US Nitrogen Air Permits Challenged

By Walter F. Roche Jr.

An environmental expert says the air pollution control permits being proposed for a Greene County chemical company don't comply with state regulations and would result in some emissions being tripled.
In a seven-page letter sent to the Tennessee Department of Environment and Conservation, D. Howard Gebhart of Air Resource Specialists, said the agency should withdraw the proposed permits and conduct extensive testing before proceeding. The letter also warns that under the terms of the proposed permits there will be no way to verify that the company's emissions are being kept below prescribed limits.
Gebhart, who was retained by local activist Park Overall, said that TDEC in drafting the permit failed to take into account the impact of US Nitrogen's emission "on the health and welfare of citizens living in the vicinity of the plant."
US Nitrogen, which manufactures ammonium nitrate and other chemical products, is seeking a Conditional Major Operating Permit, which will replace seven construction permit held by the firm since its opening.
The operating permit and related construction permits are in addition to the permit that TDEC issued to US Nitrogen to draw millions of gallons of water per week from the Nolichucky River. TDEC has also issued a draft to renew that water permit which was the subject of a recent public hearing,
In his letter Gebhart noted there have been numerous complaints from local residents about emissions from the Midway chemical facility.
"Through its initial operations US Nitrogen has also shown an inability to consistently comply with the terms and condition of the air quality permits issued by TDEC," he wrote, adding that numerous notices of violations and enforcement actions have been recorded.
Gebhart said TDEC should require the company to install and operate an ambient air quality system in the community to record nitrogen oxide levels and levels of particulate matter caused by ammonia production.
"Ammonia and nitric acid are the major chemicals produced by US Nitrogen and exposure to these emissions can have serious health consequences to members of the local community, especially if such emissions are otherwise unregulated by TDEC," Gebhart cntinued.
The relaxed fuel consumption limits proposed under the permit would allow the steam generating boiler to triple its allowable emissions, the letter states, adding that there was no evidence TDEC has evaluated the planned increases.
"TDEC cannot allow any emission increases at US Nitrogen without first conducting a technical review to document that proposed emission increases will not cause or contribute to an exceedance" of existing standards, Gebhart wrote, adding that an air quality modeling analysis should be completed before approval of the proposed permit. In addition, he said, that analysis should be made public and subjected to a public review and comment.
In fact, he said TDEC should withdraw the proposed permit and conduct modeling studies before issuing a revised version that would then be subject to a 30 day public review.
Calling TDEC's analysis thus far "incomplete," Gebhart said "a full and complete technical analysis" should be completed prior to issuing a new draft proposal.
The letter lists specific issues with the cooling tower, the steam generating boiler, the nitric acid plant and the anhydrous ammonia production plant including the fact that the permits "simply assume" US Nitrogen will comply with permit conditions. Calling that "unacceptable," Gebhart said TDEC should require periodic testing by an approved method to ensure compliance.
"The draft permit is deficient without ammonia monitoring for the water in the cooling tower," he said.
As for the nitric acid plant Gebhart wrote that provisions of the draft conflict with mandated monitoring standards.
As for ammonia emissions, he wrote, that compliance testing is "absolutely needed," because pollution control equipment in use at the plant is expected to degrade over time.
Stating that his recommended changes will make the permits "more protective of public health, Gebhart said that as written in the draft the permits "lack adequate and complete monitoring data for US Nitrogen to prove compliance."
The permits, including those proposed by two other companies, Praxair and Yara USA, that co-occupy the Midway site, will be the subject of public hearings tomorrow and Tuesday in the gymnasium at West Greene High School. Tomorrow (Monday's) hearing at 7:30 p.m. will be preceded by an information session at 5:30 p.m.
On Tuesday a hearing will be held at 5:30 p.m. for the permits sought by Praxair. It will be followed at 6:30 with a hearing on the Yara permit applications.