US Nitrogen Permit Sent to EPA

By Walter F. Roche Jr.

In a massive filing Tennessee environmental officials have submitted for approval to the U.S. Environmental Protection Agency a new proposed permit for a Greene County chemical firm which has drawn opposition from some local residents.
The proposed conditional major operating permit, which was the subject of a public hearing in June, would authorize US Nitrogen to continue producing ammonium nitrate and other chemical compounds in Midway for its owner, the Austin Powder Co., an Ohio explosives manufacturer.
The 23-page permit will replace a series of construction permits that were issued by the Tennessee Department of Environment and Protection. The company is seeking to avoid being classified as a major source of pollutants and the stricter requirements that classification automatically triggers.
Instead the permit would set specific limits on such pollutants as carbon monoxide and nitrous oxides.
"The permittee has elected to opt out of being issued a major source operating permit," the TDEC document states, adding that normally it would be considered a major source because of its potential to emit more than 100 tons of both carbon monoxide and nitrous oxide during any 12 consecutive months.
The package, including an 18-page summary of projected emissions, was submitted to the EPA today by Michelle Owenby, head of TDEC's air pollution control division. Copies are also being submitted to other states, including Kentucky, for comment.
TDEC submitted the package without making several changes suggested by an environmental consultant retained by local activist Park Overall and and a representative of the Sierra Club.
The proposed permit does, however, require US Nitrogen to provide photographic or other visual proof that two natural gas burners be permanently disabled.
"The permittee shall submit a written notice, along with photographs or other visual evidence to the division within 30 days following the date on which the piping is removed," the proposed permit states.
In addition to authorizing the production of ammonium nitrate the permit authorizes US Nitrogen to operate a steam generating boiler, cooling towers, an anhydrous ammonia production plant, a nitric acid plant and a gasoline dispensing facility.
The permit requires the company to maintain extensive compliance records and to self report any instances in which permit limits were violated.
"Failure to abide by these limits will not only subject the permittee to enforcement action by the state of Tennessee, but it may also result in enforcement action by the EPA and the loss of being federally recognized as a conditional major source," the proposed permit states.
Other specific limits are set for visible emissions and emissions of volatile organisms compounds.
The new permit changes the frequency of deadlines the company must meet to submit compliance reports. Quarterly reports were required with the construction permits but only semi-annual reports are required under the new permit scheme.
The permit does allow for the sale of the facility to another party, but the state must be notified no later than 30 days after the change occurs. The party taking over the operation must also agree to abide by the terms of the permit.
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