TDEC Indicates USN Permit Approval

By Walter F. Roche Jr.

Tennessee environmental officials have indicated approval of a renewal of a controversial permit allowing a private company to take millions of free water a week from a major waterway, which is also the source of drinking water for area residents.
In a draft permit posted this week, the Tennessee Department of Environment and Conservation said it has once again determined that US Nitrogen's continued use of the Nolichucky River will have a de minimus or minimal effect on the river.
In the draft TDEC acknowledged that it has not conducted any additional testing of the effect on endangered species in the waterway since 2014 before US Nitrogen began its operations.
"There have been no follow-up investigations for mussels since the issuance of the original water withdrawal permit," the document states.
"The Division does not recognize a need for a follow-up based solely on the de minimus impact of the water withdrawal," the draft states.
The draft does state that several other rare species were detected nearby in the river. Those include the Spectacalecase mussel, the Snuffbox mussel and the Oyster mussel. But, the draft continues the determination of a minimal impact "denotes an insignificant impact to all aquatic species whether rare or not."
The draft states that US Nitrogen under the permit cannot draw water from the river at a rate in excess of 1,350 gallons per minute. The company must also record daily and monthly totals of the water withdrawn.
In addition the state permit is contingent on US Nitrogen obtaining related permits from the Tennessee Valley Authority and the U.S. Army Corps of Engineers.
"The water withdrawal from the Nolichucky River is to serve as US Nitrogen's primary water supply for cooling and process water,"the draft states.
The permit requires US Nitrogen to self report any violations of the permit conditions.
"In the case of any non-compliance which could cause a threat to public drinking supplies or any other discharges which could constitute a threat to human health" the incident must be reported to TDEC within 24 hours of its discovery
Under the permit US Nitrogen can transfer the permit to another party as long as the state is informed 30 days in advance and the party assuming the permit commits to complying with its provisions.
The ownership of a party taking over the permit must also be disclosed to TDEC
The draft states that an appeal of the approval can be submitted up to 30 days after public notice of its approval. The appeal must state the provision of the permit being appealed and the legal basis for the appeal.
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