nitrate which the parent company will utilize in the production of explosives.
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US Nitrogen Could Still Face Fine

By Walter F. Roche Jr.

Tennessee environmental officials now say they have yet to determine whether US Nitrogen will have to pay a fine or face other penalties after admitting to a violation of air pollution requirements.
Eric Ward, spokesman for the Tennessee Department of Environment and Conservation, said today that he misspoke when he stated last week that the company would not be fined.
He said his agency was now conducting a review to determine if, because it self reported the violation, US Nitrogen would be exempt from any fine.
Ward said US Nitrogen has been asked to provide additional information so that TDEC can make that determination.
TDEC also released a two-page response to US Nitrogen's Aug. 3 disclosure of the violation.
"The Division of Air Pollution Control is reviewing this submission and has determined that additional information is needed to verify whether TDEC's Policy Encouraging Self-Policing and Voluntary Correction dated Nov. 17, 2011, applies," the letter states.
In the Aug. 3 letter to TDEC, US Nitrogen plant manager Andrew Velo disclosed that company officials only realized recently for the first time that state rules required the use of  Selective Catalytic Reduction equipment during a start up of its Anhydrous Ammonia Production plant.
Velo said language in the state regulations made it ambiguous whether the equipment was needed during start up.
In the response to Velo, Michelle W. Owenby, technical secretary to the Tennessee Air Pollution Control Board, agreed that the language "could be interpreted to require the operation of the SCR during any and all periods of operation of the ammonia plant."
"We agree that the condition is ambiguous and should be revised to clearly articulate specific emission limitations and compliance methods relative to the operation of the ammonia plant." she wrote.
She added that in response to US Nitrogen's request, the agency was drawing up an amendment to US Nitrogen's permit "to reflect these necessary clarifications."
In the meantime she stated that US Nitrogen could operate the plant without SCR equipment as long as it limited the operation to specified limits. Once those limits are exceeded, she wrote, "the SCR must begin and remain in operation."
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US Nitrogen Worker Recuperating

By Walter F. Roche Jr.

The 36-year old US Nitrogen worker who was badly burned in an incident at the Greene County facility last week is recuperating at home after being airlifted to Augusta, GA for surgery.
Though the victim and his family did not immediately respond to requests for comment, postings on social media and emails from friends show he was injured on Aug. 4 and was  airlifted late in the day to Augusta where he underwent surgery the following day. Treatment included skin grafts to the face and arm.
He was in the intensive care unit and on a respirator following the surgery, but was released from the hospital on Saturday.
US Nitrogen officials have not responded to requests for comment.
Officials of the state Department of Labor and Workforce Development have stated that they are investigating the incident. It was reported to the state on Aug. 9.