US Nitrogen Seeks Major Permit Renewal

By Walter F. Roche Jr.

US Nitrogen, the subsidiary of an international explosives manufacturer, has formally filed with Tennessee environmental officials, an application to renew its most controversial permit, the one that allows it to pull millions of gallons of water a week from the Nolichucky River.
The renewal application, including data on water that is pumped back into the Nolichucky, was submitted last week to the Tennessee Department of Environment and Conservation. The current permit expires on Oct. 31 of next year.
The original permit was heatedly opposed by some local residents but had the strong support and cooperation of local officials.
The renewal application was submitted by Dylan Charles, who only recently was appointed as Plant Manager at the Midway facility. The local company is a subsidiary of Austin Powder, the Ohio based explosives manufacturer with global production facilities.
According to the existing permit, TDEC determined that US Nitrogen's use of up to a million gallons a day from the Nolichucky "will not cause degradation above a de minimus level" to the river.
The company, according to the permit, uses water from the river in the production of ammonium nitrate which is a major component of the explosives Austin Powder produces. Some of the river water is processed in an on-site treatment plant and excess water is pumped back in to the river.
Granting of the permit came following a public hearing in which some local residents expressed heated opposition and warned of adverse environmental effects.
It was not clear from the filing whether a public hearing will be held on the renewal request.
One local opponent Brock Wampler, recently filed a complaint with TDEC charging that on Sept. 24 and Sept. 27 excess emissions came from the plant causing odors and smoke on his property.
TDEC, in a response issued Oct. 24, said the agency investigation found no evidence that the company violated its permits.
TDEC manager Ronald Wilhoit wrote that a review of US Nitrogen records and a viewing of surveillance tapes showed no evidence of permit violations.
Wilhoit said that while prevailing winds on Sept. 24 would have been blowing in the direction of Wampler's property, no violations could be detected.
As for Sept. 27 Wilhoit said that although ammonia plant flares were operating for 15.7 hours on that day, there were no visible emissions beyond "small amounts of steam."
TDEC officials have reached similar conclusions on numerous other complaints from area residents.
A suit is still pending in Davidson Chancery Court in which several local residents have challenged the legality of the permit state transportation officials granted facilitating the use of water from the Nolichucky.
According to the 16-page permit renewal application, water being returned to the Nolichucky contains copper, zinc and thalium is "believed to be present" as is chlorobromethane.
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