Monday, October 31, 2016

2nd Appeal Filed on US Nitrogen Permit


By Walter F. Roche Jr.

Charging that the drinking water supply for thousands of Eastern Tennessee residents is in jeopardy, a local resident is asking a state board to overturn the decision granting a permit to US Nitrogen to discharge millions of gallons of water into the Nolichucky River.
In a 10-page letter to the Tennessee Board of Water Quality, Oil and Gas, Park Overall said that in her county alone some 16,100 residents rely on the river for drinking water.
The appeal seeks to overturn the decision by the Tennessee Department of Environment and Conservation to grant a four year permit to US Nitrogen to use the river water in their manufacturing process and discharge most of it back into the river.
Citing past pollution problems in the waterway, Overall wrote, "This river cannot handle anymore. Cumulative effects are literally killing us."
Overall's is the second appeal to be filed challenging the decision to renew US Nitrogen's permit. Stan Olmstead of Jonesborough, Tenn. filed a similar appeal earlier this month.
In her filing, Overall charged that the flow rates used to justify the permit were not taken at the proper location and TDEC failed to take into account the effect of drought conditions.
She also charged that the decision leaves it up to US Nitrogen to report flow and use rates rather than having an objective independent monitoring system.
"We no longer trust US Nitrogen or their data," the appeal states.
Calling the large volume of water US Nitrogen is using "unconscionable," Overall wrote, "Clearly TDEC only intends to accommodate US Nitrogen with no afterthought for this community."
"The recklessness with which US Nitrogen is treating us is no longer tolerable," she added.
The appeal requests that the state board hold a public hearing on the issue.
"TDEC went from being our protector to our worst nightmare," she concluded.
Contact: wfrochejr999@gmail.com

Wednesday, October 26, 2016

Child's Death Ruled Accidental

The Aug. 25 death of seven-year-old Jayden Norton of Parrotsville has been ruled accidental, according to 4th District Attorney James Dunn.
Dunn and Cocke County Sheriff Armando Fontes announced the findings today.
Norton died early in the morning of Aug. 25 after being shot at his home.
Law enforcement officials who responded to the 911 call that morning reported that a gun, a 357 Magnum, was found at the scene.
Doubling the tragedy was the death shortly after the shooting of Christopher A. Russell, 54, who had left the Norton residence shortly after the shooting. The grandfather of the victim, Russell died when his vehicle went out of control.
Shortly after the two incident's a sheriff's deputy told reporters that the grandfather and his grandson had gone to the front porch of the residence to show him his gun.
The grandfather lived with the boy's family.








Thursday, October 20, 2016

Austin Powder Plant Closing in Utah


By Walter F. Roche Jr.

Austin Powder, the owner of an  ammonium nitrate plant starting up in Eastern Tennessee, has just closed a similar facility in Utah citing a lack of demand.
In an announcement in late August, officials of  Geneva Nitrogen disclosed that the ammonium nitrate manufacturing facility in Vineyard, Utah was closing "in response to a challenging mining market and reduced demand for ammonium nitrate."
Geneva Nitrogen was a 50/50 joint venture of Orica USA and Austin Powder, according to the announcement by Steve Thompson, vice president and general manager of Geneva Nitrogen.
"The reduced output and future demand continues to have a negative effect on our facility," Thompson said, adding that 32 employees would lose their jobs as a result.
Thompson said the existing site will be converted this month to a transload facility, "which will continue to provide bulk products shipped in by rail for distribution for local customers."
The closing comes as startup efforts continue in Midway, Tenn. at US Nitrogen's new $200 million ammonium nitrate manufacturing facility. US Nitrogen is an Austin Powder subsidiary.
The startup has been marked by difficulties including the release of nitrogen gases that produced a large orange cloud over the 500 acre site.
US Nitrogen issued a statement recently stating that it expected to begin full operation in the near future.
The company also stated that an employee who was injured in August had "fully recovered" and returned to work.
Though not named in the statement, the injured employee was Ricky Reedy, who suffered burns to his arm and face, and had to be airlifted to a Georgia medical facility for treatment.
US Nitrogen was subsequently fined $500 by the state Department of Labor and Workforce Development for failure to report the injury requiring hospitalization within 24 hours of its occurrence.
The decline in demand for ammonium nitrate for mining use has been acknowledged recently by others in the field including LSB Industries whose chief executive Dan Greenwell stated that the firm did not "anticipate meaningful recovery of sales to mining customers."
He said the firm was shifting its efforts to providing fertilizer grade ammonium nitrate for agricultural use.
Contact: wfrochejr999@gmail.com







Wednesday, October 19, 2016

Appeal Filed on US Nitrogen Permit


By Walter F. Roche Jr.

Warning of the  degradation of the Nolichucky River, a Jonesborough, Tenn. resident has filed an appeal of the permit renewal recently approved by the Tennessee Department of Environment and Conservation for US Nitrogen.
In a five-page letter to the state environmental agency, Stan Olmstead stated that the river "will be degraded and injured by the proposed US Nitrogen discharge."
In the letter Olmstead asks the state to reverse its recent decision renewing the permit that allows US Nitrogen to discharge up to two million gallons of water per day.
Olmstead, who was one of the area residents to testify against the permit renewal at a June public hearing, said it was apparent that his testimony was not considered.
Charging that there are other alternatives to discharging into the Nolichucky, Olmstead said, "I believe US Nitrogen is not proposing Best Available Technology to minimize pollution strictly for cost saving measures."
"I ask that the industry and others wishing to utilize or impact waters of the state not just meet present standards but that the standards be modified and accomplish a near zero impact to the aquatic system," he continued.
He noted that the river already is being impacted by agricultural and other industrial runoff, including Uranium from Nuclear Fuels Services.
Olmstead also challenged TDEC's conclusion that the discharge would have a de minimus or minimal impact on the river.
"The state has relatively little understanding of how US Nitrogen's pollutions will negatively impact each and every species of the river," the appeal letter states.
In asking for the renewal to be denied, Olmstead concluded by stating that US Nitrogen could reduce its impact to near zero by other methods, such as "water impoundment, filtration, reverse osmosis and other technical methods."
Donahue Bible, a longtime opponent of the US Nitrogen project, also has written TDEC officials challenging statements in a report issued by the agency in defense of its permit renewal decision.
Bible disputed the claim that use of the river became necessary because US Nitrogen could not get a commitment from the utility district to supply the needed water.
Contact: wfrochejr999@gmail.com

Saturday, October 15, 2016

US Nitrogen Ups River Withdrawals, Discharges


By Walter F. Roche Jr.

A monthly report filed by US Nitrogen with Tennessee officials shows a dramatic increase last month in the amount of water being drawn and discharged into the Nolichucky River.
The increase came as the ammonium nitrate manufacturing facility continued its efforts to start up all phases of its $200 million Midway operation. The rocky startup included the late August discharge of a large orange cloud of nitrogen gases that hung over the 500 acre site.
According to the report filed with the Tennessee Department of Environment and Conservation, a total of 8.7 million gallons of water were withdrawn from the river between Sept. 10 and Sept. 29. The largest single amount, a little over a million gallons, was drawn on Sept. 28.
Discharges into the river totaled 4.3 million gallons over seven days between Sept. 18 and Sept. 29.
The company has indicated that once it is in full operation some 2 million gallons of water per day will be pumped from the river.
According to the report the maximum rate of withdrawal from the river was 1,350 gallons per minute.
In its August report the company reported withdrawing only 8,000 gallons from the river and discharging 1.2 million,
Opponents of the project have expressed several concerns about the use of the river water including the effect of the discharged water on endangered species.
TDEC, however, recently renewed the major permit making use of the river possible until 2020. Tennessee officials concluded the discharge of up to 2 million gallons of water per day would have a minimal effect on the river.
Contact: wfrochejr999@gmail.com

Thursday, October 13, 2016

US Nitrogen Fined in Worker Accident


By Walter F. Roche Jr.

The Tennessee Department of Labor and Workforce Development has fined US Nitrogen $500 for failure to promptly report an accident in which a 36-year-old employee suffered burns to his face and arms.
According to agency records although the accident occurred on Aug. 4 it was not reported until Aug. 9. State law requires that accidents in which the victim requires in-patient hospitalization be reported within 24-hours of their occurrence.
According to the report, an investigation by the Tennessee Occupational Safety and Health Administration (TOSHA) found that an employee, identified as Ricky Reedy, suffered burns to his face and hands in the Aug. 4 accident.
Reedy, a maintenance mechanic, did not respond to an email request for comment.
Reedy was transferred from a local hospital to a Georgia hospital with a burn treatment unit.
According to the state report, US Nitrogen paid the $500 fine on Oct. 6. The company did not respond to a request for comment.
"The employee's left forearm was burned by a duct pipe and his face was burned by heated steam from that same duct pipe," the TOSHA report states.
The report states that Reedy was assisting another worker as they attempted to replace a duct in the ammonium nitrate plant on Pottertown Road in Midway, Tenn..
"Ricky proceeded to install the duct into the air eduction unit. At this time steam came out of the end of the duct that Ricky was holding and burned his face. Ricky then let go of that end and the duct rolled on to his arm causing a burn," the TOSHA report states.
The accident occurred at 9:45 a.m.
The state inspectors interviewed other US Nitrogen workers who witnessed the accident including Anthony Fillers, Chad Killion and Jonathan Colyer.
"The root cause of the Ricky Reedy accident was inadequate identification of the hazards (steam) as associated with the Safe Work Permit process, before and during required work assignment," the report states.
"The chief contributing factor," it continues, "is an operator not following the Safe Work Permit program, due to lack of familiarity and ambiguity."
According to the report Reedy went to work for US Nitrogen a little over two years prior to the accident.
The report states that the ductwork the crew was working on had been taken out of operation following the incident
In response to the report US Nitrogen told the state agency that meetings were to be held and training sessions on compliance with the Safe Work Permit program were to be completed by Sept. 30.
A US Nitrogen employee told the state that he didn't file report with the state because "he thought his corporate office would report the injury and found out later that they did not."
The report states that a total of 85 persons are employed at the Midway facility.
Contact: wfrochejr999@gmail.com





Wednesday, October 5, 2016

TDEC Defends US Nitrogen Permit Renewal


By Walter F. Roche Jr.

Officials of the Tennessee Department of Environment and Conservation have issued a 22-page report in support of its decision to grant US Nitrogen a permit to discharge nearly 2 million gallons of water per day into the Nolichucky River.
The document posted on the agency website lists 32 concerns raised by opponents of the project during a June public hearing and a subsequent public comment period along with the department's responses refuting the claims.
Meanwhile the opponents continued to express outrage at the permit approval.
"The rape of Appalachia continues," said Park Overall. "This time what is at stake is: three schools, precious wetlands so rare in Tennessee and an already impaired river. My state is quite frankly out of control."
Donahue Bible said, "TDEC ..has thrown Greene County to the wolves. All in the name of 80 jobs; 800 jobs would have never justified this travesty."
The TDEC question and answer document covers issues ranging from the protection of endangered species to the degradation of the Nolichucky.
For example in response to a question about why the permit was being extended until Oct. 31, 2020, the agency states that "historically" it has adopted a goal of having all permits in a given watershed expire within the same year and be issued for five years."The discharge for US Nitrogen is in the Nolichucky Watershed which has a target expiration year that necessitated the existing permit be issued for less than two years in order to bring it into sequence...Therefore, in order to stay on the watershed cycle, this permit was issued for five years," TDEC stated.
Other questions posed and answered include concerns about the effect of the US Nitrogen withdrawal and discharge on water levels in the river and the effects of the discharge on endangered species.
Many also questioned TDEC's determination that US Nitrogen's discharge would have a minimal or de minimis effect on the river.
"The withdrawal has no significant effect on surface water levels and therefore will have no effect on groundwater levels. Similarly, the proposed discharge will have de minimis degradation effects on the Nolichucky River," TDEC stated.
Because of that de minimis determination, TDEC continued, an environmental assessment of the river's use was not required.
As to questions about the discharge adversely affecting drinking water drawn from the river, TDEC states,"The Nolichucky River at river mile 20.8 is classified for domestic water supply. This permit is protective of drinking water use standards."
In response to questions about why US Nitrogen didn't buy water from the Old Knox Utility District as originally announced, TDEC stated that US Nitrogen was unable to reach an agreement with the district for a continuous uninterrupted supply of water.
Citing the added cost of obtaining potable water, TDEC concluded, "US Nitrogen will utilize non-potable water to the maximum sustainable and ecologically protective extent to diminish reliance on potable water and the energy consumption associated with its treatment, distribution and ultimate discharge."
Contact: wfrochejr999@gmail.com
 -------------------------------

HERE IS THE TDEC DOCUMENT


Introduction
US Nitrogen LLC, a subsidiary of Austin Powder Company, is located on approximately 500 acres at 471 Pottertown Road in Midway, Tennessee. It has a production facility for nitric acid, ammonia, and liquid ammonium nitrate solution.
This Notice of Determination (NOD) addresses one National Pollutant Discharge Elimination System (NPDES) permit for US Nitrogen LLC:
 A renewal of Individual NPDES Permit (average daily discharges up to 0.57 MGD) to US Nitrogen LLC, permit number TN0081566, located at 471 Pottertown Road in Midway, Tennessee 37809 in Greene County.
The renewed individual NPDES proposed permit to US Nitrogen LLC is to authorize treatment and discharge of process, non-process, and cooling water from the production of nitric acid, ammonia, and ammonium nitrate solution with average daily discharges up to 0.57 MGD. The proposed discharge is to mile 20.8 of the Nolichucky River. TDEC has determined that the activity will not cause degradation above a de minimis level of an Exceptional Tennessee Water. TDEC issued a notice requesting public comments on US Nitrogen’s application for permit in Public Notice Number MMXVI-003 on February 8, 2016.
With regard to the renewal of the Individual NPDES permit to US Nitrogen LLC, the division announced that a public hearing would be held regarding this permit. Public notice was published in the Greeneville Sun on May 6, 2016, and published in the Newport Plain Talk on May 8, 2016. That public hearing was held on June 9, 2016, at the West Greene High School, Mosheim, Tennessee. On June 29, 2016, the division extended the public comment period to July 25, 2016.
Notice of Determination
US Nitrogen LLC
NPDES TN0081566
Page 2 of 22
Comments and responses
The division received comments that are included in this NOD document are compiled and addressed based on their relevance to the permit content, intent and interpretation of the draft permit and governing rules. The division must consider all comments, but can address only comments relative to water quality in making final permit determinations (i.e., those under our regulatory jurisdiction). Comments must also be substantive in that specific technical/scientific data must be provided to support the concern/problem being addressed. Therefore, comments that are not substantive and/or were not directly related to either water quality are included as a part of the permit file, but were not itemized in this NOD. Furthermore, comments that were similar in content were combined and addressed as a single entry. This NOD serves as the division’s response to questions, comments and issues that were raised at the hearing and/or submitted during the subsequent comment period. It also presents TDEC’s decision regarding the permits and the rationale for that decision.
1. Did US Nitrogen submit an environmental assessment with the NPDES permit application? Has an environmental assessment been done for this outfall? This is a violation of the National Environmental Policy Act (NEPA) -- Demand an Environmental Impact Statement.
Environmental impact statements are required for significant federal actions, and the state issuance of an NPDES permit is not considered a significant federal action. The division’s applicable regulatory permit application requirements do not call for an environmental assessment document on the part of the applicant. An environmental assessment is not required for the division’s issuance of NPDES permit.
2. Issue was taken with the state’s “de minimis” standards. Tennessee’s antidegradation statement requires that new or additional water quality degradation be allowed only if the applicant has demonstrated that reasonable alternatives to degradation are not feasible. No explanation is documented to show why it is not feasible for US Nitrogen to purchase water from the Old Knox Highway Utility District. Because the Nolichucky is an Exceptional Tennessee Water, shouldn’t all activities be limited to not alter the property of the river?
The primary consideration under Tennessee’s antidegradation statement is that new or increased point source water discharges to Exceptional Tennessee Waters that would cause degradation of any available parameter above the level of de minimis shall not be allowed unless it is necessary to accommodate important economic or social development in the area in which the waters are located. We determine effluent limitations based on the assimilative capacity of the receiving stream, based on the requirement that water quality criteria must be met under critical low flow conditions (e.g., 7Q10 flow). The 7Q10 is a statistical reference that is the lowest receiving stream flow for seven consecutive days in a ten-year recurrence period.
Alternatives for a direct discharge were included with the application for the NPDES permit, which can be found on the TDEC’s permitting database (Dataviewer) at
Notice of Determination
US Nitrogen LLC
NPDES TN0081566
Page 3 of 22
http://www.tn.gov/environment/dataviewers.shtml by choosing Water Resources, then searching for US Nitrogen.
The permittee chose not to connect to a public water supply for its industrial process water for several reasons, the main one being lack of guaranteed uninterrupted water supply, which is critically required for this facility. Old Knoxville Highway Utility District and US Nitrogen have not been able to reach an agreement for the required quantities of guaranteed uninterrupted water supply. Furthermore, the existing potable water suppliers also withdraw water from the Nolichucky River. Therefore, if a potable water supply were to be used as a source of water at the US Nitrogen facility, the water would still come from the Nolichucky River, but would carry the environmental and financial costs of treatment and distribution. In addition, such use would be making that volume of potable water used in a non-consumptive way unavailable for future domestic use.
US Nitrogen will utilize non-potable water to the maximum sustainable and ecologically protective extent to diminish reliance on potable water and the energy consumption associated with its treatment, distribution and ultimate discharge.
3. The release of process wastewater from the US Nitrogen LLC affects not only Greene County but Cocke, Hamblen and Jefferson counties as well. Why weren’t these affected neighboring counties notified of the proposed discharge to the Nolichucky River?
The Tennessee Water Quality Act gives the Department of Environment and Conservation the sole authority for the issuance of NPDES permits. Corresponding notification procedures are described in the Tennessee Rules. Specifically, Rule 0400-40-5-.06 (1) and (9) reads, in part:
(1) For an individual application for a new or expanded discharge, the applicant shall notify the public of the application by posting a sign near the point of entrance to such facility and within view of a public road. The sign shall contain provisions as specified by the commissioner. The sign shall be of such size that is legible from the public road. Also, the sign shall be maintained for at least thirty days following submittal of the application to the division.
[…]
(9) In order to inform interested and potentially interested persons of the proposed discharge/activity and of the tentative determinations regarding it, public notice shall be circulated within the geographical area of the proposed discharge by the following means:
(a) for new, major NPDES or general permits and public hearings, publishing in local daily or weekly newspapers and periodicals, or, if appropriate, in a daily newspaper of general circulation.
In accordance with Rule 0400-40-5-.06(9), the division notified the public via publication on May 6, 2016, in The Greeneville Sun that it had received an NPDES renewal application from US
Notice of Determination
US Nitrogen LLC
NPDES TN0081566
Page 4 of 22
Nitrogen and that the division had prepared a draft permit and that it would hold a public hearing to take comments on the US Nitrogen NPDES draft permit. This same notification was published in the Newport Plain Talk on May 8, 2016. These notifications were based upon the fact that US Nitrogen’s point of discharge is mile 20.8 of the Nolichucky River close to the border of Cocke and Greene counties and not close to a geographical area in either Hamblen or Jefferson counties.
Information regarding public hearings was also posted on our website dedicated to public participation opportunities: http://tn.gov/environment/ppo/. Specifically, the Notice of Hearing was posted as:
Finally, on June 29, 2016, the division extended the comment period until July 25, 2016. The notification of extension was distributed via direct communication to all interested parties.
4. What impacts will ammonia nitrate have on infants? Several municipalities get their water from the Nolichucky. Has TDEC considered that in evaluating the applications?
The Nolichucky River at river mile 20.8 is classified for domestic water supply. This permit is protective of drinking water use standards.
5. Has TDEC evaluated the impacts the project will have on already low-levels of well water in the area?
The withdrawal has no significant effect on surface water levels and therefore will have no effect on groundwater levels. Similarly, the proposed discharge will have de minimis degradation effects on the Nolichucky River.
6. TDEC should post the comments provided by U.S. Fish and Wildlife and the Tennessee Wildlife Resources Agency.
Records or documents submitted to TDEC are available for review by the public and are published on the TDEC Dataviewer at http://www.tn.gov/environment/dataviewers.shtml.
7. The water usage in the permit by US Nitrogen is already over the Federal limit of 2 million gallons per day and that is against Federal Law. Two million gallons, then the facility must insure that a minimum of one fourth of the daily totals must go back into the original source of water. When adding the “pipeline” at the intake at the Conway Bridge (2.16 MGD), and the water taken from the Old Knox Water Utility (from the Nolichucky) the law is being broken which shows in the words used
Notice of Determination
US Nitrogen LLC
NPDES TN0081566
Page 5 of 22
in this permit #TN0081566. Why is TDEC and EPA ignoring open violations of EPA requirements? Where is EPA?
US Nitrogen is permitted in accordance with all of the applicable provisions of Federal and State Laws and regulations. Specifically, the Clean Water Act—Sections 101(g) and 316(b), and 40 CFR Part 125.92(k). Additionally, aquatic resource alteration permit number NRS13.205 (Effective: June 3, 2014, Expires: June 2, 2019), Part I (Special Condition 4) stipulates that the maximum water withdrawal rate shall not be greater than 1,350 gallons per minute (3.007 cubic feet per second or 1.944 million gallons per day). Thus, making the Phase I provisions of 40 CFR Part 125.92(k) not applicable.
Clean Water Act (CWA)
CWA, Section 101(g) It is the policy of Congress that the authority of each State to allocate quantities of water within its jurisdiction shall not be superseded, abrogated or otherwise impaired by this Act. It is the further policy of Congress that nothing in this Act shall be construed to supersede or abrogate rights to quantities of water which have been established by any State. Federal agencies shall co-operate with State and local agencies to' develop comprehensive solutions to prevent, reduce and eliminate pollution in concert with programs for managing water resources.
CWA, Section 316(b) Any standard established pursuant to section 301 or section 306 of this Act and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impact.
Section 316(b) applies to existing facilities that withdraw more than 2 million gallons per day of water and uses at least 25 percent of this water for cooling purposes. 40 CFR Part 125.92(k) U.S. EPA promulgated Phase I final rules for new facilities with cooling water intake structures on December 18, 2001, and these rules became effective on January 17, 2002. (Minor amendments of the Phase I rule have been promulgated and became effective on July 21, 2003.) New facilities, those commencing construction after the effective date of the rules (January 17, 2002), are subject to Phase I rules if:  the facility requires an NPDES permit;  the facility has a cooling water intake structure with a design capacity greater than or equal to two (2) million gallons per day (MGD); and  the facility uses at least 25 percent of the water withdrawn for cooling purposes.
8. Many Federal laws are being violated in this permit and State Law does not trump Federal Law. The permit violates the TN Water Quality Control Act of 1977, as amended, pursuant to numerous sections, and the Federal Clean Water Act or the Federal Water Pollution Act, as amended. The project will have individual and
Notice of Determination
US Nitrogen LLC
NPDES TN0081566
Page 6 of 22
cumulative impacts that which violates the Clean Water Act. In addition, the permit violates Tennessee Rules, sections of 1200-4-3.
This comment is very general, and does not provide any specific technical/scientific data to support the concern/problem being addressed. Rule 0400-40-3 presents Tennessee’s General Water Quality Criteria. The purpose of the NPDES permit is to control discharges so that they comply with the water quality standards and corresponding criteria which are consistent with the requirements of the Tennessee Water Control Act and the Federal Clean Water Act, as amended. The calculations and analysis presented in the rationale of the permit are designed to demonstrate that the discharge will not cause an exceedance of water quality criteria under critical low flow conditions. Therefore, the discharge is fully protective of existing designated uses.
9. The project will impact endangered species found in the project area and will subsequently violate the federal Endangered Species Act. The Nolichucky River at the point of the proposed water intake/discharge (approx.. RM 20.8) is defined by TDEC as an Exceptional Tennessee Water due to the presence of federally-designated Critical Habitat for federally endangered Oyster Mussels (Epioblasma capsaeformis) and Cumberlandian Combshell (Epioblasma brevidens) approximately six miles downstream and populations of the federally-threatened Snail Darter (Percina tanas) and state-threatened Blue Sucker (Cycleptus elongates). TDEC must impose limits on the discharge of all pollutants that are sufficiently stringent to prevent unauthorized take of federally listed species in waters downstream from the discharge. While it appears TDEC has proposed ammonia limits that are likely to be protective, it should revisit the analysis for nutrient (N+N and TP), sulfates and DO to ensure the discharge will not harm listed species.
The NPDES discharge limits are set at levels that are established to be protective of all aquatic species, including rare, threatened, and endangered species. US Nitrogen contracted with specialists to perform surveys including Dinkins Biological Consulting, LLC (DBC) for a freshwater mussel survey of prospective locations in the Nolichucky River. A copy of DBC survey report was submitted to U.S. Fish and Wildlife Services and included in US Nitrogen’s TVA Section 26a permit application and the ARAP application for water intake and outfall structures submitted to the division. After evaluation of alternatives and discussion with the U. S. Fish and Wildlife Service and other agencies, US Nitrogen located the proposed intake and outfall structures in a segment of the Nolichucky River that was not favorable habitat for species of concern. These specific issues have been addressed in aquatic resource alteration permit number NRS 13.205, specifically by General Conditions, 7, 8 and 9.
Furthermore, additional ammonia treatment was incorporated at the facility, reducing originally proposed discharge levels. Finally, while not currently adopted into state water quality standards, the Environmental Protection Agency promulgated recommended criteria for ammonia in August 2013, that are protective of the aquatic community, including freshwater mollusks. In this case, resulting instream ammonia concentrations will be significantly below these recommended EPA criteria.
Notice of Determination
US Nitrogen LLC
NPDES TN0081566
Page 7 of 22
The division’s General Water Quality Criteria specifically mandate critical low flow conditions to be used in calculating reasonable potential and for establishing permit limitations. Those recurrence intervals were applied appropriately and are fully protective of corresponding designated uses.
The monitoring frequency is consistent with the division’s current policies and with other NPDES permits in the state. More intensive monitoring for these parameters is not required, but may be considered in the future, based on the review of discharge monitoring report data
10. Department of Interior, Fish and Wildlife (F&W) “suggested” in a letter that an “entrainment and impingement” process be used to lessen the impact and lower the number of Endangered Species killed off by the high concentration of chemicals that will be dumped into the Nolichucky. The idea is to use 316(b).
“Entrainment and impingement” considerations are not relevant to “high concentrations of chemicals” and none such will be allowed to be “dumped into the Nolichucky” via TDEC issued permits. The purpose of the NPDES permit is to control discharges so that they comply with the water quality standards and corresponding criteria that are consistent with the requirements of the Tennessee Water Control Act and the Federal Clean Water Act, as amended. The calculations and analysis presented in the rationale of the permit are designed to demonstrate that the discharge will not cause an exceedance of water quality criteria under critical low flow conditions. Please also see answer to question number 7.
11. It is apparent that TDEC gave a permit for US Nitrogen to bypass the WWTP for hundreds of thousands of gallons of contaminated water to be released into the Nolichucky. Therefore, TDEC is criminally responsible for permitting that effluent, contaminated water to flow back into the river below the intake and out flow pipelines. Where is the oversight and what action are planned to protect this and future generations?
NPDES permits issued by TDEC-Division of Water Resources cannot have provisions that would create a condition of water pollution. All NPDES permits must comply with all of the applicable requirements of T.C.A. 69-3-108 and Chapter 0400-40-05. With regard to bypasses of “contaminated water,” this permit is not authorizing bypasses. Specifically, all NPDES permits contain standard language in Part II:
Part II – C, 6. Bypass
a. "Bypass" is the intentional diversion of wastewater away from any portion of a treatment facility. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities, which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
Notice of Determination
US Nitrogen LLC
NPDES TN0081566
Page 8 of 22
b. Bypasses are prohibited unless the following 3 conditions are met:
i. The bypass is unavoidable to prevent loss of life, personal injury, or severe property damage;
ii. There are not feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment down-time. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass, which occurred during normal periods of equipment down-time or preventative maintenance;
iii. The permittee submits notice of an unanticipated bypass to the Division of Water Resources in the appropriate environmental assistance center within 24-hours of becoming aware of the bypass (if this information is provided orally, a written submission must be provided within five days). When the need for the bypass is foreseeable, prior notification shall be submitted to the Director, if possible, at least 10 days before the date of the bypass.
c. Bypasses not exceeding limitations are allowed only if the bypass is necessary for essential maintenance to assure efficient operation. All other bypasses are prohibited. Allowable bypasses not exceeding limitations are not subject to the reporting requirements of 6.b.iii, above.
12. Where is the Environmental Protection Agency (EPA)? The Memorandum of Agreement (MOA) says that an audit will be performed once a year. Criminal offenses by EPA and TDEC? Where is EPA?
The United States Environmental Protection Agency (EPA) is a partner with the State of Tennessee as a delegated NPDES permitting authority and has a constant oversight presence with TDEC. The signed Memorandum of Agreement (MOA) relative to NPDES permitting between TDEC and EPA has an effective date of October 12, 2007. Under MOA, Section IV – Permit Review and Issuance there are a very comprehensive set of tasks for both the division and EPA that must be performed in order to ensure proper issuance of all permits covered under our NPDES delegation agreement. In the email dated May 20, 2014, EPA Region 4 summarized their review of the initial draft permit:
“We received this draft permit for review on March 11, 2014. Our 30 day review period under our Memorandum of Agreement (MO) with has expired. We have no comments or recommendations to make on this draft permit.
As per our MOA, if you receive significant comments objecting to draft permit or if you propose to issue a draft permit which differs significantly from this draft please send to us a copy of the proposed permit and response to comments prior to issuance.”
Notice of Determination
US Nitrogen LLC
NPDES TN0081566
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A response to the Johnson City EFO inspection from June 2, 2016, by the US Nitrogen facility can be found on the TDEC DataViewer at the following link: http://environment-online.state.tn.us:8080/pls/enf_reports/f?p=9034:34051:0::NO:34051:P34051_PERMIT_NUMBER:TN0081566
13. Folks living in Greene, Cocke, Hamblen Counties and on Douglas Lake that have private wells, and now a contaminated water source for public consumption, are being told that these chemicals from US Nitrogen’s effluent to the Nolichucky will not harm the user. TDEC has not presented any reliable, or acceptable, record of the cumulative affect [sic] of all these chemicals on the Greene, Cocke and Hamblen County or Douglas Lake residents. It is called the “Big Lie”. Another lawless action by TDEC and EPA? Where is EPA?
The Nolichucky River at river mile 20.8 is classified for domestic water supply. This means that any permit that the division issues must be protective of drinking water use standards (and, consequently of all water intakes, regardless of the distance). Tennessee’s water quality standards for groundwater have the same standards of protection as the drinking water standards for surface waters. Since this discharge meets water quality standards for domestic water supply, it is not considered to pose a threat to downstream domestic water withdrawals or for well waters.
14. TDEC must impose limits on the discharge of all pollutants that are sufficiently stringent to prevent unauthorized take of federally listed species in waters downstream from the discharge. TDEC should evaluate the cooling water intake structure to ensure it will not harm threatened and endangered species.
The threatened and endangered species in the subject reach of the Nolichucky River are species of freshwater mussels. The intake structures and the discharge diffuser are being located in a stretch of the river where the bed of the river is primarily hard rock, a habitat which is not favorable for these species. Water withdrawal will be less than 1% of river flow, even during extremely dry periods, making it practically impossible for the withdrawal to harm any species. In addition, the intake structures were designed to minimize harm to fish and aquatic life.
The location and configuration of the effluent diffuser were designed to assure in-stream water quality criteria are achieved before the flowing water exits the rock-bottom portion of the river and enters downstream reaches where the river bed - covered with silts, sands, and cobbles – offers habitat more suitable for all mussels, including federally listed species. This minimizes the risk of harm or “taking” of such species. Please also see answers to questions number 7 and 13.
15. The permit should require U.S. Nitrogen to conduct in-stream biological monitoring.
During the permit term, the permittee shall develop and implement a biological monitoring plan to define the biological impact of its discharge on the Nolichucky River. To complete this, monitoring will be required to determine the biological integrity and diversity of the receiving streams, pursuant to the relevant Tennessee Water Quality Criteria for those streams. Specifically,
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the permit requires assessment of the biological integrity of the receiving stream in accordance with the Tennessee Water Quality Criteria for all streams classified for Fish and Aquatic life per Rule 0400-40-3-.03(k). Files for such data must be maintained and be easily accessible to EPA for program evaluation for each permittee per the MOA - Section III A. 8 h. (General Provision).
16. Any final permit should include increased monitoring requirements to confirm the assumptions underlying TDEC’s water quality analysis. Specifically, monthly monitoring for a full 12-month permit cycle for nitrates + nitrites, total phosphorous, sulfates, and aluminum should be required.
The proposed list of monitored parameters and a corresponding monitoring frequency is consistent with the division’s current policies and with other active NPDES permits in the state. More intensive monitoring for these parameters is not required, but may be considered in the future, based on the review of discharge monitoring report data.
17. If any single sample exceeds the permit limit, the WET monitoring frequency should be increased to once per month.
The WET protocol established in the permit is consistent with TDEC’s standard practice. Files for WET data must be maintained and be easily accessible to EPA for program evaluation for each permittee per the MOA - Section III A. 8 h. (General Provision).
It should be noted that there is an error (typo) in the draft permit rationale. The proposed limits on page R-39 (see below) show the effluent toxicity limits as <1%.
The limits are correct (>1%) in the actual limits table shown in Part I A. of the permit (see below). WET limits are expressed as “more than” when not recalculated into toxicity units.
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18. TDEC should confirm the affected ecoregion and the stream background data for NO3 + NO2 and TP and utilize the applicable numeric interpretation of TDEC’s narrative nutrient criterion for fish and aquatic life in revised de minimis calculations (see document “Developing of Regionally-based Interpretations of Tennessee’s Narrative Nutrient Criterion.” [Reference: 0400-40-03-.03(k)]). TDEC evaluated N+N by applying a much higher drinking water standard of 10 mg/L N+N and no numeric standard for TP (Reference: Draft Permit at R-46). This analysis cannot support a finding of de minimis degradation with respect to fish and aquatic life.
General Water Quality Criteria (Rule 0400-40-3) does not contain numeric criteria for nutrients. Protection of designated uses from detrimental effects of nutrients is achieved by implementation of applicable narrative criteria. For example, the narrative criteria for protection of fish and aquatic life states that “waters shall not contain nutrients in concentrations that stimulate aquatic plant and/or algae growth to the extent that aquatic habitat is substantially reduced and/or the biological integrity fails to meet regional goals.” The document referenced by the commenter is “Development of Regionally-Based Numeric Interpretations of Tennessee's Narrative Nutrient Criterion” by Arnwine and Denton. This document was prepared in 2001, and it presents the division’s science-based recommendation to formalize regional interpretations of the existing narrative nutrient criteria. This recommendation was subsequently not established in the water quality standards, and the division reverted to the original (and current) narrative criteria. This gives the division discretion, based on site-specific factors, in how to interpret the existing language, particularly with respect to its implementation in NPDES permits.
Furthermore, any criterion needs a flow basis for proper application. For example, current water quality standards stipulate that fish and aquatic life criteria be applied on the basis of the lowest
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flow that would be expected over a seven day period every ten years. This amount of flow is commonly called 7Q10. Other criteria have a different flow basis. Considering that recommendations from the above-referenced interpretation document were not included in the General Water Quality Criteria, there has not been a corresponding critical low flow condition established in the rules for which the interpretation of the narrative criteria can be applied.
Finally, quantities of ammonia that could be discharged on the basis of water quality considerations would be limited by toxic effect on fish and aquatic life rather than by any reduction in ambient dissolved oxygen. Biological reduction of ammonia to nitrate (an oxygen demanding reaction) requires concentrations of nitrifying bacteria thriving under conditions that do not reasonably occur in fresh water streams. The toxic effect of ammonia is regulated by state water quality criteria and recommended federal criteria.
19. Why give an extension of five years to a permit that has no production record, or record of truth, nor attempting to stay in compliance. This TN0081566 NPDES Permit must not be extended for five (5) years.
The NPDES Permit TN0081566 is not being “extended,” it was being considered for “renewal” which requires an application at least 180 days prior to the expiration date. Historically, the vast majority of all NPDES permits nationwide and in the State of Tennessee have been issued for a five year period. However, under the Watershed Management Program initiated in January 1996, the division’s permitting strategy was adjusted to a watershed approach with the goal of having all NPDES permits in the same watershed expire during the same year. The discharge for US Nitrogen is in the Nolichucky Watershed (USGS Cataloging Unit: 06010108) which has a target expiration year that necessitated the existing NPDES permit to be issued for less than two years (June 3, 2014, to November 30, 2015) in order to bring it into sequence with all other NPDES permits in this watershed. Therefore, in order to stay on the watershed cycle, this permit was issued for a period of five years.
20. According to news reports, no company log exists which indicates the analytic methods used to analyze the outflow. I would ask for specific methods to be in place before allowing any further outflow from the plant.
Specific monitoring and reporting requirements are contained in PART I-A of the proposed permit (see excerpt below):
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Further, test procedures and prescribed analytical methods are stipulated in PART 1-B of the proposed permit. The test procedures require:
a. The analysis of pollutants shall conform to regulations published pursuant to Section 304 (h) of the Clean Water Act (the "Act"), as amended, under which such procedures may be required, and.
b. Unless otherwise noted in the permit, all pollutant parameters shall be determined according to methods prescribed in Title 40, CFR Part 136, as amended, promulgated pursuant to Section 304 (h) of the Act.
The proposed limitations meet the requirements of Section 301(b)(2)(A), (C), (D), (E), and (F) of the Clean Water Act as amended.
21. According to current assessment data, there has been little to no impact on the river. However, what has failed to be noted is that two ammonia plants are not yet operational. Those two plants are the essence of the current issue. In addition, the current assessment showed missing data, incomplete and/or incorrect data. At the
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very least it call for corrective action to be taken rather than rewarding them with a five year contract and NO consequences.
The Nolichucky River at the point of discharge is classified for domestic water supply, industrial water supply, fish and aquatic life, livestock watering and wildlife, recreation, and irrigation. The permit requires that the discharge meet standards that protect each of those uses. Effluent/discharge limitations are established to assure that the concentrations of chemicals and/or bacteria in the effluent will not exceed water quality criteria in the receiving stream and will be safe for aquatic life or humans who swim and fish in the Nolichucky River. All necessary means of treatment must be employed at the facility to ensure compliance with permit terms and conditions.
To our knowledge there is no “missing data, incomplete and/or incorrect data” associated with the UN Nitrogen NPDES permit TN0081566. The five year permit is not a “contract” but a regulatory permit with conditions and requirements which if not met could result in significant penalties assessed against the permittee.
22. In response to earlier comments, TDEC confirmed in the 2014 Notice of Determination that “treatment of river water for use by the facility will result in removal of suspended solids (Reference: TDEC-Division of Water Resources, Notice of Determination, NPDES permits TN0059366 and TN0081566 and ARAP permit NRS13.205, June 3, 2014) and therefore U.S. Nitrogen’s discharge of TSS is not likely to cause measurable degradation. However, the fact this stream segment is biologically impaired (Reference: TDEC-Division of Water Resources, Proposed Final 2014 303(d) List of Impaired Waters, October 2014).
TSS includes a broad category of particulates, including plant material. This is of particular interest because other pollutants of concern in the discharge (e.g., nitrates + nitrites (N+N), total phosphorous (TP), sulfates, aluminum, and surfactants) that attach to suspended solids lack numeric water quality criteria in Tennessee’s rules, making it more difficult to assess their potential impacts on fish and aquatic life in the Nolichucky River. While the discharge of TSS from this facility will likely not result in a water quality violation for suspended solids, failing to control TSS is also failing to control other pollutants of concern.
The limit for Total Suspended Solids (TSS) may be both a technology based and water quality based effluent limitation. Solids are considered a conventional pollutant (as opposed to toxic). Suspended materials in water can cause turbidity, discoloration, interruption of light passage for aquatic growth, coating of fish gills, and sedimentation on stream bottoms interfering with egg laying and feeding. They can also act as carriers (through adsorption) of toxic materials and cause interference with proper operation and maintenance of the typical treatment systems used for the pollutant control in this permit (e.g. air stripping, carbon adsorption, ion exchange, etc.).
There are no numerical limitations for TSS in TDEC Rule 0400-40-03. However, there are several narrative criteria, applicable to all designated uses, that must be considered:
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 Solids, Floating Materials and Deposits - There shall be no distinctly visible solids, scum, foam, oily slick, or the formation of slimes, bottom deposits or sludge banks of such size or character that may be detrimental to fish and aquatic life.
 Turbidity, Total Suspended Solids, or Color - There shall be no turbidity, total suspended solids, or color in such amounts or of such character that will materially affect fish and aquatic life. In wadeable streams, suspended solid levels over time should not be substantially different than conditions found in reference streams.
Furthermore, ecoregions vary in the amount of silt that can be tolerated before aquatic life is impacted. Through work at reference streams, TDEC staff found that the appearance of sediment/silt in the water is often, but not always, associated with loss of biological integrity. Thus, for water quality assessment purposes, it is important to establish whether or not aquatic life is being impaired. For those waterbodies where loss of biological integrity can be documented, the habitat assessment can determine if this loss is due to excessive silt deposits.
Historically, silt has been one of the primary pollutants in Tennessee waterways. The division has experimented with multiple ways to determine if a stream, river, lake or reservoir is impaired due to silt. These methods include visual observations, chemical analysis (total suspended solids), and macroinvertebrate/ habitat surveys. The most satisfactory method for identification of impairment due to silt in flowing water has been biological surveys that include habitat assessments. This facility, however, is not proposing to discharge silt.
Permit writers must consider the waste sources, the type of operations at the permittee’s facility and the available treatment technology available and make a best professional judgement determination as to placing effluent limitations and/or monitoring requirements in the permit. The fact that the stream segment is biologically impaired is a concern, but the impairment is not related to the effluent quality of the U.S. Nitrogen wastewater discharge. TDEC’s 2016 DRAFT 303(d) List dated July 28, 2016, shows the Nolichucky River in Hamblen, Greene and Cocke Counties impacted because of loss of biological integrity due to siltation:
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However, the “Pollutant Source” is shown as “Pasture Grazing” and “Source in Other State.” Also, the Nolichucky River was not one of the streams listed for Fish Tissue Advisories dated July 2016 by TDEC-Division of Water Resources. Therefore, U.S. Nitrogen’s discharge of TSS is not likely to cause measurable degradation in the Nolichucky River.
23. Mixing Zone – TDEC must ensure that any mixing zone will not:
(a) Prevent the free passage of fish or cause aquatic life mortality in the receiving waters; (b) contain materials in concentrations that exceed acute criteria beyond the zone immediately surrounding the outfall; (c) result in offensive conditions; (d) produce undesirable aquatic life or result in dominance of a nuisance species; (e) endanger the public health or welfare; or (f) adversely affect the reasonable and necessary uses of the area; (g) create a condition of chronic toxicity beyond the edge of the mixing zone; (h) adversely affect nursery and spawning areas; or (i) adversely affect species with special state or federal status. [Reference: 0400-40-03-.05(2)]
In the 2014 response to comments TDEC notes the modeling has indicated “the diffusing plume will have a maximum total width of about 70 feet, but as the commenter previously requested the spatial extent of the mixing zone is not defined in the permit. [References: 0400-40-03-.04(12)(defining mixing zones) and 0400-40-03-.05(2)(mixing zones shall be restricted in area and length)]. Given the high loading of various pollutants, there is a possibility of harm to fish and aquatic life within the mixing zone. Although TDEC has proposed a WET limit, that does not address chronic impacts to fish and aquatic life. Establishing a clearly defined
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mixing zone in the permit will hold the permittee accountable and ensure greater protection to water quality and aquatic life.
A mixing zone is an area of a lake or river where pollutants from a point source discharge are mixed, usually by natural means, with the receiving stream. In the mixing zone, the level of toxic pollutants is allowed to be higher than the acceptable concentration for the general water body. Outside the mixing zone, the pollutant levels must meet water quality standards. A typical mixing zone consists of two parts: the zone of initial dilution (ZID), near the outfall, and the chronic mixing zone from the ZID out to where water quality criteria are met.
TDEC Rule 0400-40-03-.04(12) defines “Mixing Zone” as that section of a flowing stream or impounded waters in the immediate vicinity of an outfall where an effluent becomes dispersed and mixed.
TDEC Rule 0400-40-03-.05(2) under “INTERPRETATION OF CRITERIA” states:
The effect of treated sewage or waste discharge on the receiving waters shall be considered beyond the mixing zone except as provided in this paragraph. The extent to which this is practicable depends upon local conditions and the proximity and nature of other uses of the waters. Such mixing zones (See definition) shall be restricted in area and length and shall not (a) prevent the free passage of fish or cause aquatic life mortality in the receiving waters; (b) contain materials in concentrations that exceed acute criteria beyond the zone immediately surrounding the outfall; (c) result in offensive conditions; (d) produce undesirable aquatic life or result in dominance of a nuisance species; (e) endanger the public health or welfare; or (f) adversely affect the reasonable and necessary uses of the area; (g) create a condition of chronic toxicity beyond the edge of the mixing zone; (h) adversely affect nursery and spawning areas; or (i) adversely affect species with special state or federal status.
Two important sentences in Rule 0400-40-03-.05(2) that were omitted from the comment stipulate that “the effect of treated sewage or waste discharge on the receiving waters shall be considered beyond the mixing zone . . . The extent to which this is practicable depends upon local conditions and the proximity and nature of other uses of the waters.” These factors were taken into consideration via the modeling of the mixing zone by the applicant using CORMIX, a model widely accepted by the US Army Corps of Engineers and US Fish and Wildlife Service. The modeling indicates that the U.S. Nitrogen discharge will meet the restrictive ammonia water quality criteria within approximately 20 to 30 feet during 7Q10 conditions and an extreme low flow condition comparable to the 3Q20 flow. The eight diffuser ports will be located about 8.5 feet apart, spanning from about 40 feet off the right descending bank to about 100 feet from that bank. Modeling indicates the diffusing plume will have a maximum total width of about 70 feet, which is less than 30% of the width of the river at low flows. As a result, migrating fish and aquatic life will have ample space to avoid the mixing zone. Additionally, the mixing zone will not violate the provisions of TDEC Rule 0400-40-03-.05(2), items (a) through (i).
24. .The Clean Water Act (CWA) preamble declares that: “Our nation’s waters should be swimmable and fishable.” This legal obligation improves our national waters and the requirement should be improved and continue to be improved in our state and national waters as we look for ways to keep our rivers healthy into the future. I
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contend that the State of Tennessee is not being diligent in fulfilling this obligation. The proposed permit should be denied because it is inconsistent with the intent of the CWA and the Tennessee Water Quality Act (TWQCA).
The Clean Water Act (CWA), 33 U.S.C. §1251 et seq. (1972), establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1972.
Under the CWA, EPA has implemented pollution control programs such as setting wastewater standards for industry. EPA also set water quality standards for all contaminants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit was obtained. EPA's National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. EPA delegated NPDES permitting authority to the State of Tennessee in 1978, but maintains an oversight role via a delegation agreement. Point sources are discrete conveyances such as pipes or man-made ditches. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit; however, industrial, municipal, and other facilities must obtain permits if their discharges go directly to surface waters. The Tennessee Water Quality Control Act (TWQCA) of 1971 and amended in 1977 is consistent with the CWA.
The CWA’s primary objective is to restore and maintain the integrity of the nation’s waters. The objective translates into two fundamental national goals: to eliminate the discharge of pollutants into the nation’s waters, and to achieve water quality levels that are fishable and swimmable. Thus, NPDES permits issued by the State of Tennessee must be consistent with these goals and objectives. Additionally, our state laws and rules do not allow the Commissioner to issue a permit that would create a condition of pollution. Compliance with the proposed NPDES permit TN0081566 achieves the objectives of the both the CWA and the TWQCA.
25. The Tennessee state rules and regulations for water pollution are too lenient for industry and point source pollution as well as failing in non-point source water pollution and cause an accumulative negative impact on our state and national surface and ground waters.
This matter is outside of the purview of this proposed permitting activity and this notice of determination.
26. .The state’s “de minimus” determination pollutes and is inconsistent with the CWA and TWQCA. The EPA and TDEC should discontinue dilution as a method of accepting pollution discharges.
The division has made a determination of the receiving waters associated with the proposed discharge and has found the river to be an Exceptional Tennessee Water. The Exceptional Tennessee Water designation is based on a portion of the stream being designated as critical habitat for the Oyster Mussel and Cumberlandian Combshell (0.4 mi u/s of Enaka dam approx.
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RM 9 to Susong Bridge, Approx RM 14) and populations of federal threatened Snail Darter and state threatened Blue Sucker. No permanent degradation of water quality will be allowed unless the applicant demonstrates to the Water Quality Control Board that the degradation is for necessary economic or social development and will not interfere with or become injurious to any existing uses. The specific requirements for this demonstration are described in the Rules of the Tennessee Department of Environment and Conservation, Chapter 0400-40-3-.06(4).
The anti-degradation provision of the state water quality standards recognizes that some activities may be sufficiently limited in duration or quantity to qualify as not altering the properties of the water. The regulation terms this “de minimis” and defines it as less than loss of 5% of assimilative capacity for a parameter. The applicant’s determination of “de minimis” is allowed on the basis of an engineering alternatives analysis and verification by the state that the activity, as proposed, is de minimis per reasonable potential procedures used by the division to establish permit limits. Both of these factors have been met via the proposed permitting action.
27. Mixing zones are not appropriate to the use of the river for a healthy aquatic bio-system, fishing, water sport recreation and water quality concerns for drinking water and agriculture. These “Mixing Zones” are areas of more concentrated pollution and are injurious to life.
The mixing zone is appropriate for the U.S. Nitrogen discharge to the Nolichucky River and complies with the applicable provisions of TDEC Rule 0400-40-03. See comment and response in number 23 above.
28. The 7Q10 rule is used specifically to allow pollution up to 5% of the water volume of the river and is too lenient. A near Zero amount of pollution verses water volume is more appropriate and point and non-point industry should be obligated to comply.
The primary consideration under Tennessee’s antidegradation statement is that new or increased water withdrawals in Exceptional Tennessee Waters that would cause degradation of any available parameter above the level of de minimis shall not be allowed unless it is necessary to accommodate important economic or social development in the area in which the waters are located. The same requirement applies to discharges of pollutants authorized by an NPDES permit. For example, the proposed withdrawal is less than one percent of the 7Q10 flow. By definition, this is considered a de minimis impact because it is less than five percent of the 7Q10 flow. The 7Q10 is a statistical reference that is the lowest receiving stream flow for seven consecutive days in a ten-year recurrence period. We determine effluent limitations based on the assimilative capacity of the receiving stream, based on the requirement that water quality criteria must be met under critical low flow conditions.
The anti-degradation provision of the state water quality standards recognizes that some activities may be sufficiently limited in duration or quantity to qualify as not altering the properties of the water. The regulation terms this “de minimis” and defines it as less than loss of 5% of assimilative capacity for a parameter. The applicant’s determination of “de minimis” is allowed on the basis of an engineering alternatives analysis and verification by the state that the activity,
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as proposed, is de minimis per reasonable potential procedures used by the division to establish permit limits. Both of these factors have been met via the proposed permitting action.
29. The discharge of this polluted water will alter the ecology of the Nolichucky River and will impact the aquatic life of the river. This impact is not only to the aquatic organisms that are state and federally listed; endangered, threatened or sensitive, but also the non-federally and state listed flora and fauna that are vital for a healthy ecosystem. The permit draft and other analytical reports on the proposal-nitrate loads, metals and other water contaminants are not clear for the general public to understand. The state by allowing pollutants to enter the Nolichucky River will cause degradation to the aquatic health of the river system and in extension injury to the public. Water contaminated with identified nutrient can cause algal blooms followed by algal die off causing a change in water oxygen availability to aquatic species. Nitrates have specific impacts on life but if metabolized into Nitrites the impacts have a greater negative concern.
The division has made a determination of the receiving waters associated with the proposed discharge and has found the river to be an Exceptional Tennessee Water. The Exceptional Tennessee Water designation is based on a portion of the stream being designated as critical habitat for the Oyster Mussel and Cumberlandian Combshell (0.4 mi u/s of Enaka dam approx. RM 9 to Susong Bridge, Approx RM 14) and populations of federal threatened Snail Darter and state threatened Blue Sucker. No permanent degradation of water quality will be allowed unless the applicant demonstrates to the Water Quality Control Board that the degradation is for necessary economic or social development and will not interfere with or become injurious to any existing uses. The specific requirements for this demonstration are described in the Rules of the Tennessee Department of Environment and Conservation, Chapter 0400-40-3-.06(4). To date, no information has been presented to document or present a plausible argument that the discharge via Outfall 001 from U.S. Nitrogen under TN0081566 will alter the ecology of the Nolichucky River and will impact the aquatic life of the river.
30. Temperature of the discharged waters would cause change in the biological oxygen demand of the river.
The temperature of the discharged waters will have an extremely small effect on river temperature, dissolved oxygen (DO) levels (see graph below) resulting in no conceivable change in the DO sag curve in the Nolichucky River. Considering that Outfall 001 discharges to the Nolichucky River, a receiving stream with a large critical low flow proportional to the effluent flow rate, there is no plausible expectation or potential of exceeding any applicable WQ criteria. Therefore, effluent temperature is monitored on "report only" basis on the Discharge Monitoring Reports (DMRs). Considering the reported temperature will be the one of the effluent, an exceedance of 30.5°C (water quality criteria) is not a permit violation. The 30.5°C value applies to the receiving stream, not the effluent. Therefore, if the effluent temperature exceeds 30.5°C, the permittee should note in the "comments" section of the DMR that this is the temperature of the effluent.
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31. Deny water permit identified by TN0081566 and that the rules for de minimis, mixing zone, 7Q10 and quantity of pollutants be changed to extremely low limits or eliminate pollutants altogether from water discharges into the river and assure that Exceptional waters of the state are exceptional.
The division has made a determination of the receiving waters associated with the proposed discharge and has found the river to be an Exceptional Tennessee Water and this permitting activity will not change that status. See comments 27, 28, 29 and 30.
32. The state by allowing the degradation of waters is inconsistent with the civil rights of our citizens that expect our government; Local, State and National to work in our best interests and prevent the degradation of our waters.
The renewal of U.S. Nitrogen’s NPDES permit TN0081566 will not allow for degradation of waters of the United States or waters of the State of Tennessee—see comments 9, 14, and 24 through 31.
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DETERMINATION
After consideration of all public comments, the Tennessee Department of Environment and Conservation, Division of Water Resources finds that the proposed activity can be authorized in a manner protective of all designated uses and associated water quality standards to the Nolichucky River.
The division appreciates the input from all commenters, and used those comments to further strengthen the permit and explain areas of concern. Additionally, the final permit has been modified to address typographical errors and clarifications. The division does not consider any of these typographical errors and clarifications to be of a substantial nature that in any way removes, weakens, or diminishes permit requirements.
The proposed effluent limitations are fully protective of all the designated uses of the Nolichucky River. No negative impacts to water quality are associated with the effluent limitations in the proposed discharge permit. It is, therefore, the division’s determination that the renewal of NPDES permit TN0081566 be issued.
Please contact Ms. Elizabeth Rorie at 615-532-1172 or Elizabeth.Rorie@tn.gov to request additional copies of this NOD. It may also be found on TDEC’s Dataviewer.
DATE: October 3, 2016
for Tisha Calabrese-Benton
Director

Tuesday, October 4, 2016

TDEC Renews US Nitrogen Permit to 2020


By Walter F. Roche Jr.

The Tennessee Department of Environment and Conservation has renewed until Oct. 31, 2020 the permit allowing US Nitrogen to dump millions of gallons of water per day from its Midway plant into the Nolichucky River.
In a notice dated Monday the agency said the permit would become effective Nov. 1 and run to 2020. The proposed renewal was the subject of a June 9 public hearing in which dozens of Greene County and area residents expressed strong opposition. Some had urged that at the least the agency should limit the duration of the permit to a shorter time period.
Eric Ward, a TDEC spokesman, confirmed Tuesday the permit that was the subject of the public hearing was renewed.
Scott Banbury, a representative of the Sierra Club, submitted testimony following the hearing contending that it was too soon to issue a long term permit especially since the ammonium nitrate manufacturing facility was not even in full operation.
"US Nitrogen completely dominates with all requests granted to degrade the Nolichucky River and pollute Greene County's air with hazardous nitric funes," said Don Bible, a longtime opponent who attended the public hearing. 
Since that June hearing the company has experienced a series of startup problems, including the Aug. 23 release of a large orange plume of nitrogen gases. Company officials have acknowledged they exceeded state pollution limits in the process.
Banbury said the state's approval showed officials ignored the issues he and others raised including the fact that US Nitrogen failed to meet the requirements under its original permit, which included the collection of monitoring data.
"It's obvious that the state of Tennessee is totally wed to this project. Whenever the company fails to meet the requirements, the state just loosens the requirements and makes it easier for them," Banbury said
The notice of approval comes just after TDEC also  approved a series of amendments to US Nitrogen's permits. The changes were sought in the wake of the startup problems. Amendments to four of the company's air pollution permits were approved in a little over a month after they were requested.
US Nitrogen, citing the startup delays, had told state regulators it would be impossible to meet some of the deadlines established under the original permits.
Ward, the TDEC spokesman, said a fifth amendment sought by US Nitrogen was not granted because it was not needed. He said the company already had the authorization to take the action sought under its existing boiler permit.
The four amendments were approved on Sept. 28, Ward said.
Contact: wfrochejr999@gmail.com

Sunday, October 2, 2016

TDEC Gives Swift OK to US Nitrogen Permit Changes


By Walter F. Roche Jr.

Tennessee environmental officials have quietly and swiftly approved a series of permit changes to accommodate US Nitrogen's  requests stemming from the company's recent start up problems at its $200 million Midway facility.
Records of the Tennessee Department of Environment and Conservation show changes were approved to four of the chemical firm's key permits, including operation of a nitric acid manufacturing facility.
The attempted startup of the acid plant produced a large orange plume that hung over the 500 acre site and was visible for miles. US Nitrogen has acknowledged the attempted Aug. 23 startup resulted in emissions in excess of state limits.
The amendment requests were submitted in a series of letters from company plant manager Andrew Velo to Michelle Owenby, the director of TDEC's air pollution branch.
Affected are the permits for the nitric acid plant, the carbon dioxide liquefaction plant and the anhydrous ammonia operation.
The approved changes also allow US Nitrogen to startup the nitric acid plant under controlled conditions before a Selective Catalytic Reduction process has been made operational. The SCR system is designed to reduce nitrogen oxide emissions to the atmosphere.
In requesting the permit changes Velo told TDEC that due to the delays caused by the startup problems it would be impossible for the company to collect and report required emissions data by the original deadlines.
"It is physically impossible to complete and report the results" by the original deadlines, Velo wrote.
In the carbon dioxide liquefaction plant the permit amendments increase the maximum water usage from 2000 gallons per minute to 2400 gallons per minute. TDEC also approved the use of an additional venting site in the operation.
In yet another change TDEC agreed to extend the liquefaction plant permit for another year to Dec. 31, 2017. It had been set to expire at the end of this year.
In the nitric acid plant the revised permit gives US Nitrogen 180 days to collect and submit monitoring data. That amendment had been submitted Sept. 2.
In the ammonia plant the revised permit allows the company to begin startup efforts before the Selective Catalytic Reduction equipment is operational as long as only 15 burners are used during that phase. The amendment states that with the limited use of burners, US Nitrogen will be able to meet the existing hourly limit on nitrogen oxide emissions.
The final amendment is for the cooling towers and it extends from 60 to 180 days the deadline for US Nitrogen to submit the results of required monitoring reports.
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