Wednesday, December 22, 2021

TDEC Nixes Citizen's Emission Complaint

By Walter F. Roche Jr.

Tennessee environmental officials have concluded that an exemption in a chemical company's permit allows it to exceed normal visible emissions limits during start-ups, shutdowns and malfunctions.
Responding to a complaint from a Mosheim resident, officials of the Tennessee Department of Environment and Conservation said a review of photos and records of US Nitrogen LLC showed the excess visible emissions occurred on Nov. 10. when the company made three separate tries to get its nitric acid plant in operation.
In a two-page letter to Glen Carter, who filed the complaint, the TDEC officals said US Nitrogen made its first try for a startup at 6:13 a.m. on Nov.10 followed by another unsuccessful attempt at 7:13 a.m. Startup was finally achieved at 9:32 a.m.
Carter's complaint included a photo of a plume emerging from a hillside in the general area of US Nitrogen's Midway plant and Sumiriko Limited
After an unannounced visit to the site on the same day Carter registered his complaint, TDEC officials concluded that the plume originated at US Nitrogen and not Sumiriko.
US Nitrogen's records showed the plume arose during the three attempted startups, the letter states.
In that letter to Carter, Preston Pierce and Ronnie Wilhoit of TDEC wrote, "Short term limits do not apply during start up, shutdown and malfunction."
They added that their review showed no exceedances of nitrous oxide emissions were recorded "once the facility achieved the production rate necessary to be considered out of startup."
Contact: wfrochejr999@gmail.com

Friday, December 3, 2021

US Nitrogen Reports Another Malfunction

By Walter F. Roche Jr.

For the second month in a row a Greene County chemical company has reported that due to an equipment malfunction it had to estimate the amount of free water it drew from the Nolichucky River for use in the production of liquid ammonium nitrate and related chemicals.
The report filed this week with the state Department of Environment and Conservation by US Nitrogen states that the three day malfunction occurred from Nov. 15 to Nov. 17. During that three day period the company reported that it drew about 800,000 gallons per day from the Nolichucky.
In the prior report covering the month of October the firm reported a similar glitch occurred from Oct. 11 to Oct. 13. In the new monthly report, which is required under US Nitrogen's state permit, the company reported withdrawing 17.18 million gallons from the river. That is down slightly from the 17.7 milliom withdrawn in October.
In the same report the chemical firm reported discharging 5.2 million gallons back into the river.
On three days in November, Nov. 14 to Nov.16, the company reported pumpimg over 800,000 gallons from the river.
It discharged over 500,000 gallons back into the river on five days during the month with the total topping more than 400,000 on five days.
On 12 days during the month, including Nov. 25 to Nov. 27, it reported it only discharged minimal amounts back in to the Nolichucky.
Contact: wfrochejr999@gmail.com

Thursday, December 2, 2021

Defense Giant Faces TN Fines

By Walter F. Roche Jr.

One of the world's largest defense contractors, England based BAE Systems, has been fined $49,980 for multiple violations of environmental rules at its facilities in Hawkins County.
The notice of violation was issued last month by the Tennessee Department of Environment and Conservation due to repeated violations of limits on wastewater runoff at its Holsron Army Ammunition plant in Kingsport.
"The respondent has appeared on the U.S. Environmental Protection Agency's quarterly non-compliance report for multiple quarters from Sept. 30, 2019 to Oct. `1, 2021," the 11-page citation states.
The excess runoff flowed into the Holston River and its Arnott Branch, according to the violation notice.
The facility produces explosives for the U.S. Department of Defense and the company states it operates with state-of-the-art equipment.
According to TDEC the company self reported some 20 instances of excess effluent runoff from 2019 to 2021,
"By exceeding the effluent limitations and violating the terms of its (NPDES) permit, the respondent has violated the state Water Quality Control Act," TDEC notice states.
Under the notice BAE must submit a corrective action plan within 90 days, but the company may also file an appeal and request a public hearing.
BAE has been described as the third largest defense contractor in the world and boasts that it is a major supplier of exlosive materials for the U.S. Department of Defense.
The company did not respond to a request for comment on the TDEC findings.
Contact: wfrochejr999@gmail.com

Friday, November 26, 2021

TDEC Probes Opacity Complaint at US Nitrogen

By Walter F. Roche Jr.

A complaint about visible emissions from the US Nitrogen LLC's plant in Greene County has triggered an investigation by the Tennessee Department of Environment and Conservation.
According to agency records the complaint, including a picture of billowing white clouds over the plant, was submitted on Nov. 10 the day the visible emissions appeared.
TDEC reported on its dataviewer that the chemical company has been asked to provide records of its operations on that date. Agency officials were unavailable for comment due to the holiday.
Park Overall, a local environmental activist and a frequent critic of US Nitrogen, said she forwarded the photo after it was sent to her by a resident who lives near the sprawling headquarters of the ammonium nitrate manufacturer.
Under its permit US Nitrogen is required to keep its visible emissions beneath a set limit.
C Contact:wfrochejr999@gmail.com

Wednesday, November 10, 2021

"System Glitch" Reported at US Nitrogen

By Walter F. Roche Jr.

A Midway chemical firm has told the state that because of a "system glitch," they were forced to estimate the amount of water they withdrew from the Nolichucky River during three days in the month of October.
In a monthly report to the Tennessee Department of Environment and Conservation, US Nitrogen plant manager Dylan Charles wrote that the glitch occurred from Oct. 11 to Oct. 13.
As a result, Dylan wrote, the company used the maximum flow rate of the company pumps, 1,350 gallons per minute, to estimate the amount of water drawn on each of those three days.
"It has been determined that the instantaneous flow rate for the water withdrawn had a system glitch for Oct. 11-13," Charles' letter states.
A similar "glitch" has been reported in some previous monthly reports, the most recent was for May.
In the latest report, the company said it withdrew 17.7 million gallons from the river in October, a more than 3 million gallon increase from September when 14.18 million gallons were pumped from the Nolichucky.
US Nitrogen uses the river water in the manufacturing of liquid ammonium nitrate and related products. Under a unique state permit the water is pumped at mile marker 20.8 of the river through a 13-mile pipeline to the company plant in Midway.
The company also pumps excess river water back into the river through a parallel pipeline. In October 5.76 million gallons were discharged back into the Nolichucky. That comparess with 5.97 million gallons discharged back into the river in September.
According to the report filed today, more than 900,000 gallons were pumped from the river on five days in October including the three days beginning Oct. 2. And on two days, Oct. 7 and Oct. 8 a minimal amount was pumped from the river.
Discharges into the river were at minimal amounts on 10 days including Oct. 31. On two days in the month, Oct. 5 and 10, more than 500,000 gallons were discharged.
Contact: wfrochejr999@gmail.com

Friday, October 29, 2021

US Nitrogen Responds to TDEC Deficiencies

By Walter F. Roche Jr.

A Greene County chemical firm has filed a nine-page response to a recent report from state environmental officials citing deficiencies in its operations.
In the response from US Nitrogen, Plant Manager Dylan Charles wrote that revisions in operating procedures and changes in equipment have or will shortly correct all the deficiencies including missing records.
Charles said the the calibration of flow meters had been simplified "to avoid confusion" and the company will no longer rotate the two existing meters.
The state surveyors had noted that company records made it unclear which flow meter was in use at any given time.
Charles added that US Nitrogen had also hired a consultant to perform a second calibration review.
Tennessee Department of Environment officials, who made a limited on-site review, also had noted that the number of outfalls where stormwater runoff is monitored had been increased to 10.
In his response, Charles said the added outfalls were established to monitor runoff in areas where the company has begun applying sludge. The sludge is produced at a water treatment plant where Nolichucky River water is treated prior to its use in the manufacturing process.
He said US Nitrogen's Best Management Practices Plan had been update to include the additional outfalls.
Other items addressed in the letter include revisions in water sump pump management and replacement of riprap on the site to prevent erosion.
Contact: wfrochejr999@gmail.com

Tuesday, October 26, 2021

USN Submits Proposed Cure to Excess Runoff

By Walter F. Roche Jr.

US Nitrogen LLC has submitted a plan to state regulators to reduce the excess runoff of nitrogen products in the stormwater at its Midway manufacturing facility, but full implementation won't come for another year.
In a letter to the Tennessee Department of Environment and Conservation US Nitrogen's plant manager, Dylan Charles, wrote that the company believes the excess of nitrogen/nitrates and nitrites originates in a rail loading area.
A recent annual report from the company showed the nitrogen products in stormwater runoff in one area exceeded the benchmark level of .62 milligrams per liter by 20 milligrams or 30 percent.
Charles said that the company reviewed its operations in the rail loading area and don't believe that a change in procedures would solve the problem. Instead, he wrote, the company is planning to divert the water now running through a ditch and redirect it "into an underfow basin."
The timetable calls for design plans by Dec. 24 of this year and implementation by Oct. 25 of next year.
He said under the plan the company would discontinue using an existing outfall and redirect the runoff to a retention pond which will be re-lined to hold the stormwater.
"The stormwater will be further managed for re-use or discharge as effluent," the letter states.
Charles said the ditch now carrying the stormwater with excess nitrogen was installed in early 2019 to collect stormwater from the rail unloading area.
The excess nitrogen runoff was noted in earlier annual reports and in early 2020 the company said it would implement a plan to eliminate the excess.
The recent stormwater runoff report also reported magnesium levels exceeding the benchmark by more than 100 times, but US Nitrogen has attributed that to sources pre-existing the company's manufacturing process.
Contact: wfrochejr999@gmail.com

Wednesday, October 20, 2021

TDEC Approves US Nitrogen Waivers

By Walter F. Roche Jr.

The Tennessee Department of Environment and Conservation has approved US Nitrogen's request to alow the use of two new pieces of equipment at its Greene County facility without the need to apply for permits.
In a letter sent today to Dylan Charles, USN's plant manager, James P. Johnson, a TDEC deputy, said the air compressor and portable water pump constitute insignificant pollution sources thus exempting them from permitting requirements.
USN had requested the exemptions in August.
TDEC responded by requesting additional data, which USN then supplied. Johnston said in his letter that each of the pieces of equipment would emit less than 1,000 pounds per year of each hazardous pollutant.
Johnston concluded by stating that since the original request was dated Aug. 20, the 30 day notice provision has also been met.
USN's previous requests for an exemption for three 20,000 gallon sump pump water tanks was also okayed. Contact:wfrochejr@gmail.com

Tuesday, October 19, 2021

US Nitrogen Owner Has Long TN History

By Walter F. Roche Jr.

When Austin Powder, the Ohio based explosives manufacturer, first proposed building a chemical plant in Green County, most area residents had never heard of it, but records show the company actually has had a presence in Tennessee for nearly 50 years.
Records also show some of the company's state permits indicate manufacturing of explosives may be one of the company's Tennessee activites.
The company did not respond to a series of questions about its activities in Tennessee including whether or not explosives are being manufactured at its facilities within the state boundaries.
The company which owns Midway based US Nitrogen LLC, first purchased property in Davidson County in 1972 when it purchased over 500 acres in Pegram from a machinery company. Additional adjoining acreage was purchased in 1976 and yet another 75 acres were purchased in 1989.
The little noticed Davidson facility recently drew the attention of state and federal environmental regulators who cited the company for mutiple violations including unauthorized logging and blocking or obstructing waterways. The state issued a cease and desist order. The company has filed a corrective action plan.
In Lafollette Campbell County Austin Powder purchased a 401 acre site in 1991 followed by two additional purchases.
State permits show the company has listed the Lafollette site on Austin Powder Road as a storage and distribution center, but the application to the state Department of Environment and Conservation has a box for manufacturing checked off as one of the facility activities.
In addition a schematic submitted by the company in 2020 shows a mixing plant on the property.
US Nitrate produces ammonium nitrate which is then mixed with other ingredients at another site to manufacture the actual explosives, which are Austin Powder's major product.
In announcing the plans for US Nitrogen, company officials indicated the ammonium nitrate would be shipped out of state for the final mixing process, but Lafollette and Pegram are much closer.
From Midway to Pegram is about 260 miles, a straight shot on Route I-40. Lafolette is only 98.4 miles from Midway.
Contact: wfrochejr999@gmail.com

Saturday, October 9, 2021

US Nitrogen Issues River Use Report

By Walter F. Roche Jr.

US Nitrogen LLC pumped a little over 14 million gallons of water from the Nolichucky River in September, a 6 million gallon drop from the month before, according to a report filed this week with the Tennessee Department of Environment and Conservation.
The Greene County chemical company, which uses the free water in its manufacturing processes, also reported discharging just shy of six million gallons of waste water back into the river.
That compares with the 20.8 million gallons pumped from the river in August and the 10.5 million gallons of wastewater pumped back to the Nolichucky in August.
The highest daily total of river water company drawn by the ammonium nitrate manufacturer came on Sept. 25 when a little under one million gallons were pumped to the Midway facility through a 13 mile pipeline.
Minimal amounts of water were discharged to the river on 11 days during the month including from Sept. 4 through Sept. 6. On four days more than five million gallons were discharged to the Nolichucky including Sept. 2 when 5.4 million gallons were discharged.
Daily totals of water pumped from the river and the amounts discharged are required under the company's permits from TDEC. The twin 13-mile pipelines along state highway rights of way were approved by the state transportation agency.
As a result of a long legal battle the company does pays a rental fee to two landowners who charged that the pipeline actually crossed into their properties.

Thursday, October 7, 2021

TDEC Questions US Nitrogen Data

By Walter F. Roche Jr.

Tennessee environmental officials are questioning the calculations used by a Greene County chemical firm to justify a request to use new equipment without a permit.
In a series of email exchanges between an official of the Tennessee Department of Environment and Conservation and Kim Ryans, the environmental supervisor for US Nitrogen LLC James Johnston of TDEC states that he has been unable to replicate the data submitted by the Midway company.
"Can you please provide the formula you used," Johnston wrote in one recent email.
According to the emails, the data in question involves emissions from an air compresor and a pump engine. Specifically Johnston has asked where the company came up with a conversion factor for BTUs (British Thermal Units) used per horsepower produced.
US Nitrogen has asked the agency to agree that the new equipment is an "insignificant emissions unit" and thus exempt from permit requirement.
In an email sent today to Ryans, Johnston asked that the company provide the formula it used in calculating emission levels.
Ryans has responded to prior requests on the matter with a series of emission calculation spread sheets.
In seeking TDEC's approval in late August Dylan Charles, US Nitrogen's plant manager said each of the two new pieces of equipment would produce less than 1,000 pounds per year of hazardous pollutants.
Earlier this year US Nitrogen was granted an exemption from permit requirements for the use of three 20,000 gallon sump pump water tanks.
US Nitrogen has not disclosed what the new equipment will be used for.
Contact: wfrochejr999@gmail.com

Saturday, October 2, 2021

US Nitrogen Inspection Shows Compliance, Deficiencies

By Walter F. Roche Jr.

A delayed and limited state compliance inspection report on a Greene County chemical firm concluded the company was in compliance with its permits but also found a series of deficiencies including missing and deficient recordkeeping.
The inspections which were delayed and limited due to Covid-19 requirements concluded that US Nitrogen's activities "appear to address site operations adequately and accurately."
In a nine-page letter to US Nitrogen, Bryan Carter of the Tennessee Department of Environment and Conservation, acknowledged that the inspection included only a limited walkthrough because of social distancing requirements."
"The facility condition generally appeared good," the letter to US Nitrogen's Dylan Charles states.
Among the deficiencies was the failure of the company to record which one of two flow meters was operating at any given time.
In addition, the letter continues, calibration records for one of those meters "appear(s) to be missing."
Carter noted that such records are supposed to be retained for three years.
He stated that those records which were retained didn't show which meter was checked. The meters are required to show the volume of water pumped to the Nolichucky River.
"Complete documentation of calibration verifications must be maintained in order to support conclusions regarding flow meter accuracy," Carter wrote.
On laboratory issues the letter states that US Nitrogen "must revise applicable laboratory SOPs (Standard Operating Procedures) to ensure the requirements of updated approved analytical methods are satisfied," Carter wrote.
According to the report only one application of sludge on the company property had occurred at the time of the inspection. The sludge comes from the processing of Nolichucky water prior to its use in the company's production of ammonium nitrate.
The report notes that US Nitrogen has begun preparing a bio-assessment of the effect of its river water use on aquatic life. During the inspection. which was spread over several months, TDEC officials observed bio-assessment samples being drawn from the river on Sept. 13.
TDEC noted that a second bio-assessment must be collected by Jan. 30, 2025. TDEC only called for the bio-assessments after local environmental activist Park Overall pointed out they were not only overdue but totally absent.
Another deficiency listed was the failure to include in its best management practices plan the additional stormwater outfalls that have been added since the plant opened.
The TDEC inspectors also noted that drain valves were operating but unattended as required. Company logs also showed drainage water was processed even though contaminants, such as oil, exceeded allowable limits.
Additionally a white residue was noted near an ammonia flare site and one best management plan had an incomplete final sentence.
TDEC also stated that some land near one of the outfalls needed to be stabilized.
Carter wrote that US Nitrogen must submit a detailed corrective action plan along with an implementation schedule by Nov. 1.
Compliance with the permit, Carter's letter concluded, "helps ensure discharges ... are protective of downstream fish and aquatic life."
Contact: wfrochejr999@gmail.com

Thursday, September 30, 2021

Excess Magnesium, Nitrogen In USN Stormwater

By Walter F. Roche Jr.

In a second stormwater report this week US Nitrogen reported that runoff from its main manufacturing area in Greene County exceeded target levels by a factor of more than 100.
In a letter to the Tennessee Department of Environment and Conservation, US Nitrogen's plant manager Dylan Charles reported that magnesium levels at one of 12 outfalls was 8.14 milligrams per liter, while the benchmark level is .0636 milligrams per liter.
Magnesium levels at another stormwater drain point on the property was 3.39 milligrams per liter, more than 50 times the benchmark.
According to the letter excess levels of nitrogen, nitrates and nitrites also exceeded benchmarks at one collection area with .82 milligrams per liter. The benchmark is .62 milligrams per liter.
Charles noted that none of the materials used in the manufacturing process at US Nitrogen have notable levels of magnesium.
"We suspect the source of the magnesium detected with the stormwater are from background concentrations or water flowing across rocks," he wrote, adding that excess levels of magnesium have been detected in water from the Nolichucky River.
He said the stormwater is conveyed through a series of rock lined channels to protect against erosion.
"Limestone and dolomite contain various amounts of magnesium," the letter continues. He said the company will investigate to find the cause of the excess nitrogen and will then implement a suitable corrective action plan. The company made the same promise in a stormwater report issued in January of 2020.
The excesses of magnesium and nitrates were collected in two areas, one collects runoff from a parking lot the other was in a ditch flowing to a detention pond.
The company also issued a second report this week for runoff from a water treatment plant. That report showed no excesses.
Contact: wfrochejr999@gmail.com

Wednesday, September 29, 2021

US Nitrogen Issues Storm Water Report

By Walter F. Roche Jr.

US Nitrogen LLC has submitted an annual storm water monitoring report, which appears to show runoffs sampled were within required limits for dozens of pollutants.
The eight-page report including a two-page cover letter, submitted by Dylan Charles, the firm's plant manager, includes details on activities in eight drainage areas contained on the 30-acre site where the company treats water pumped from the Nolichucky River.
The report also includes a description of an 8.6 acre area where the company is applying sludge from its water treatment operations. The treated water is used by US Nitrogen in the manufacture of liquid ammonium nitrate.
Among the substances detected include ammonia, oil and grease and total suspended solids. The report also includes the acidity level in each of the areas tested. Details on some drainage areas were not included, the report states, because an an analysis showed the results were likely to be the same as those tested.
According to the report 11 of the 30 acres are in industrial use and that includes seven acres containing lined ponds. The runoff from that area flows into the Nolichucky River.
The activities taking place on the site include the storage of chemicals, loading liquids into containers and trucks traveling over internal roadways on the property.
The report states that storm water is diverted around the areas where sludge is being applied.
"Storm water on the upside slope of each land application area will be diverted around each application area such that each associated outfall receives storm water from the outlined application areas," the report states.
Contact: wfrochejr999@gmail.com

Tuesday, September 28, 2021

Multiple Violations at US Nitrogen Site

By Walter F. Roche Jr.

Permit limits at the Midway complex of US Nitrogen and two other firms exceeded the permit limits 129 times during a nine month period, according to the Tennessee Department of Environment and Conservation.
In a letter to Linde Inc., one of the three firms at the Greene County complex, a TDEC official reported that the violations were noted during a July review of Linde Inc. records.
According to TDEC Manager Amanda Davis, the excess electrical conductance occurred on cooling towers used at the facility as part of a carbon dioxide liquefaction process. The company's own monitoring data showed the 129 violations occurred between Jan. 30, 2020 and Oct. 13, 2020.
Davis wrote that there were no violations after Oct. 13 when the company received approval for an increase in the allowable conductance. The daily average limit of 803.5 microsiemens was increased effective Oct. 14 to 7,100 microsiemens.
"You have violated the Tennessee Air Pollution Regulations," the letter dated today states. Davis told company officials that they have 20 days to file an appeal if they dispute the findings.
The initial permit was issued to Praxair, US Nitrogen and Yara North America but Praxair was later merged into Linde, a company that also produces liquid carbon dioxide for use in the beverage industry<. Contact: wfrochejr999@gmail.com

Saturday, September 18, 2021

Austin Powder Violations Detailed

STATE OF TENNESSEE
DEPARTMENT OF ENVIRONMENT AND CONSERVATION
DIVISION OF WATER RESOURCES
Nashville Environmental Field Office
711 R.S. Gass Boulevard
Nashville, TN 37216
Phone 615-687-7000 Statewide 1-888-891-8332 Fax 615-687-7078

June 23, 2021
Mr. Michael Young CERTIFIED MAIL RETURN RECEIPT
Austin Powder Company 7019 1640 0001 1489 0012
25800 Science Park Drive
Cleveland, Ohio 44122

Re: Notice of Violation
Austin Powder Company

Dear Mr. Young:

On June 1, 2021, the Division of Water Resources (division) conducted an investigation and Hydrologic Determination (HD) site visit at Austin Powder Company located on 1080 Garland Hollow Road in Pegram, Davidson County, Tennessee. Unauthorized logging and land clearing activities in addition to water quality violations that are in need of corrective action were identified. Additional information related to these violations and any requested corrective actions can be found on the following page.
Unauthorized alterations, including unauthorized discharges, to streams, wetlands, or other waters may impact their usefulness and designated uses, including support of fish and aquatic life, livestock and wildlife watering, recreation, and irrigation. As such, they are violations of the Tennessee Water Quality Control Act of 1977 and this letter serves as a formal Notice of Violation.
Agricultural and silvicultural activities are largely exempt from the provisions of the Water Quality Control Act as noted in TCA § 69-3-120(g). However, this exemption does not apply when there is a point source discharge or when certain silvicultural activities have polluted waters of the state as the result of an operator's failure or refusal to use forestry best management practices.

Mr. Michael Young
Austin Powder Company
June 23, 2021

Page 2 of 5

Please complete the items referenced below within the given timelines.

1. Immediately remove logging debris from streams on the property and prevent additional logging debris from discharging to the unnamed tributaries while also stabilizing the affected streams. If you need assistance with selection of Best Management Practices (BMPs), please contact the Tennessee Department of Agriculture at (615) 446- 0614. Provide photos of the work as it is completed.

2. Within 30 days of receipt of this letter, submit a Corrective Action Plan (CAP). The CAP should include timelines, methods for restoring the buffer and stream to pre-impact conditions, any restoration that could occur alongside potential ARAP activities, and outline how future construction will not cause any further impacts
.
Your prompt attention to these matters is greatly appreciated. If you have any questions regarding this correspondence, please contact Virginia Lawrence at (615) 714-0730 or by E-mail Virginia.Lawrence@tn.gov.

Sincerely,

Division of Water Resources
cc: DWR Compliance and Enforcement Unit
Timmy Jennette, Division of Water Resources- Tim.Jennette@tn.gov
Jimmy Smith, Division of Water Resources- Jimmy.R.Smith@tn.gov
Lee Barber, Division of Water Resource- Lee.2.Barber@tn.gov
Ryan Evans, USACE- Ryan.Evans@usace.army.mil
Cole Liggett, CEC Inc.- cliggett@cecinc.com
Charles Lambert, Austin Powder Midsouth LLC.- charles.lambertjr@austinpowder.com

June 23, 2021
Supporting Documentation
Facility Name:
Austin Powder Company
Site Location (Lat/Long): 36.152728, -86.988683
Tracking No.:
Date:
June 1, 2021

Photo 1. Observed stream alteration from heavy equipment and subsequent point source water pollution resulting from unauthorized logging operation without use of proper BMPs. Photo taken by Division staff on 1-JUN-21.

June 23, 2021
Supporting Documentation
Facility Name: Austin Powder Company
Site Location (Lat/Long): 36.152728, -86.988683
Tracking No.:
Date: June 1, 2021

Photo 2. Observed stream alterations from heavy equipment and subsequent point source water pollution resulting from unauthorized logging operation without use of proper BMPs. Photo taken by Division staff on 1-JUN-21.

June 23, 2021
Supporting Documentation
Facility Name: Austin Powder
Site Location (Lat/Long): 36.152728, -86.988683
Tracking No.:

Date: June 1, 2021

Photo 3. Logging debris blocking stream channel. Photo taken by Division Staff on 1-JUN-21.

Wednesday, September 15, 2021

USN's Parent Cited for Environmental Violations

By Walter F. Roche Jr.

In what one federal official called "a real mess," Austin Powder, an explosives manufacturer, has been cited for multiple violations of state and federal regulations at a facility on Garland Hollow Road in Pegram Davidson County.
Both the U.S. Army Corps of Engineers and state environmental officials have cited the Ohio based firm for unauthorized logging and land clearing along with violations of the state Water Quality Act. Austin is the owner of US Nitrogen located in Greene County.
In a formal notice of violation, the state Department of Environment and Conservation ordered the company to "immediately remove logging debris from streams of the property and prevent additional debris from discharging."
The Army Corps of Engineers issued a cease and desist order to Austin Powder several days before the TDEC notice.
An Army Corps official notified TDEC of its findings calling the site "a real mess" and "a gigantic violation." The June 11 notice of violation cited "the unauthorized placement of fill into the waters of the United States without the required... authorization."
According to the notice from Sonny Avichal, the federal agency's Nashville District Commander, logging activities resulted in three tributaries from Pond Creek being littered with logging debris.
The notice warns that such violations can bring fines of up to $55,801 per day in a criminal proceeding.
In a plan of correction filed by Civil and Environmental Consultants in behalf of Michael Young of Austin Powder, the company acknowledged that the damage resulted from heavy equipment driving alongside the stream.
As a result the stream banks collapsed along over 1,000 feet of the stream. The consultants' report states that the corrective action plan calls for the channel to be re-formed as close as possible to the original path.
Young did not immediately respond to a request for comment.
The report states that Austin originally planned to build a new storage facility on the site with completion by August. The revised plan calls for the construction of two stream crossings to construct an access road.
Contact: wfrochejr999@gmail.com

Friday, September 3, 2021

USN Files Monthly River Water Report

By Walter F. Roche Jr.

US Nitrogen LLC pumped more than 20.8 million gallons of water from the Nolichucky River in August for use in the production of ammonium nitrate, a nearly 2 million gallon increase over the month before.
The monthly data submitted by the Greene County chemical firm to the Tennessee Department of Environment and Conservation also shows the amount of wastewater discharged to the river jumped from 6.9 million gallons in July to 10.15 million gallons in August. The total pumped from the river during July was 18.1 million gallons.
The monthly reports are required under permits issued and renewed by TDEC.
The report shows the highest daily total pumped from the river was just shy of 1.3 million gallons on Aug. 23.
Minimal amounts were pumped from the river between Aug. 18 and Aug. 21.
The wastewater pumped back into the river was minimal on five days including Aug. 1. The highest daily discharge total was over 600,000 gallons on Aug. 24.
Contact: wfrochejr999@gmail.com

Thursday, September 2, 2021

Sludge Being Applied To USN Property

By Walter F. Roche Jr.

Up to 200 tons of sludge per year is apparently being applied to some 8 acres of Greene County property owned by US Nitrogen LLC based in Midway.
Officials of the Tennessee Department of Environment and Conservation say the ground application of the sludge generated by US Nitrogen's water treatment plant is currently the only legal method for the company to dispose of the sludge.
Previously the chemical company had obtained a permit to dispose of the sludge at the Iris Glen landfill in Johnson City.
TDEC spokeswoman Kim Schofinski said that permit issued in 2019 expired and the company never applied for a renewal.
Schofinski said TDEC did approve USN's request to apply the sludge to 8.6 acres of its' Greene County property.
The so-called "Beneficial Use" determination "provides the necessary approval for US Nitrogen to apply water treatment sludge," she wrote in an email response to questions.
Other TDEC records show the Midway company anticipated the water treatment plant would generate up to 200 tons of sludge per year.
The sludge is generated from a water treatment plant which US Nitrogen uses to process water from the Nolichucky River prior to its use in the manufacturing of ammonium nitrate.
The TDEC approval, called "an agricultural soil amendment" gives the company the right to apply the sludge on site. It was issued on May 20, 2019 with some conditions including an annual "fertility analysis" of the sludge being applied. An analysis for metals is required every five years.
US Nitrogen, however, also applied for a permit to dump up to 200 tons of sludge per year at the Iris Glen Environmental Center, a facility owned by Waste Management Inc.\.
That permit required that the sludge not be "a hazardous waste nor contain a hazardous waste."
"The sludge was analyzed initially and is required to be analyzed on a set frequency by the facility," Schofinski said. Schofinski said it was that permit that expired and was not renewed. Under state regulations US Nitrogen would need prior state approval to bring the sludge to any other site. No such approval has been sought.
"This means that they currently do not have approval to dispose of the waste in a landfill," she wrote. US Nitrogen did not respond to requests for comment on the volume of sludge deposited on site or at the Jefferson City landfill.
Contact: wfrochejr999@gmail.com

Monday, August 23, 2021

USN Says New Equipment "Insignificant" Source

By Walter F. Roche Jr.

US Nitrogen LLC is asking Tennessee environmental officials to conclude that two new pieces of equipment, a water pump and compressor, are insignificant sources of emissions and thus exempt from requiring a permit.
In a letter to officials of the Tennessee Department of Environment and Conservation, Dylan Charles, the company's plant manager, said each of the sources would produce less than 1,000 pounds per year of hazardous pollutants.
The request marks the second time this year the company has sought such an exemption. In May TDEC agreed that the use of three 20,000 gallon sump pump water tanks did not require a permit.
In both the latest request and the prior one, the company has provided no details on how the equipment will be used. Though it is not explicitly stated in the request the equipment will apparently be used somewhere on the company's Greene County manufacturing site.
According to the request submitted today, the Sullair portable air compressor is powered by a 275 horsepower Caterpillar engine. The trailer mounted water pump is powered by a 74 horsepower engine.
Charles wrote that the air compressor will be used on a standby basis while the water pump will be used periodically. Emissions of non-hazardous substances will be less than five tons per year, according to the letter.
Contact: wfrochejr999@gmail.com

Linde Partner Fined for Excess Emissions

By Walter F. Roche Jr.

A partner of Linde LLC, a major participant in the Midway chemical complex in Greene County, has been cited and fined by state environmental officials due to emissions more than double the permit limit at a plant in Bradley County.
The January citation is only the latest in a series of issues at the Wacker Polysilicon plant which produces tiles used in generating solar energy. Linde supplies the ultra high purity hydrogen and steam needed to produce the polysilicon and bills itself as "an essential partner" in the operations.
The January citation by the Tennessee Department of Environment and Conservation cites limits set in a permit issued in 2019. While the permit limits carbon monoxide emissions to .69 pounds per hour, tests conducted on May 12-14, 2020 showed carbon monoxide emissions averaging 1.49 pounds per hour.
The TDEC notice of the violation lists Linde and Wacker.
In a 2020 citation, regulators imposed a $1,500 fine, attributing an explosion at the plant to "an unavoidable failure of process equipment," when a piston fractured releasing hydrogen gas.
The accident killed one worker and seriously injured three others.
Three years earlier another Wacker accident injured 13 workers. Fines totaling $21,600 were imposed for the accident and related violations.
Linde officials did not respond to a series of questions about their role at the Wacker facility.
Linde became part of the US Nitrogen complex when it merged with Praxair, which produces liquified carbon dioxide at the Midway facility. The company also supplies several other industrial gases from other facilities across the country.
Contact: wfrochejr999@gmail.com

Tuesday, August 17, 2021

US Nitrogen River Testing Plan Resubmitted

By Walter F. Roche Jr.

An environmental consultant has resubmitted plans to Tennessee regulators for a bioassessment of the Nolichucky River near the point where millions of gallons of industrial wastewater per month are discharged into the waterway.
The 12-page plan, including charts and other data, was submitted Monday to the Tennessee Department of Environment and Conservation. The plan, which appears identical to a plan submitted July 9, was submitted by Dinkins Biological Consulting LLC in behalf of US Nitrogen LLC.
The filing details where samples will be collected upstream and downstream from milemarker 20.8, where US Nitrogen discharges wastewater from its Midway chemical manufacturing facility.
For comparison purposes samples will also be collected from the Powell River, downstream of the island below McDowell Shoal at milemarker 106.5.
Samples collected from all sites will be analyzed by Pennington Associates in Cookeville. Dinkins officials did not respond to a request for comment on why the testing plans were submitted for a second time.
TDEC officials called on US Nitrogen to perform the bioassessment only after local environmental activist Park Overall pointed out that the test was overdue and required under the company permit.
Contact: wfrochejr999@gmail.com

Friday, August 13, 2021

TDEC OKs USN Emission Test Data

By Walter F. Roche Jr.
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Tennessee environmental officials say recent emission reports submitted by a Greene County chemical firm show the company has remained in compliance with state regulations and the conditions of the company permits.
In a letter issued today, Bryan Parker, an environmental manager with the Tennessee Department of Environment and Conservation, said the data from US Nitrogen for the first two quarters of this year was "technically correct" and acceptable under agency standards.
The reports detailed six months of nitrous oxide emissions for US Nitrogen's steam generating boiler and nitric acid plant in Greene County.
Parker wrote that the reports showed that at no time during the period were nitrous oxide limits exceeded for either the boiler or the acid plant.
In the letter to Dylan Charles, US Nitrogen's plant manager, Parker also stated that the data showed the company's nitrous oxide monitoring systems achieved the 95 per cent operational availability level required.
These represent the second set of emissions data from US Nitrogen that TDEC has acknowledged and found to meet permit standards in the past two weeks.
The prior emission test results were submitted following on-site testing at the Midway plant on June 8 and June 9.
Contact: wfrochejr999@gmail.com

Monday, August 9, 2021

US Nitrogen Reports on River Use

By Walter F. Roche Jr.

US Nitrogen LLC drew 18 million gallons of water from the Nolichucky River in July, according to a report filed with the Tennessee Department of Environment and Conservation.
The monthly report shows the largest amount drawn in a single day, 1.2 million gallons, came on July 7.
The monthly total marks a sharp drop from the June data which showed some 28.8 million gallons drawn from the Nolichucky. The company draws the water through a 13 mile pipeline to its Midway manufacturing facility in eastern Tennessee. The water is treated and used in the manufacture of ammonium nitrate and related products.
The unused river water is discharged back into the river at milepoint 20.8.
In July the company reported discharging just under 7 million gallons to the river. On eight days a minimal amount was discharged. The highest amount, some 600,000 gallons was on July 12.
In June the company reported discharging 13.6 million gallons back into the Nolichucky.

Saturday, July 31, 2021

TDEC Accepts US Nitrogen Test Results

By Walter F. Roche Jr.

Tennessee environmental officials have accepted nitrogen emission monitoring test results for US Nitrogen LLC, the Greene County chemical manufacturing company.
In a letter sent Friday to US Nitrogen's Plant Manager Dylan Charles, an official of the Tennessee Department of Environment and Conservation acknowledged the receipt of the test results and indicated they meet the requirements of the company's permits.
The so-called "Relative Accuracy Test Audits" were performed by Southern Air Solutions and designed to assess whether environmental monitoring systems in use by US Nitrogen were performing accurately.
The tests were performed on June 8 and 9 on the company's nitric acid plant and its two steam generating boilers.
The relative accuracy for one boiler was 7.12 per cent. The relative accuracy for the second boiler was 16.99 percent.
"Therefore the division accepts the report as certifying the continued operation" of the boilers and nitric acid plant, the letter from TDEC manager Bryan Parker states.
US Nitrogen submitted over 100 pages of data on the tests on July 8.
In submitting the information, US Nitrogen disclosed that the original test data had been "modified" by the company and an outside firm, Ensafe, a longtime environmental consultant.
In the same report US Nitrogen was identified as a "nitrogenous fertilizer manufacturer." Previously the company had stated that it manufactured ammonium nitrate for use in the production of exlosives by its parent company, Austin Powder.
Contact: wfrochejr999@gmail.com

Tuesday, July 13, 2021

USN Aquatic Testing Plan Submitted

By Walter F. Roche Jr.

A consulting firm has submitted details of the testing it plans to perform to determine whether the operations of a chemical firm have had an adverse effect on the aquatic life in the Nolichucky River.
Dinkins Biological Consulting LLC submitted its 12-page plan to the Tennessee Department of Environment and Conservation. The tests will be focused around milemarker 20.8 in the Nolichucky River, the site where U.S. Nitrogen LLC pumps some 500,000 gallons of wastewater per day.
Dinkins said the efforts would "test the biological integrity and diversity of the receiving stream (Nolichucky)."
Just when the tests will be performed was not disclosed but the filing indicates it will likely be over a three month period ending in September. The filing states that TDEC will get notice about two weeks in advance of the testing.
State officials questioned US Nitrogen about the tests which were due to be performed months earlier only after local environmental activist Park Overall questioned why no test results had been disclosed.
US Nitrogen draws million of gallons per month from the river for use in the production of ammonium nitrate and related products. Some 500,000 gallons of river water not needed in production and cooling are pumped back in to the river.
In addition to gathering samples downriver from US Nitrogen's pumping stations, the consulting company also will collect samples upstream from that location.
As a further point of reference the company plans to collect sample from a separate river, the Powell River at McDowell Shoal.
The samplings will be taken within seven days of each other, according to the plan. The state will be informed if conditions force a change in that timetable.
The Dinkins filing states that the details of the testing plan were drawn up after consultation with TDEC officials.
The plan notes that data also will be gathered for comparison purposes from U.S. Geological Service gages along the river.
The plan states that the samples will be gathered in triangular dipnets and they will be brought to another firm, Pennington Associates of Cookeville, for testing. The results will be submitted to TDEC within 30 days of their receipt by Dinkins.
The samples will be "strictly controlled" by Dinkins until they are turned over to Pennington, the report states.
Contact: wfrochejr999@gmail.com

Thursday, July 8, 2021

US Nitrogen Submits Emissions Test Data

By Walter F. Roche Jr.

US Nitrogen LLC today submitted over 100 pages of test data which it says shows the company's emissions monitoring devices are functioning properly.
The Greene County chemical firm had the tests performed on it nitric acid plant by AMP Cherokee Environmental Solutions, according to the filing. A second firm, Southern Air Solutions was also involved in the tests performed at the Midway TN facility on June 8.
The company also submitted its monthly report on the amount of water pumped from the Nolichucky River. The amount used, 28.8 million gallons was the highest so far this year. In the 118-page emmisions montoring report, dozens of test categories were listed and all marked as valid.
The report states that US Nitrogen is a "nitrogenous fertilizer manufacturer".The company had not previously described itself as a fertilizer manufacturer but stated the ammonium nitrate was shipped to other locations for use in the production of explosives.
According to the report the company uses a Selective Catalytic Reduction device to control nitrous oxide emissions and catalytic decomposition for N20 emisions control.
The report states that the tests were performed in accordance with standards set by the U.S. Environmental Protection Agency. Attached to the report are a half dozen appendices.
It also states that the original AMP report was "modified" by US Nitrogen and another outside firm, Ensafe.
In the monthly river report the company, a subsidiary of Ohio based Austin Powder, said it drew 28.8 million gallons from the river in June. On 16 separate days during the month it drew more than 1 million gallons.
The highest daily total was 1.2 million gallons pumped from the river on June 19. The June figures compare with May when about 21 million gallons were pumped from the Nolichucky for use in the production of ammonium nitrate.
The report states that 13.6 million gallons of waste water were discharged back into the river during June. On 15 days during the month more than 500,000 gallons were discharged into the Nolichucky. The highest single day discharge of more than 700,000 gallons came on June 17.

Monday, June 7, 2021

US Nitrogen Files River Report

By Walter F. Roche Jr.

US Nitrogen LLC pumped a little over 21 million gallons of free water from the Nolichucky River last month, according to a report filed with the Tennessee Department of Environment and Conservation.
The monthly report shows the ammonium nitrate manufacturer drew more than a million gallons on nine separate days with the largest day's withdrawal of 1.25 million gallons coming on May 24. On four days during the month a minimal amount of water was withdrawn.
According to the report a total of nearly 10.5 million gallons of waste water was discharged back into the waterway during May. The largest single day discharge of nearly 700,000 gallons came on May 27.
On seven days during the month the discharge was minimal.
The discharge and withdrawal come at the 20.8 milemarker on the river, about 12 miles from the company's Midway manufacturing facility.
The monthly reports are required under the terms of the company's TDEC permits.
Contact: wfrochejr999@gmail.com

Friday, June 4, 2021

US Nitrogen Inspections Delayed

By Walter F. Roche Jr.

Three scheduled compliance inspections at the US Nitrogen LLC facilities in Greene County were delayed by several months due to pandemic restrictions, according to the Tennessee Department of Environment and Conservation.
Kim Schofinski, spokewoman for the agency, said the three reports are now being finalized. All three are to determine if the sites are in compliance with storm water runoff and related permit requirements.
"The time period of the inspection field activity was delayed due to observing COVID safety guidelines," Schofinski added.
Two of the inspections were due on Oct. 8 of last year and the third was due on Sept. 30, 2020.
The sites being inspected include the water treatment facility used to treat Nolichukee River water before it is used in the production of ammonium nitrate. That site is permitted to the Industrial Development Board of Greeneville and Greene County and US Nitrogen.
The other two permits were granted directly to US Nitrogen.
Contact: wfrochejr999@gmail.com

Tuesday, May 11, 2021

TDEC Waives 2nd USN Permit Requirement

By Walter F. Roche Jr.

Tennessee environmental officials have concluded that US Nitrogen LLC does not need a permit to utilize three 20,000 gallon sump pump water tanks.
In a letter sent today Tennessee Department of Environment and Conservation manager James P. Johnston wrote that, based on data submitted by US Nitrogen, the use of the tanks will have an "insignificant" effect on the environment.
The approval marks the second time in recent weeks that TDEC has waived permit requirements for the Midway chemical company. The state gave its okay on April 30 to USN's use of a 52,250 tank to be utilized in producing an ammonium nitrate and water solution. The solution will be 57 percent ammonium nitrate and 43 percent water.
In the letter sent today to Dylan Charles, the USN plant manager, Johnston wrote said that based on USN's data, the tanks would emit less than five tons per year of air contaminants and less than 1,000 pounds of hazardous air contaminants annually.
In its application USN said that the water the tanks will hold will be no more than five per cent ammonium nitrate. They will each be 13.67 feet in diameter.
As he did in approving the other waiver, Johnston closed by stating that the company must comply with all applicable air pollution regulations.
Contact: wfrochejr999@gmail.com

Thursday, May 6, 2021

US Nitrogen Files Monthly River Report

By Walter F. Roche Jr.

A Greene County chemical firm withdrew nearly 25 million gallons of water from the Nolichucky River in the month of April, according to a report filed with the state.
U.S. Nitrogen LLC reported it pumped 24.6 million gallons from the river a substantial increase from the 18.9 million gallons the company reported for March.
The report submitted today to the Tennessee Department of Environment and Conservation shows that on seven days during the month the company withdrew more than 1.4 million gallons from the riverway. On April 1, no water was withdrawn.
The same report shows a total of more than 10 million gallons was discharged back into the river during April. The highest discharge, over 600,000 gallons, came on April 6.
In March the company reported discharging 11.7 million gallons back into the Nolichucky. There was minimal discharge on six days of the month.
On 12 days the discharge exceeded 400,000 gallons.
Under its permits with TDEC the company is required to file monthly reports on its river water use. The water is pumped from the river through a 12 mile pipeline to its Midway facility.
In April the company pumped nearly 25 million gallons from the river and discharged a little over 10 million gallons. Contact: wfrochejr999@gmail.com

Friday, April 30, 2021

TN OKs USN's 52,250 Gallon Tank Use

By Walter F. Roche Jr.

Tennessee environmental regulators have agreed that the use of a 52,250 gallon tank to produce an ammonium nitrate solution is an insignificant activity and US Nitrogen does not need to get a permit.
In a letter sent today to US Nitrogen Plant Manager Dylan Charles, James Johnston of the Tennessee Department of Environment and Conservation wrote thatnthe agemcy agreed with US Nitrogen's conclusion that a permit would not be needed.
The company advised TDEC in March that it intended to use the existing tank to produce a 57 percent ammonium nitrate-water solutuion.
TDEC approval comes after US Nitrogen informed the state that it had submitted erroneous data when it submitted the initial request. Corrected data on estimated ammonium nitrate emissions were included.
It has been dtermined the 57 percent solution tank constitutes an insignificant activity or insignificant emissions unit," Johnston wrote in the two-page letter.
Johnston wrote that "Specifically this operation would result in potential emission from this source of less than five tons per year of each air contaminant...and less than 1,000 pounds per year of each hazardous air pollutant."
He added that the March 8 letter would meet the 30 day notification requirement in state law and regulations.
"All applicable air pollution regulations must be met by your facility," Johnston concluded.

Monday, April 26, 2021

US Nitrogen Sent State Wrong Data

By Walter F. Roche Jr.

A consultant for a Greene County chemical firm has advised Tennessee environmental officials that data submitted with a recent exemption request was wrong by a factor of two.
John W. Shipp Jr. wrote in an email to the Tennessee Department of Environment and Conservation that he mistakenly entered the wrong data on vapor pressure. The data was included in a US Nitrogen request to TDEC for a new operation to produce a 57 percent ammonium nitrate and water solution.
"So the calculations I made were low by two orders of magnitude," Shipp wrote in an email to James Johnston of TDEC.
Shipp's email followed an email by Johnston to US Nitrogen raising questions about the data which he said appeared to be inconsistent.
"Can you please help me understand the differences between these data," Johnson wrote in his message to US Nitrogen.
Shipp said he mistakenly entered data showing vapor emissions two times higher than they should have been.
"All in all the vapor pressure of ammonium nitrate is very low," Shipp wrote in his email to TDEC.
US Nitrogen had submitted the data with a request that the state allow the company to use a 52,250 gallon holding tank to produce the new ammonium nitrate solution. The company contends that no new permit is needed because the new operation will have minimal environmental impact.
Contact: wfrochejr999@gmail.com

Wednesday, April 7, 2021

US Nitrogen Seeks More Permit Exemptions

By Walter F. Roche Jr.

With one exemption request still pending, a Greene County chemical is asking Tennessee environmental officials to waive permitting requirements for the use of three 20,000 gallon tanks.
In a request sent this week to the Tennessee Department of Environment and Conservation, US Nitrogen said the tanks will be used to hold sump pump water. According to the applications the tanks will hold water with no more than 5 percent ammonium nitrate.
The application seeks to have the tanks exempted from permit requirements "due to insignificant emissions."
The requests come as TDEC already is considering another permit exemption for a 52,250 gallon tank US Nitrogen plans to use for the production of an ammonium and water solution. According to the recently submitted application the solution would be 57 percent ammonium nitrate and 43 percent water.
In the latest request US Nitrogen said the 20,000 gallon tanks will be 13.67 feet in diameter.
The applications do not indicate the relationship, if any, between the two requests.
Contact: wfrochejr999@gmail.com

Monday, April 5, 2021

US Nitrogen Submits Two Applicatons

By Walter F. Roche Jr.

US Nitrogen LLC has submitted two application forms to Tennessee environmental officials to back up a request to begin producing a new product but without the need for a new permit.
The two forms were requested by officials of the Tennessee Department of Environment and Conservation after the Greene County chemical firm asked the agency to declare that the new operation was an insignificant source of pollutants.
The company also submitted to TDEC a monthly report on the water it pumps from the Nolichucky River.
The two application forms state that the company plans to us an existing tank to produce a mixture of ammonium nitrate (57 percent) and water (43 percent). The process, according to the application, will result in emissions of ammonium nitrate and water vapor.
The company reported that the 52,250 gallon tank is now being used to store storm water.
Also submitted was data on how the company computed the vapor pressure of ammonium nitrate.
In its monthly report on river water use, the company said it pumped just under 19 million gallons of water from the Nolichucky River in March.
The monthly report also showed the Greene County chemical firm discharged 11.77 million gallons of wastewater back into the river.
The total withdrawn was slightly below the February figure when 20.8 million gallons were withdrawn for use in the chemical company's manufacturing processes.
The discharge total in February was slightly lower with 10.86 million gallons discharged to the river.
The water travels through a 13-mile pipeline from mile marker 20.8 on the river to the company facility in Midway.
According to the latest report a minimal amount was withdrawn from the river on six days during March. The largest amount in a single day was 1.3 million on March 12.
Minimal discharges into the river were reported on 4 days including March 13-14. The largest single day discharge was 543,000 gallons on March 31.
For the second month in a row the company reported that because of an equipment malfunction it only estimated the amount withdrawn on March 11-12. Contact: wfrochejr999@gmail.com

Wednesday, March 31, 2021

State Wants More Data From USN

By Walter F. Roche Jr.

Tennessee environmental officials are seeking additional information from a Greene County chemical company on its plans to use a 52,250 gallon tank to produce an ammonium nitrate solution.
In an email sent today to offiicials of US Nitrogen LLC, James Johnson of the Tennessee Department of Environment and Conservation, wrote that the additonal data is needed before the agency can act on the company's request to have the new activity classified as insignificant.
If the request is granted the Midway company could begin the blending operation without a permit. US Nitrogen submitted the request on March 2.
In the email Johnson asked US Nitrogen officials to complete two agency application forms and provide the agency with the ammonium nitrate vapor pressure data used in the emission calculations for the tank.
Johnson wrote that TDEC would resume its review of the reqest after the data and forms are submitted.
In his request for the insignificant activity determination Dylan Charles, the USN plant manager said the tank was already on the company property and was being used to store storm water.
He wrote that the company planned to mix ammonium nitrate with water to produce a 57 per cent ammonium nitrate solution.
Charles said in his letter that use of the tank would produce less than 1,000 pounds of hazardous air pollutants per year.
He added that it will not emit either nitrous oxide or carbon monoxide emissions, but will emit a small quantity of ammonium nitrate."
Contact: wfrochejr999@gmail.com

Thursday, March 11, 2021

US Nitrogen Reports River Use

By Walter F. Roche Jr.

US Nitrogen LLC drew a total of 20.8 million gallons of water from the Nolichucky River in February and on seven days of the month it drew more than one million gallons.
The report filed today with the Tennessee Department of Environment and Conservation shows that the highest single day total came on Feb. 24 when more than !.314 million gallons were drawn from the river.
The company also reported that the totals for the water withdrawn were estimated for Feb. 1 due to an equipment malfunction.
The monthly report states that the chemical company also discharged 10.8615 million gallons back into the river in February.
The largest daily amount was 545,900 gallons of wastewater discharged on Feb. 16. Minimal amounts of water were discharged on Feb. 6 and Feb. 7.
The February totals are up slightly from the January report by the company when nearly 19 million gallons were drawn from the river. The discharges to the river in January totaled 10.8 million gallons.
Contact: wfrochejr999@gmail.com

Wednesday, March 10, 2021

USN Says 52,250 GallonTank Use is "Insignificant"

By Walter F. Roche Jr.

US Nitrogen LLC has informed Tennessee environmental officials that it is planning to use an existing 52,250 gallon tank at its Greene County facility to produce a mixture of ammonium nitrate and water.
In a letter sent yesterday to Michelle Owenby of the Tennessee Department of Environment and Conservation, US Nitrogen plant manager Dylan Charles said the tank is currently being used to store storm water.
In the letter Charles said he was seeking Owenby's concurrence "that the tank constitutes an insignificant activity" with insignificant emissions, thus not requiring a permit.
The tank is located on the company's ammonium nitrate manufacturing plant in Midway.
Charles said in his letter that use of the tank would produce less than 1,000 pounds of hazardous air pollutants per year.
He wrote that the company would be blending a 57 percent ammonium nitrate solution.
The tank, Charles continued, "will not emit either nitrous oxide or carbon monoxide emissions. It will, however emit a small quantity of ammonium nitrate."
US Nitrogen informed TDEC in 2019 that it would be installing three storage tanks with a combined capacity of 128,400 gallons on the site, but those tanks were to be used in the production of a new product called RDT-8.
At that time the company said all three tanks should be considered an insignificant activity.
Contact: wfrochejr999@gmail.com

Wednesday, March 3, 2021

TDEC Memo Details History of Emissions Error

By Walter F. Roche Jr.

Tennessee environmental officials have posted a lengthy memo explaining the history of erroneous emissions data from a Greene County firm that went undetected for over a year.
The unsigned memo was posted today in the public file for US Nitrogen LLC, a Midway chemical firm.
The memo concludes that despite the error, which was finally detected in August of last year, a recalcuation of the emissions data shows that US Nitrogen remained in compliance with the provisions of its state permit.
According to the memo the error was detected in August when a TDEC official from the Johnson City office visited the US Nitrogen plant.
"It was noted by the inspector that the company had made a calculation error in reporting emissions data from the nitric acid plant," the memo states, adding that the data was being calculated as a three hour average rather than the stated one hour average.
In addition the data wrongly included periods when the plant was in start up and shutdown conditions.
Noting that the company acknowledged the error, the memo states that TDEC then instructed US Nitrogen to recalculate the data, which first went askew in the first quarter of 2019.
The company also was asked to recalculate the data back to the plant's start up in 2017.
According to the memo the recalculated data had a minimal effect on the reported data and it showed that the company remained in compliance with its permit limits.
"The foregoing represents the basis for the Feb. 12, 2021 acceptance of the recalculated US Nitrogen emissions data as the basis for demonstrating continual compliance with the applicable nitrogen oxide emission limits," the memo concludes. Contact: wfrochejr999@gmail.com

Saturday, February 27, 2021

US Nitrogen Permit Amended

By Walter F. Roche Jr.

Tennessee environmental regulators have amended the operating permit of a Greene County chemical firm changing the method of determining compliance with state emission limits.
The recent amendments to the permit for US Nitrogen LLC comply with a request from company officials submitted to the Tennessee Department of Environment and Conservation in January.
The Midway company had requested the changes based on performance tests conducted in late July.
Under the amended permit maximum levels are set for the amount of ammonia fed into the company's two ammonia trains.
Under the original permit, issued in 2016, the state set limits on the number of burners allowed to operate on the two ammonia trains.
The amended permit includes a range of ammonia injection rates for each Selective Catalytic Reduction unit on the two trains that can be used to assure compliance with nitrous oxide limits.
Under the new permit the emissions of nitrous oxides are capped at 15 tons during any consecutive 12 month period.
The permit also caps the output of ammonium produced at 73,000 tons in any 12 consecutive month period.
Contact: wfrochejr999@gmail.com

Monday, February 22, 2021

US Nitogen Found in Compliance on Emissions

By Walter F. Roche Jr.

Tennessee environmental officials now say they are satisfied a Greene County chemical firm has remained in compliance with nitrous oxide emission limitations set in its state permits.
In a letter to US Nitrogen LLC, Bryan Parker, an environmental manager at the state Department of Environment and Conservation, said newly submitted test results for the last six months of 2020 show the emission limits were not exceeded at USN's nitric acid plant and its steam generating facility.
The Division considers the report technically corect and acceptable for a determination of compliance," Parker wrote in a letter sent today to US Nitrogen Plant Manager Dylan Charles.
Earlier TDEC officials had expressed concern that conflicting data from the company might have masked excessive emissions. Parker expressed those concerns in a two-page letter to Charles sent late last year.
There was no time during the reporting period when the company exceeded the nitrous oxide limits, Parker wrote in today's letter.
Parker also credits the ammonium nitrate manufacturer with compliance with the reporting requirements in the state permits.
US Nitrogen also achieved 95 percent operational availability for its emissions monitoring equipment, Parker concluded.
Contact:wfrochejr999@gmail.com

Friday, February 12, 2021

US Nitrogen Submits Revised Emissions Data

By Walter F. Roche Jr.

Tennessee environmental regulators say they are satisfied with revised emissions data submitted by US Nitrogen, following the detection of a calculation error in a prior submission.
In a letter sent today to Dylan Charles, US Nitrogen's plant manager, Bryan Parker of the Tennessee Department of Environment and Conservation said the corrected data on emissions from the nitric acid plant showed there had been no excess nitrous oxide emissions.
Parker said the new data showed the erroneous calculation was made in the first quarter of 2019 and it caused only a slight deviation in the emissions calculation.
The data covered emissions data from the third quarter of 2017 to the last quarter of 2020. "The division considers the calculation error was inadvertent," Parker wrote.
When the error was first discovered TDEC officials had expressed concerns that there may have been excess emissions.
The Greene County chemical firm produces liquid ammonium nitrate for use in the production of explosives by its parent company, Ohio based Austin Powder.
Contact: wfrochejr999@gmail.com

Monday, February 8, 2021

US Nitrogen Water Use Grows

By Walter F. Roche Jr.

US Nitrogen drew over a million gallons of water from the Nolichucky River on seven separate days in January with the monthly total reaching more than 19 million.
The monthly report shows the highest single day total was 1.3215 million gallons on Jan. 2.
The company uses the free water in the production of liquid ammonium nitrate and related products which are used by its parent company, Austin Powder, in the production of explosives.
The January total is nearly double the 9.9 million gallons used by the company in December.
The report shows there were five days during the month when a minimal amount of water was pumped by the company through a 12-mile pipeline which runs from the Midway plant to the Nolichucky River.
The monthly report shows US Nitrogen discharged 10.8 million gallons of waste water back into the river. That compares to 5.9 million gallons dumped back into the river in December.
The company obtained special state permits to draw and dump water back into the Nolichucky. Both were recently renewed.
Contact: wfrochejr999@gmail.com

Wednesday, February 3, 2021

US Nitrogen Completes Pipeline Test

By Walter F. Roche Jr.

US Nitrogen LLC has reported to Tennessee environmental officials that it has completed a test to determine if there are any leaks in the 12-mile pipeline that runs from its plant in Midway to the Nolichucky River.
According to the report filed with the state the hydrostatic test was conducted on Dec. 9. The company, which produces liquid ammonium nitrate, had sought and obtained a special permit to conduct the test. That permit has now been terminated, at the company's request, since the test was completed.
The permit application stated that as much as 22,000 gallons of hydrostatic water would be released in a one time event.
US Nitrogen told state officials the discharge would be made from a point in the pipeline along the right-of-way of McDonald Road 1,000 feet southeast of Lick Creek and about 1,800 feet from the Beulah Baptist Church.
Under the permit the company was required to notify the state within 30 days of the actual test date. The filing does not indicate whether any leaks were detected.
Data submitted by US Nitrogen indicates the effluent released had a 7.9 pH score, which means it was slightly basic. A pH below 7 indicates acidity with 1 being the maximum level of acidity. Contact: wfrochejr999@gmail.com

Thursday, January 21, 2021

US Nitrogen Reports Equipment Malfunction

By Walter F. Roche Jr.

A Greene County chemical firm has reported an equipment malfunction to state environmental regulators in a monthly report on the water it has pumped from the Nolichucky River.
US Nitrogen LLC reported that the malfunction forced them to estimate the amount of water withdrawn on four days in the month of December, Dec. 15, and Dec. 25- Dec. 27. On those three days the company reported it withdrew no water.
The company reported a similar malfunction in its report covering the month of October.
Overall the company reported withdrawing 9.9 million gallons from the river in December. That's about half the amount reported for the month of November.
The company uses the river water in the production of ammonium nitrate and related products.
According to the report the largest amount withdrawn in a day was just under one million gallons on Dec. 31.
A little under six million gallons of wastewater was pumped back into the river during the month.
A minimal amount was discharged into the river on 10 days including Dec. 5 and Dec. 6.
Contact: wfrochejr999@gmail.com

Thursday, January 14, 2021

US Nitrogen Seeks Permit Amendments

By Walter F. Roche Jr.

A chemical company that just won renewal of a critical permit is now seeking a series of amendments to its operating permit from the Tennessee Department of Environment and Conservation.
In a submission to TDEC this week US Nitrogen LLC, located in Greene County, asked to have a current limit on the number of burners used in it two ammonia trains eliminated.
In a letter to Michelle Owenby, US Nitrogen's Dylan Charles said the changes were being requested due to the results of two days of tests conducted in late July.
In addition US Nitrogen is asking TDEC to change the emission factors used to determine the company's compliance with nitrous oxide emission limits. The company wants TDEC to replace the existing standard, which was set in 2016, to a new standard set as a result of the July tests.
The third requested change in its major conditional operating permit asks that it include a range of ammonia injection rates for each Selective Catalytic Reduction unit that can be used to assure compliance with nitrous oxide limits, so that there would be "no ammonia slip."
Charles, in a cover letter, indicates that the proposed changes have been the subject of ongoing discussions between the company and TDEC officials.
The requested changes come in the same week TDEC gave its official approval to another key US Nitrogen permit. Renewed was the permit that allows US Nitrogen to pump effluent from its plant in Midway to mile marker 20.8 in the Nolichucky River.
Contact: wfrochejr999@gmail.com

Wednesday, January 13, 2021

Controversial US Nitrogen Permit Renewed

By Walter F. Roche Jr.

Tennessee environmental officials have renewed a controversial permit that allows a Greene County chemical firm to dump millions of gallons of its wastewater into the Nolichucky River.
The permit, which will remain in effect till Jan. 31, 2025, was granted to US Nitrogen which also uses millions of gallons of water from the river under a separate permit.
The permit was granted despite considerable. opposition expressed at a Nov.19 virtual public hearing and in over a dozen written comments.
In issuing the permit, offficials of the Tennessee Department of Environment and Conservation concluded that the discharges into the Nolichucky "will not cause degradation above a de minnimis level."
Several of those submitting comcments had asked that TDEC at least delay the renewal till March when additional bio-assessment data is scheduled to be available.
In its notice of approval TDEC stated, "Permit re-issuance is not dependent on bioassessment data."
Local environmental activist Park Overall who testified at the November hearing and submitted extensive written comments, said she was not surprised by TDEC's decision.
"All they have done is run violations, make people sick, killed animals, added to an already legally impaired Stream and river," she wrote in an email response to the renewal.
In its decision TDEC acknowledged that US Nitrogen had failed to complete bioassessments that should have been submitted in October, but noted that the company has agreed to perform two assessments, one this year and the other in 2025.
"There is no reason to believe that any species has been impaired," the approval notice states, adding that the tests should show if the effluent is causing damage to water fleas and fathead minnows.
The permit states that the amount of effluent the company can discharge at mile marker 20.8 of the Nolichucky is based on the production of 200 tons per day of ammonia, 600 tons per day of nitric acid and 840 tons per day of ammonium nitrate solution.
A subsidiary of Ohio based Austin Powder, US Nitrogen's products are used in the manufacture of explosives.
The permit does set a series of regular reporting requirements including monthly reports on the actual volume of wastewater discharged into the Nolichucky.
The company is also required to notify TDEC of any violations of the permit limits including notice within 24 hours of any violation that poses a threat to the public water supply.
The permit also requires US Nitrogen implement a Best Management Practices plan to limit or prevent any chemical spills.
Contact: wfrochejr999@gmail.com A