May Hearing Set on USN River Permit

By Walter F. Roche Jr.

Tennessee environmental officials have scheduled a public hearing on the request of a Greene County chemical company to renew the permit that allows it to draw - free of charge - up to nearly 2 million gallons of water per day from the Nolichucky River.
The notice issued today by the Department of Environment and Conservation is set for May 18 at the West Greene High School. An initial informational session will be held at 5 p.m. followed by a formal public hearing at 6 p.m.
The official notice states that testimony may be limited "to allow all parties an opportunity to speak.
The permit in question is one of several granted to US Nitrogen, a subsidiary of Austin Powder, an Ohio based explosives manufacturer.
According to the notice the river water will be used for cooling and to manufacture ammonium nitrate, ammonia and nitric acid. The company draws the water from the river at mile marker 20.8, about 10 miles from its manufacturing facility in Midway.
According to the notice during the first hour residents will be able to pose one-on-one questions to TDEC staff or representatives of US Nitrogen.
Local environmental activist Park Overall previously submitted a formal request for TDEC to hold a public hearing on the permit renewal. Overall has also requested a hearing on US Nitrogen's proposal to use a new process for the production of nitric acid
In addition to comments at the hearing, interested parties may submit written comments through May 31.
The US Nitrogen permit to draw water from the river and to discharge waste water back into the river has been highly controversial. It has also triggered several lawsuits, none of which derailed the project.
US Nitrogen's current permit expires June 2.
In its 19-page application for a renewal the company said it had explored other alternatives to the use of the Nolichucky including purchasing water from the Old Knox Utility District.


I












NOTICE OF HEARING

TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION Division of Water Resources William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue, 11th Floor Nashville, Tennessee 37243

Notice is hereby given: the Tennessee Division of Water Resources will hold a public hearing regarding an application for the re-issuance of a water quality permit to withdraw water from the Nolichucky River for industrial water supply.
Location: West Greene High School Gymnasium 275 West Greene Drive Mosheim, TN 37818
Date: Tuesday May 21, 2019
Informational Session: 5:00 – 6:00 pm eastern time
Public Hearing: 6:00 – 8:00 pm eastern time
Public comments will be received concerning the proposed permit action described below:
Applicant:
Division File Number: US Nitrogen LLC Dylan Charles 471 Pottertown Road Midway, TN 37809 423-422-2040 NRS19.062
Description: US Nitrogen LLC has submitted an application for the reissuance of an Aquatic Resource Alteration Permit that would authorize withdrawal of industrial water supply from the Nolichucky River. US Nitrogen will use the water withdrawn for process, non-process, and cooling water for production of nitric acid, ammonia, and ammonium nitrate solution. The water withdrawal from the Nolichucky River is to serve as US Nitrogen’s primary water supply for cooling and process water. Hearing Process: The purpose of this hearing is to allow the public to learn about and provide comments on water quality issues that could occur from this project. Prior to opening the formal public hearing, an informational session will be held with Tennessee Department of Environment and Conservation (TDEC) staff. The informational session will have a question and answer format where the public can ask one-on-one questions of TDEC staff or the permit applicant. Once the formal public hearing begins, the question and answer format will end and all public comments will be collected for the hearing record without response from TDEC. TDEC staff will provide written responses to all oral and written comments following the public hearing, prior to making a final determination on the permit action.
The meeting moderator may limit the length of oral comments in order to allow all parties an opportunity to speak, and will require that all comments be relevant to the proposed permit action and Division of Water Resources issues. Written comments will be accepted at the hearing and for ten working days following the hearing and will be considered part of the hearing record. If one cannot attend but would like to comment, written comments will be accepted through May 31, 2019. The permit application, supporting documentation including detailed plans and maps, and related comments are available for review on the internet at the Division’s data viewer (https://www.tn.gov/environment/about-tdec/tdec-dataviewers.html) by entering the permit number listed in the title of this Public Notice. Interested persons may also obtain additional information and may inspect and copy related documents at the Division’s Central Office at the address listed above, Attn: Robert Baker, at robert.d.baker@tn.gov. EEO/AA/ADAAA inquiries or complaints may be directed to the ADAAA Coordinator, HR Division, at 1-615-532-0200. Hearing impaired callers may use the Tennessee Relay Service (1-800-848-0298). If it is hard for you to read, speak, or understand English, TDEC may be able to provide translation or interpretation services free of charge. Please contact Saul Castillo at 615-532-0462 for more information.