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Trinidad UAN expected in November; domestic producers say it will displace other imports

The new AUM plant in Trinidad is expected to begin UAN production during the first half of November. The plant will pump some 1.5 million mt/y of UAN into the market, with company expectations that some two-thirds of that will go to North America. Helm Fertilizer Corp., which owns an equity stake in the venture, is marketing the product.

AUM also has the capacity to produce 1,850 mt/d of anhydrous ammonia; however, most of that will go into UAN production. Koch Nitrogen has been marketing the ammonia in the meantime. In addition, the plant will produce 60,000 mt of melamine.

Earlier this year, Helm entered into a long-term lease agreement with IC Rail Marine Terminal to construct a 60,000 ton capacity UAN solution terminal in Convent, La. (GM Feb. 9). Construction of the terminal is planned to coincide with the startup of the AUM plant. The Convent location, accessible by ocean-going vessels, will serve as one of the principle distribution points for Helm in North America. Helm says this terminal, combined with Helm’s existing network of owned and leased terminals, will enable the company to provide reliable and consistent service to barge, rail, and truck customers in key UAN markets.

In the meantime, large North American UAN producers are hopeful the new Trinidad plant will not have a major impact on them. Terra Industries Inc. President and CEO Michael Bennett recently told analysts that he believes the market is big enough to normalize this production very easily and it is not an overriding concern for Terra. Instead, Bennett believes the Trinidad tons will more likely compete with FSU or European tons that have higher freight and other costs. He estimates that the market is going to need 2-2.5 million tons of UAN imports each year. “Over the past year, typically, the U.S. pricing situation has been such that it discouraged imports relative to other markets and as a result, we saw that import volume off very significantly.” He said import volumes will normalize through the crop year but that they will only come here if they are incited to do so.

July-June fertilizer year imports were off 54 percent, to 1.6 million from 3.49 million st, according to the U.S. Department of Commerce.

Another producer, CF Industries Holdings Inc., actually exported UAN during the last quarter ending June 30. CF Chairman, CEO, and President Stephen Wilson told analysts that clearly the new Trinidad product will move to the U.S, but like Bennett, he agreed that it will likely displace higher-cost product from FSU countries. “Whether that product leaves the market or gets redirected to other markets is yet to be seen,” he said. He said CF didn’t move as much UAN in the spring as expected and that there has been price pressure; however, he is hopeful that corn acreage expectations for 2010 will spur nitrogen demand.

Agrium extends CF offer again; CF says it is committed to Terra, extends its own offer

Agrium Inc. said Aug. 17 that it has extended the expiration date of its offer to acquire CF Industries Holdings Inc. for $40 cash plus one Agrium share per CF share until 12:00 p.m. midnight, New York City time, Sept. 22, 2009.

“Agrium remains fully committed to acquiring CF, and as we have previously stated, we strongly believe that combining Agrium and CF will create a terrific company and significant value for stockholders,” said Agrium President and CEO Mike Wilson. “Despite the fact that CF continues to ignore a clear mandate to conclude the transaction, we will continue to press CF to execute a mutually beneficial merger agreement. Our offer remains far superior to any alternative articulated by CF, including remaining independent or paying a premium for Terra.”

“Agrium’s offer is very far from compelling, and extending that offer is only intended as a distraction,” according to a statement issued by CF. “CF Industries is committed to its proposed business combination with Terra Industries.”

Another source said it is clear that CF is not going to act without another offer from Agrium, yet one has not been made for months. As a result, he said it appears that Agrium is simply being a nuisance and is interfering with a CF-Terra deal. In addition, he noted that while Agrium still does not have regulatory clearance for an Agrium-CF deal, CF has such clearance for a CF-Terra deal.

Another source, who had been betting on an Agrium-CF deal, told Green Markets that he had changed his mind, saying that he thought the idea of a near 50-50 CF-Terra deal, with a lead role for Terra President and CEO Michael Bennett and a continued company presence in Sioux City, might just do the trick.

As of 5:00 p.m. New York City time on Aug. 14, approximately 10.5 million shares of common stock of CF had been tendered into Agrium’s offer and not withdrawn.

The 10.5 million tendered represents about 21 percent of CF shares, about the same number tendered as of July 17. Earlier this summer some 62 percent of CF shares were tendered, giving Agrium hope that a groundswell of shareholder support would prod CF into a deal. However, the bulk of those shares were withdrawn from the tender.

On Friday, Aug. 21, CF announced it has extended the expiration date of its exchange offer for all of the outstanding shares of Terra common stock to Monday, Aug. 31, 2009. The offer had been scheduled to expire at 5:00 p.m., Eastern time, Aug. 21. All other terms and conditions of the exchange offer remain unchanged. As of the close of business on Aug. 20, a total of 11,464,039 shares of Terra common stock had been tendered into the exchange offer.

Cattle deaths blamed on selenium poisoning

Eighteen head of cattle grazing near the abandoned Lanes Creek phosphate mine in Caribou County, Idaho, died earlier this month from acute selenium poisoning, the U.S. Department of Agriculture’s poisonous plant research lab in Logan, Utah, confirms.

Sheep and horses have died from selenium poisoning in the past after feeding on selenium-tainted vegetation in Southeast Idaho’s phosphate mining region, but cattle were thought to be less susceptible. Selenium is a toxic byproduct of phosphate that can leach and be absorbed by plants.

Kip Panter, the lab’s research leader, said the Bear Lake Grazing Association cattle were moved into the area on Aug. 2 and died about three days later. “It doesn’t take long. Acute selenium is very toxic. It affects the heart and lungs,” Panter said.

A range rider provided liver, kidney, and blood samples from the cattle. Panter said that the samples, which were analyzed by the Utah State Diagnostic Laboratory on the Utah State University campus, tested positive for high levels of selenium.

While water samples from a nearby creek were normal, Purple Aster showed 4,000 parts per million of selenium, which is relatively high, he continued, adding that lots of rain caused vegetation to grow more lush and high this season.

Dan Keetch of the Bear Lake Grazing Association did not return repeated phone messages regarding the cattle deaths. It was not clear who owned the cattle, totaling about 500 head.

Mining at Lanes Creek was begun in 1978 by the Alumet Partnership, which included National Steel Corp. – which filed for bankruptcy in 2002. Alumet sold the property to the Bear Lake Grazing Association in 1997. The J.R. Simplot Co. leases mineral rights, but has never mined there. It did process ore from the mine in the 1980s before mining was suspended later that decade.

Simplot spokesman David Cuoio stated: “The area where the 15 to 20 cattle died is not near any present or past Simplot phosphate mining operations.”

It was discovered in 1997 that horses and sheep grazing near Southeast Idaho phosphate mining operations were dying of selenium poisoning. As a result, Simplot, Monsanto, Agrium, FMC/Astaris, and Rhodia each spent $1 million to conduct an area-wide study in conjunction with the Idaho Department of Environmental Quality.

Several horses died near Agrium’s Mabey Canyon Mine in Caribou Canyon on pasture at the base of a mine dump. Hundreds of sheep also succumbed to selenium poisoning near Simplot’s Conda mine, not far from Soda Springs.

IDEQ Regional Administrator Bruce Olenick said his Pocatello office received a telephone call on Aug. 11 from Simplot, alerting it to the cattle deaths east of Monsanto’s South Rasmussen Ridge Mine and north of Simplot’s Smoky Canyon Mine. Simplot officials met with grazing association members on Aug. 10.

“Sheep are more susceptible. We always thought cows were more immune and had higher tolerances for selenium,” Olenick said, speculating the plants were eaten later in the year, when they had more time to mature and gain higher toxicity

IDEQ officials visited the Lanes Creek mine site on Aug. 13. Olenick said the private land had been reclaimed, describing it as a “big hump of vegetation,” but he said he understood cattle were not supposed to be grazing in the area.

Marv Hoyt, Idaho director of the Greater Yellowstone Coalition, an environmental group, said the recent cattle deaths are another indication of continued problems in the phosphate region. He said the kill should be a wakeup call for federal agencies and mining companies.

Forsaken mines that have not been cleaned up are polluting waterways, vegetation, and soil, Hoyt said. “With these old mines spread across the landscape, who knows what the real effects are on livestock and wildlife?” he asked.

Monsanto is seeking permission to open the Blackfoot Bridge Mine to replace its South Rasmussen Ridge Mine’s phosphate ore. Simplot is expanding its Smoky Canyon Mine.

Magellan and others to pay $3.65 M penalty related to ammonia pipeline spills

Magellan Ammonia Pipeline Co., Tulsa, and two of its former operating firms will jointly pay a civil penalty of $3.65 million to resolve violations of the Clean Water Act resulting from anhydrous ammonia spills in Nebraska and Kansas. The spills, which occurred in 2004, resulted in significant fish kills in surrounding waterways. Magellan, as well as Enterprise Products Operating, Houston, and Mid-America Pipeline Co., also known as MAPCO, also of Houston, agreed to the settlement in the form of a consent decree filed in U.S. District Court in Kansas City, Kan.

“We are pleased with the terms and conditions of the consent decree recently reached with the federal government,” said Bruce Heine, Magellan Midstream Partners LP director of government and media affairs, to Green Markets. “We intend to fully comply with the compliance measures and other conditions contained in the agreement.”

In a complaint filed jointly with the consent decree, the U.S. alleged that Magellan, which owned the pipeline, along with operating firms Enterprise and MAPCO, were responsible for two anhydrous ammonia spills in 2004. The first spill occurred on Sept. 27, 2004, near Blair, Neb., killing an estimated 1,000 fish along North Creek and a golf course pond; the second spill occurred on Oct. 27, 2004, near Kingman, Kan., killing more than 20,000 fish along a 12.5-mile section of Smoots Creek.

The rupture of the pipeline near Blair resulted in the hospitalization of one individual, and emergency responders evacuated homes within a one-mile circumference of the break. Additionally, the Kingman rupture resulted in a 40-foot high vapor cloud that was a mile long and also resulted in evacuations.

The U.S. further alleged that as operators of the pipeline system, Enterprise and MAPCO violated the federal Comprehensive Environmental Response, Liability and Compensation Act (CERCLA) by failing to immediately notify the National Response Center about the spills.

“These two pipeline spills were significant and proper notification was not given to National Response Center when they occurred,” said John Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “Today’s settlement will ultimately result in better training of employees and implementation of prevention systems to reduce the possibility of future discharges of harmful chemicals.”

“The Kingman spill caused severe environmental damage, killing all fish for more than 10 miles in Smoots Creek, which is one of Kansas’s high-quality streams. The penalty to be paid under this settlement reflects the seriousness of the violation,” said Ron Hammerschmidt, environmental services division director for EPA Region 7 in Kansas City, Kan. “The actions the company will take under the settlement should help prevent this kind of spill from happening in the future.”

Under the terms of the settlement, Magellan has agreed to spend an additional $550,000 on improvements to prevent or minimize releases along selected segments of its pipeline system, and will establish a program to minimize third-party damage to the system. Magellan presently operates the ammonia pipeline, having terminated its operating agreement with Enterprise and MAPCO in 2007.

Additionally, through the consent decree, Magellan has promised to make a series of required improvements in its employee training, leak response procedures, and protocols for detecting and responding to leaks and ruptures.

The consent decree is subject to a 30-day public comment period and approval by the federal court.

LOL 2Q earnings off, Agronomy up; 34 Agriliance units to go to LOL

Land O’Lakes Inc. reported net earnings for the second quarter of $81.3 million on sales of $2.8 billion, down from the year-ago $112.5 million and $3.3 billion, respectively. LOL was proud of six-month results of $161 million on sales of $5.8 billion in light of the overall global economy, saying they compared favorably with the year-ago $175.6 million and $6.6 billion, respectively.

LOL’s Agronomy unit reported second-quarter pre-tax income of $77 million on sales of $790.5 million, up from the year-ago $46.8 million and $993.7 million, respectively. Six-month income was $69.3 million on sales of $1.2 billion, versus the year-ago $37.6 million and $1.48 billion, respectively.

Agronomy includes LOL’s crop protection business as well as seeds aligned under the Winfield Solutions banner, along with its 50 percent stake in Agriliance LLC. LOL said crop protection results were down, mainly due to declines in the value of some key products such as glyphosate, inventory carry-over, just-in-time purchasing by customers, and a later growing season.

As for Agriliance, LOL said its investment in the company was $169 million as of June 30, 2009. From Agriliance, LOL recorded $7.2 million of losses for the six months ending June 30, 2009, versus year-ago equity earnings of $3.4 million. LOL said the 2009 results were unfavorably impacted by lower margins on crop nutrients.

As reported earlier, LOL and CHS Inc., the other Agriliance owner, have continued to shed Agriliance assets. In the latest round (GM Aug. 10, p. 13; Aug. 17, p. 9), LOL says it expects to take 34 retail sites over the next several months, while CHS will take nine and Tennessee Farmers Cooperative will take 11.

In the meantime, LOL has given an update on the earlier deal (GM April 13, p. 14) in which nine Agriliance units in Georgia and Mississippi were sold to Agri-AFC LLC, a joint venture between Alabama Farmers Cooperative Inc. and LOL’s own Winfield Solutions LLC. LOL said AFC entered into an operating lease and an asset purchase agreement and immediately began operating the retail locations, purchasing the working capital and primarily inventory associated with the locations for $18.3 million. AFC completed the transaction in July and acquired the property, plant, and equipment located at the sites for $2.9 million in cash.

Simplot signs Smoky Canyon cleanup agreement

The J.R. Simplot Co. has signed an agreement with the U.S. Forest Service, Environmental Protection Agency (EPA), and Idaho Department of Environmental Quality (IDEQ) regarding cleanup of pollution at its Smoky Canyon Mine, located about 25 miles east of Soda Springs in Southeast Idaho, near the Wyoming border.

The agreement was forged to determine the extent of contamination and any threat to public health, welfare, or the environment caused by the release of hazardous substances, pollutants, or contaminants at or from the mine site by conducting a remedial investigation to prevent, mitigate, or remedy the problem. It also assures Simplot will pay oversight costs incurred by the agencies or Shoshone-Bannock Tribes of the Fort Hall Reservation.

The agreement stipulates that within 60 days of its effective date, Simplot shall establish and maintain: financial security in the amount of $1.5 million as a surety bond guaranteeing work performance; one or more irrevocable letters of credit equaling the total estimated cost of work; a trust agreement establishing a fund containing the estimated cost of work with terms and conditions acceptable to the Forest Service; and/or a written guarantee to perform the work executed in favor of the Forest Service by one or more parent corporations or subsidiaries or unrelated corporations with a substantial business relationship with Simplot.

Simplot must also secure general liability insurance and make deposits for future response costs with federal agencies and the Shosone-Bannocks.

If Simplot fails to meet the agreement’s requirements, it shall pay penalties of $1,000 per day per violation for the first 14 days of noncompliance, $3,000 per day per violation from the 15th to 30th day of noncompliance, and $7,500 per day per violation for the 31st day of noncompliance and thereafter.

On Aug. 4, U.S. Magistrate Mikel Williams denied a request by environmental groups to impose a permanent injunction that would have blocked the mine’s expansion on the Caribou-Targhee National Forest. His ruling gave Simplot authorization to expand onto two parcels before the existing mine’s ore was exhausted.

Since 1984, the open pit mine has supplied about 1.5 million annual tons of phosphate ore to Simplot’s fertilizer plant near Pocatello, Idaho. More than 500 workers are employed at the plant and mine.

“The consent agreement is the latest commitment that Simplot has made to fully investigate and take appropriate action to address selenium releases from historic mining practices,” Simplot spokesman David Cuoio said, noting this is the third agreement that Simplot has entered with the federal government pertaining to Smoky Canyon’s remediation.

Selenium poisoning has killed sheep, horses, and most recently cattle grazing on vegetation near phosphate mines in the region. Selenium, a byproduct of phosphate, can leach and be absorbed by plants. Trace elements can be beneficial as a micronutrient, but larger volumes can be toxic.

“This latest agreement provides for additional investigation of the extent of selenium contamination, the analysis of what risks the selenium presents to the environment, and what actions may be needed,” Cuoio said.

“Simplot continues to pursue actions that reduce the potential for selenium releases into the environment, such as the Pole Canyon overburden project, which addressed the largest potential source of selenium to the environment at Smoky Canyon.”

Under the agreement, parties recognize it has been negotiated in good faith and Simplot’s actions in compliance with it do not constitute an admission of liability. A notice of violation will not be issued, and Simplot does not concede nor waive its right to object to any authority the U.S., IDEQ, or tribes may exert relating to the mine site.

In a January 2003 agreement with the Forest Service, EPA, and IDEQ, Simplot agreed to a site investigation and engineering evaluation at the Smoky Canyon Mine site. In August 2005, the Forest Service accepted Simplot’s plan to divert Pole Canyon Creek around a cross valley fill.

EPA, the U.S. Fish & Wildlife Services, BLM, IDEQ, and the Shoshone-Bannocks have acted as support agencies since July 2000. The BLM issues and administers mineral leases. Simplot holds five federal phosphate leases and a Forest Service special use permit on the site.

Both the mine and overburden disposal areas are within an area where the tribes assert the right to hunt and fish under the Fort Bridger Treaty of 1868. The agreement does not include private land where Simplot has disposed of tailings from its milling operations associated with the mine. Overburden placed in piles or previously mined parts of a pit contain shale with high levels of selenium and hazardous metals, which have been detected above background concentrations.

Samplings conducted by Simplot, the Forest Service, BLM, contractors, and the University of Idaho indicate selenium and other hazardous substances are being leached from waste rock at the mine site into the environment, impacting vegetation and surface water, the agreement states.

“Surface water data from 2006 and 2007 indicate that the area’s extent of contamination has increased to include South Fork Sage Creek Springs and that the concentration of selenium at Hoopes Springs has been steadily increasing…,” it says.

Fertilizer bomber nabbed in Spokane after a month

Spokane, Wash.-A released federal inmate convicted in 2006 of trying to blow up a U.S. government building with a fertilizer bomb is back in lockup awaiting a court date after eluding federal marshals and other searchers in the Spokane, Wash., area for nearly a month. “I’d almost guarantee he’s headed back to prison,” Deputy U.S. Marshal Bob Doty said of Anthony Burke, 22, aka Anthony Garver, who was on work release to the Geiger Correctional Center but took off on his own early last month. “One family got suspicious when a man told them he was lost and his family lives around there someplace, which didn’t make sense in a rural environment,” Doty related. He was spotted at least two other times in the same area until the marshals heard from a gas station attendant who had seen one of the 100 or more “wanted” flyers circulated to homes and businesses. Deputy Marshal Jerame Brown, lead agent, along with another deputy marshal, finally tracked a set of footprints to where Brown noticed a freshly broken branch, which led them to find Burke hunkered down in a ditch off the side of a road. Brown said Burke, dressed in a camouflage outfit and hiding under netting with a hunting knife and a backpack containing several survival magazines and energy drinks, put up no resistance. Brown said Burke is sitting in the Spokane County jail awaiting an Aug. 26 date in 9th District Court for revocation of supervisory release. Burke had served a three-year sentence for possession of ammunition. The Spokane native was considered armed and dangerous because of previous threats he had made to blow up the Department of Social and Health Services building in Spokane and detonate a bomb at a park event. Early in the search U.S. Marshal Mike Kline told Green Markets that Burke was of serious concern being just out of prison with “an anti-government mindset.”

Fertilizer bomb finally leads to arrest of suspect

Stanton, Mich.-A fertilizer bomb incident nearly a year ago that resulted in severe injuries to one person could put the perpetrator in prison for life. Alan Tomas Bauer II, 38, of Lake Odessa, has been arrested on charges of use or possession of a harmful device causing serious injury. At last report, Bauer was in Montcalm County Jail on $150,000 bond. According to police reports, Bauer left a wooden box containing sulfuric acid in Derek Lehman’s driveway in September. Police stated that the box, which appeared to be rigged, fired chemicals into Lehman’s face when he opened it. Montcalm County Prosecutor Andrea Krause wouldn’t comment on the case, but told the local press that the investigation took nearly a year due to its complicated nature. “We had to develop leads and enough information to bring the charge,” she was quoted as saying. “It took some time to get there.” Krause also declined to say if the two parties knew each other. There was no information on the present condition of Lehman, who was taken at the time to Spectrum Health United Memorial Hospital with severe facial injuries.

Norder Supply faces big fines for fish kill

Hebron, Neb.-Norder Supply Inc. could face tens of thousands of dollars in fines for a liquid nitrogen release last month that killed thousands of fish in the Little Blue River. Norder Supply has been cited in a notice of violation (NOV) for the incident by the Nebraska Dept. of Environmental Quality. Owner Tim Norder told Green Markets that the company is cooperating fully with the state and is also conducting its own investigation to determine how the solution got released into the river. “Rainwater that was being pumped out of the containment containing 20 percent nitrogen apparently made its way somehow into the river,” Norder commented. “If the spill was the company’s fault we’ll take care of it and do whatever is necessary.” DEQ spokesman Brian McManus noted that the state can assess penalties as high as $10,000 a day, but has not yet decided what action to take in this instance. According to the NOV, on July 25 an employee of Norder at Hebron pumped the contents of a secondary containment structure to a drainage ditch with a direct surface connection to the little Blue River. The facility does not have an NPDES permit authorizing discharges into waters of the state of Nebraska. The pumping resulted in the death of an estimated 23,467 fish for a distance of 11.8 miles downstream, in violation of National Surface Water Quality Standards. Norder is requested within 30 days to submit updated pollution and spill prevention plans and updated SOPs for the handling and storage of chemicals on site and the prevention and recovery of chemical spills and releases. Compliance does not mean enforcement action will not be considered, and may include issuance of an administrative order or referral to the attorney general for penalties up to $10,000 per day per violation.

Ag interests ponder ruling of litter as solid waste

Oklahoma City-Agriculture interests are pondering the ruling earlier this month by a U.S. district court judge that poultry litter may be considered a solid waste if applied in excessive amounts on fields as fertilizer. The decision by U.S. District Judge Gregory Frizzell came in a suit by Oklahoma Atty. Gen. Drew Edmondson against 12 poultry companies claiming that they are legally responsible for the handling and disposal of poultry waste that has damaged portions of the Illinois River watershed. Frizzell’s Aug. 13 decision is considered significant because it comes just prior to a scheduled Sept. 21 trial date. “The ruling is important in that it demonstrates that the defendants can be held responsible for the over-application runoff and leaching that endangers human health and the environment,” Charlie Price, a spokesman for Edmondson, commented. The state has claimed that poultry waste is a solid waste and thus subject to federal law barring illegal disposal, while the poultry industry challenges the use of that federal law, insisting that poultry litter cannot be classified as a solid waste. “Poultry litter is a widely utilized fertilizer, which provides soil nutrients, increases crop yields and outperforms commercial fertilizers,” attorneys for the poultry industry wrote in a court filing. Oklahoma Farm Bureau President Mike Spradling indicated the ruling is under scrutiny by his members and others in the agriculture community. “At this time, all we can say is that we believe poultry litter and animal manure are being applied beneficially to crops all across the United States,” Spradling remarked. “Poultry litter and animal manure contain beneficial nutrients and organic matter that enhance the soil. We do not believe they are solid waste.”