Interested parties have only till Monday to submit comments on the proposed renewal of a permit that alllows a Greene County chemical firm to dump millions of gallons of effluent into the Nolichucky River.
The permit proposal already was the subject of a Nov. 19 public hearing held virtually. Several local residents including Park Overall testified in opposition to the renewal of the permit held by US Nitrogen LLC.
Overall already has submitted extensive comments.
A tape of the hearing is available on the dataviewer at the Tennessee Department of Environment and Conservation.
Comments can be submitted to Maybelle.Sparks@tn.gov.
Saturday, November 28, 2020
Thursday, November 19, 2020
Local Residents Oppose US Nitrogen Permit
By Walter F. Roche Jr.
Local residents and a representative of the Sierra Club called out state environmental officials for failing to protect the Nolichucky River and other state waterways in a 30 minute hearing tonight on a permit renewal held virtually.
The hearing convened by the Tennessee Department of Environment and Conservation was held to get comments on the proposed renewal of a permit authorizing US Nitrogen LLC to dump millions of gallons of effluent into the Nolichucky.
"What has happended to the Nolichucky is criminal," said Park Overall, a local environmental activist who also submitted extensive written comments opposing the permit renewal.
Overall said she has been repeatedly shuffled from one government agency to another in her attempts to find out who is rsponsible for ensuring endangered species aren't harmed by US Nitrogen's use of the river.
The company already has won a renewal for a separate permit that allows the chemical firm to draw up to 2 million gallons of water per day from the Nolichucky for use in the production of ammonium nitrate and related products.
Stanley Olmstead, another local resident, said the state agency should be trying to improve water quality instead of finding ways to allow companies to pollute it.
There's just not enough being done, Olmstead said, adding that it would be foolish for anyone to swim in the Nolichucky or eat fish caught from it.
Two other residents who live along the river said TDEC has fallen short of its duty to protect the river.
One said that it has been nothing but a nightmare since US Nitrogen went into operation. Scott Banbury of the Sierra Club said that TDEC should be looking at the overall environmental impact of industrial operations rather than look at just one permit at a time.
By looking at one permit at a time officials were "ignoring the big problem. It's really disingenuous."
Contact: wfrochejr999@gmail.com
Local residents and a representative of the Sierra Club called out state environmental officials for failing to protect the Nolichucky River and other state waterways in a 30 minute hearing tonight on a permit renewal held virtually.
The hearing convened by the Tennessee Department of Environment and Conservation was held to get comments on the proposed renewal of a permit authorizing US Nitrogen LLC to dump millions of gallons of effluent into the Nolichucky.
"What has happended to the Nolichucky is criminal," said Park Overall, a local environmental activist who also submitted extensive written comments opposing the permit renewal.
Overall said she has been repeatedly shuffled from one government agency to another in her attempts to find out who is rsponsible for ensuring endangered species aren't harmed by US Nitrogen's use of the river.
The company already has won a renewal for a separate permit that allows the chemical firm to draw up to 2 million gallons of water per day from the Nolichucky for use in the production of ammonium nitrate and related products.
Stanley Olmstead, another local resident, said the state agency should be trying to improve water quality instead of finding ways to allow companies to pollute it.
There's just not enough being done, Olmstead said, adding that it would be foolish for anyone to swim in the Nolichucky or eat fish caught from it.
Two other residents who live along the river said TDEC has fallen short of its duty to protect the river.
One said that it has been nothing but a nightmare since US Nitrogen went into operation. Scott Banbury of the Sierra Club said that TDEC should be looking at the overall environmental impact of industrial operations rather than look at just one permit at a time.
By looking at one permit at a time officials were "ignoring the big problem. It's really disingenuous."
Contact: wfrochejr999@gmail.com
TDEC Orders Corrective Action Plan
By Walter F. Roche Jr.
Tennessee environmental officials have ordered a Greeene County firm to develop a corrective action plan to ensure that it complies with the testing requirements under its state permits.
In a two-page letter sent this week to US Nitrogen, an official of the Tennessee Department of Environment and Conservation also told company officials they will have to hold off on a scheduled bio-assessment test until next year. The test had been scheduled for this week.
Dane Cutshaw, a TDEC environmental manager, wrote that under its state permit the bio-assesment of the Nolichucky River must be performed at a time of low flow and high temperature, conditions not likely to be achieved until 2021.
In the letter to Plant Manager Dylan Charles, Cutshaw noted that a US Nitrogen official had promised that the bio-assessment would be performed before Oct. 31, 2020.
The test is required to assess the impact on the river and endangered species from US Nitrogen's use of the river.
The company pumps milllions of gallons from the Nolichucky for use in the production of ammonium nitrate and related products. The chemical firm also discharges wastewater back into the river.
Cutshaw wrote that in addition to the test in 2021, US Nitrogen must conduct a second bio-assessment by 2025.
He told the Charles that the corrective action plan, due by Dec. 18, must detail how the company will ensure that in the future the company complies with all of its permit requirement. The plan must be submitted by Dec. 18.
Please be aware that failure to comply with your NPDES (National Pollutant Discharge Elimination System) permit nmay subject you to enforcement action" Cutshaw wrote.
Contact:wfrochejr999@gmail.com
Tennessee environmental officials have ordered a Greeene County firm to develop a corrective action plan to ensure that it complies with the testing requirements under its state permits.
In a two-page letter sent this week to US Nitrogen, an official of the Tennessee Department of Environment and Conservation also told company officials they will have to hold off on a scheduled bio-assessment test until next year. The test had been scheduled for this week.
Dane Cutshaw, a TDEC environmental manager, wrote that under its state permit the bio-assesment of the Nolichucky River must be performed at a time of low flow and high temperature, conditions not likely to be achieved until 2021.
In the letter to Plant Manager Dylan Charles, Cutshaw noted that a US Nitrogen official had promised that the bio-assessment would be performed before Oct. 31, 2020.
The test is required to assess the impact on the river and endangered species from US Nitrogen's use of the river.
The company pumps milllions of gallons from the Nolichucky for use in the production of ammonium nitrate and related products. The chemical firm also discharges wastewater back into the river.
Cutshaw wrote that in addition to the test in 2021, US Nitrogen must conduct a second bio-assessment by 2025.
He told the Charles that the corrective action plan, due by Dec. 18, must detail how the company will ensure that in the future the company complies with all of its permit requirement. The plan must be submitted by Dec. 18.
Please be aware that failure to comply with your NPDES (National Pollutant Discharge Elimination System) permit nmay subject you to enforcement action" Cutshaw wrote.
Contact:wfrochejr999@gmail.com
Tuesday, November 17, 2020
US Nitrogen Granted Stormwater Coverage
By Walter F. Roche Jr.
US Nitrogen LLC has been granted coverage from state regulators for Tennessee's Storm Water Multi-Sector Permit program.
Notice of the approval was sent today to Dylan Charles, US Nitrogen's plant manager by the Tennessee Department of Environment and Conservation.
"We are hereby notifying you that your facility is covered under this general notice," the notification reads.
According to TDEC new requirements will be added on to US Nitrogen's existing stormwater runoff permit.
The new permit is effective until June 30. 2022 and is retroactive to July 1, 2020. TDEC noted that the U.S. Environmental Protection Agency has recently filed notice of changes in its stormwater pollution prevention program under the federal Clean Water Act. TDEC described the new standards as "fundamentally different" from the old ones.
US Nitrogen is subject to those EPA rules applying to stormwater runoff from industrial activities.
Previous annual reports from US Nitrogen on stormwater runoff have shown excess nitrates.
In its most recent report the company reported that while the benchmark level of nitrates is .68 milligrams per liter, the level in the company tests of stormwater runoff was 1.18 milligrams per liter.
US Nitrogen said it was investigating the cause or source of the nitrates and suspected it was a trench installed in 2019 to collect stormwater from the rail loading area.
Contact: wfrochejr999@gmail.com
US Nitrogen LLC has been granted coverage from state regulators for Tennessee's Storm Water Multi-Sector Permit program.
Notice of the approval was sent today to Dylan Charles, US Nitrogen's plant manager by the Tennessee Department of Environment and Conservation.
"We are hereby notifying you that your facility is covered under this general notice," the notification reads.
According to TDEC new requirements will be added on to US Nitrogen's existing stormwater runoff permit.
The new permit is effective until June 30. 2022 and is retroactive to July 1, 2020. TDEC noted that the U.S. Environmental Protection Agency has recently filed notice of changes in its stormwater pollution prevention program under the federal Clean Water Act. TDEC described the new standards as "fundamentally different" from the old ones.
US Nitrogen is subject to those EPA rules applying to stormwater runoff from industrial activities.
Previous annual reports from US Nitrogen on stormwater runoff have shown excess nitrates.
In its most recent report the company reported that while the benchmark level of nitrates is .68 milligrams per liter, the level in the company tests of stormwater runoff was 1.18 milligrams per liter.
US Nitrogen said it was investigating the cause or source of the nitrates and suspected it was a trench installed in 2019 to collect stormwater from the rail loading area.
Contact: wfrochejr999@gmail.com
US Nitrogen Permit Hearing Thursday
By Walter F. Roche Jr.
Tennessee environmental officials will hear testimony Thursday on the renewal of a controversial permit which allows a major chemical company to discharge wastewater into the Nolichucky River.
Seeking the permit renewal is US Nitrogen LLC, a Greene County manufacturer of ammonium nitrate and related products that are utilized by Austin Powder, an explosives supplier, that also owns US Nitrogen.
The hearing, which will be held virtually, is expected to draw testimony from some longtime opponents of the US Nitrogen permit including local activist Park Overall.
The formal hearing begins at 7 p.m. and it will be preceded by a one hour question and answer session.
The current permit expired Oct. 31.
US Nitrogen already has won approval for a companion permit which allows the company to pump millions of gallons of water from the Nolichucky for use at its Midway production facility.
The hearing can be accessed at: https://tngov.webex.com/tngov/j.php?MTID=m5c4ac6ff30915eccfa45afe7b7f3eb33. The hearing can be accessed at: https://tngov.webex.com/tngov/j.php?MTID=m5c4ac6ff30915eccfa45afe7b7f3eb33. Contact: wfrochejr999@gmail.com
Tennessee environmental officials will hear testimony Thursday on the renewal of a controversial permit which allows a major chemical company to discharge wastewater into the Nolichucky River.
Seeking the permit renewal is US Nitrogen LLC, a Greene County manufacturer of ammonium nitrate and related products that are utilized by Austin Powder, an explosives supplier, that also owns US Nitrogen.
The hearing, which will be held virtually, is expected to draw testimony from some longtime opponents of the US Nitrogen permit including local activist Park Overall.
The formal hearing begins at 7 p.m. and it will be preceded by a one hour question and answer session.
The current permit expired Oct. 31.
US Nitrogen already has won approval for a companion permit which allows the company to pump millions of gallons of water from the Nolichucky for use at its Midway production facility.
The hearing can be accessed at: https://tngov.webex.com/tngov/j.php?MTID=m5c4ac6ff30915eccfa45afe7b7f3eb33. The hearing can be accessed at: https://tngov.webex.com/tngov/j.php?MTID=m5c4ac6ff30915eccfa45afe7b7f3eb33. Contact: wfrochejr999@gmail.com
Friday, November 13, 2020
US Nitrogen Reports Equipment Malfunction
By Walter F. Roche Jr.
US Nitrogen LLC has reported to Tennessee regulators that an equipment malfunction forced them to estimate the amount of water drawn from the Nolichucky on several days in October.
According to the monthly report filed with the Tennessee Department of Environment and Conservation the water pumped was estimated on nine days during the month. The estimate, the company reported, was based on the pump's design capacity.
In the report the ammonium nitrate manufacturer reported it pumped a total of 12 million gallons from the river for use in its manufacturing process. On four separate days, including Oct. 16, the company pumped a little over one million gallons from the waterway.
On six days, including Oct. 20, no water was pumped from the Nolichucky. According to the report 8.1 million gallons was discharged back in to the river through a pipeline.
The company has disclosed that it will be conducting leak testing on the 12 miles of pipeline from milemarker 20.8 on the Nolichucky to the company plant in Midway.
Contact: wfrochejr999@gmail.com
US Nitrogen LLC has reported to Tennessee regulators that an equipment malfunction forced them to estimate the amount of water drawn from the Nolichucky on several days in October.
According to the monthly report filed with the Tennessee Department of Environment and Conservation the water pumped was estimated on nine days during the month. The estimate, the company reported, was based on the pump's design capacity.
In the report the ammonium nitrate manufacturer reported it pumped a total of 12 million gallons from the river for use in its manufacturing process. On four separate days, including Oct. 16, the company pumped a little over one million gallons from the waterway.
On six days, including Oct. 20, no water was pumped from the Nolichucky. According to the report 8.1 million gallons was discharged back in to the river through a pipeline.
The company has disclosed that it will be conducting leak testing on the 12 miles of pipeline from milemarker 20.8 on the Nolichucky to the company plant in Midway.
Contact: wfrochejr999@gmail.com
Thursday, November 12, 2020
US Nitrogen to Perform Tardy Test
By Walter F. Roche Jr.
After some prodding by a local environmental activist, US Nitrogen LLC has belatedly scheduled an endangered species bioassessment to determine the impact of the company's use of the Nolichucky River.
In an email posted today by the Tennessee Department of Environment and Conservation, Kim Ryans of US Nitrogen told state officials the tests would be performed on Nov. 16 and Nov. 18.
The notification came only after Park Overall complained repeatedly to TDEC and other officials that the chemical firm was required to do a bioassessment by Oct. 31. Conducting the test was a requirement under one of US Nitrogen's TDEC's permits.
The delay in performing the tests, however, means that the test results are unlikely to be available by the date of a scheduled permit hearing. That session is scheduled for Nov. 19.
In her emails to TDEC officials Overall said she needed the test results so she could use them in testimony at the public hearing.
In her emails Overall stated that there were nine endangered species that had been detected in earlier testing of the river water. One such assessment was performed by Dinkins Environmental Consulting in December of 2013.
US Nitrogen's permit allows the company to pump millions of gallons of water from the river for use in the production of ammonium nitrate and related products. The company also has a permit to discharge excess water from its operations back in to the Nolichucky.
The discharge and the pump taking water from the river are at milemarker 20.8 about 12 miles from US Nitrogen's Midway manufacturing facility.
Overall has also complained to state and federal officials about dead animals being found on Pond Creek.
Contact:wfrochejr999@gmail.com
After some prodding by a local environmental activist, US Nitrogen LLC has belatedly scheduled an endangered species bioassessment to determine the impact of the company's use of the Nolichucky River.
In an email posted today by the Tennessee Department of Environment and Conservation, Kim Ryans of US Nitrogen told state officials the tests would be performed on Nov. 16 and Nov. 18.
The notification came only after Park Overall complained repeatedly to TDEC and other officials that the chemical firm was required to do a bioassessment by Oct. 31. Conducting the test was a requirement under one of US Nitrogen's TDEC's permits.
The delay in performing the tests, however, means that the test results are unlikely to be available by the date of a scheduled permit hearing. That session is scheduled for Nov. 19.
In her emails to TDEC officials Overall said she needed the test results so she could use them in testimony at the public hearing.
In her emails Overall stated that there were nine endangered species that had been detected in earlier testing of the river water. One such assessment was performed by Dinkins Environmental Consulting in December of 2013.
US Nitrogen's permit allows the company to pump millions of gallons of water from the river for use in the production of ammonium nitrate and related products. The company also has a permit to discharge excess water from its operations back in to the Nolichucky.
The discharge and the pump taking water from the river are at milemarker 20.8 about 12 miles from US Nitrogen's Midway manufacturing facility.
Overall has also complained to state and federal officials about dead animals being found on Pond Creek.
Contact:wfrochejr999@gmail.com
Monday, November 9, 2020
State OK's US Nitrogen Test Results
By Walter F. Roche Jr.
Even though they showed some excess levels of nitrous oxides, Tennessee officials say recent emission test results at an ammonium nitrate manufacturing facilty in Greene County are acceptable.
The tests were conducted on the last two days of July at the US Nitrogen plant in Midway and were designed to show at what fuel consumption rates the company's two ammonia plants could run without exceeding the emission limits in the company's state permits.
The tests, which were conducted by AMP Cherokee Environmental Solutions, were the second to take place within a less than six month period. The previous tests conducted in the Spring were deemed inconclusive.
A summary of the tests was provided in an Oct. 29 letter from Bryan Parker of the Tennessee Department of Environment and Conservation to Dylan Charles, US Nitrogen's plant manager.
"The division considers the report to be technically correct with regard to the test procedures employed," the letter states.
"Reported data supports the US Nitrogen request to not inject ammonia to both plants before reaching 17,000 standard cubic feet per hour fuel rate," Parker continued.
"Even though the data showed emission rates in excess of the .41 pounds per ton of the nitrous oxide limit in the permit, the limitation is based on a daily average and not on instantaneous results," Parker wrote.
He added that the data showed the two ammomnia trains could be kept in compliance without injecting any ammonia until the desired fuel consumption rate (17,000 Standard Cubic Feet per Hour) is achieved.
Citing a table, Parker concluded that the data showed "neither train can consistently operate under this condition while increasing to a production rate above 17,000 scfh."
Contact: wfrochejr999@gmail.com
Even though they showed some excess levels of nitrous oxides, Tennessee officials say recent emission test results at an ammonium nitrate manufacturing facilty in Greene County are acceptable.
The tests were conducted on the last two days of July at the US Nitrogen plant in Midway and were designed to show at what fuel consumption rates the company's two ammonia plants could run without exceeding the emission limits in the company's state permits.
The tests, which were conducted by AMP Cherokee Environmental Solutions, were the second to take place within a less than six month period. The previous tests conducted in the Spring were deemed inconclusive.
A summary of the tests was provided in an Oct. 29 letter from Bryan Parker of the Tennessee Department of Environment and Conservation to Dylan Charles, US Nitrogen's plant manager.
"The division considers the report to be technically correct with regard to the test procedures employed," the letter states.
"Reported data supports the US Nitrogen request to not inject ammonia to both plants before reaching 17,000 standard cubic feet per hour fuel rate," Parker continued.
"Even though the data showed emission rates in excess of the .41 pounds per ton of the nitrous oxide limit in the permit, the limitation is based on a daily average and not on instantaneous results," Parker wrote.
He added that the data showed the two ammomnia trains could be kept in compliance without injecting any ammonia until the desired fuel consumption rate (17,000 Standard Cubic Feet per Hour) is achieved.
Citing a table, Parker concluded that the data showed "neither train can consistently operate under this condition while increasing to a production rate above 17,000 scfh."
Contact: wfrochejr999@gmail.com
Sunday, November 1, 2020
US Nitrogen Leak Test Moving Forward
By Walter F. Roche Jr.
Tennessee transportation officials say they will be inspecting a Greene County right-of-way to determine there is no damage from tests planned by U.S. Nitrogen that will involve the release of thousands of gallons of water.
Mark Nagi of the Tennessee Department of Transportation said in an email response to questions that his agency has no authority over the planned release of water.
However TDOT will inspect the subject proposed utility maintenance work to ensure that the safety and integrity of the roadway is protected, Nagi said.
US Nitrogen recently informed the state Department of Environment and Conservation that it plans to discharge as much as 22,000 gallons of hydrostatic water to test for leaks in the 12 mile pipeline that runs from the company's Midway manufacturing plant to the Nolichucky River.
Nagi did say his agency was recently notified about the plans to conduct the tests. TDEC officials have concluded that US Nitrogen does have the authority to conduct the tests under its existing permits.
Park Overall, a local environmental activist, has raised questions about the tests including why they will be conducted over a lengthy time period, ending on April 30, 2012.
Overall said she has learned that companies conducting similar leak tests completed them in a single day.
"And, no one is testing the water except US Nitrogen," Overall said, adding that considering its past performance "why should people trust them."
According to the information filed with TDEC the discharge will be made from a point in the pipeline along the right-of-way of McDonald Road 1,000 feet southeast of Lick Creek, about 1,800 feet from the Beulah Baptist Church.
TDEC has advised US Nitrogen it must submit a report with TDEC on the discharge and it must be submitted no later than 30 days after the discharge has occurred.
Tennessee transportation officials say they will be inspecting a Greene County right-of-way to determine there is no damage from tests planned by U.S. Nitrogen that will involve the release of thousands of gallons of water.
Mark Nagi of the Tennessee Department of Transportation said in an email response to questions that his agency has no authority over the planned release of water.
However TDOT will inspect the subject proposed utility maintenance work to ensure that the safety and integrity of the roadway is protected, Nagi said.
US Nitrogen recently informed the state Department of Environment and Conservation that it plans to discharge as much as 22,000 gallons of hydrostatic water to test for leaks in the 12 mile pipeline that runs from the company's Midway manufacturing plant to the Nolichucky River.
Nagi did say his agency was recently notified about the plans to conduct the tests. TDEC officials have concluded that US Nitrogen does have the authority to conduct the tests under its existing permits.
Park Overall, a local environmental activist, has raised questions about the tests including why they will be conducted over a lengthy time period, ending on April 30, 2012.
Overall said she has learned that companies conducting similar leak tests completed them in a single day.
"And, no one is testing the water except US Nitrogen," Overall said, adding that considering its past performance "why should people trust them."
According to the information filed with TDEC the discharge will be made from a point in the pipeline along the right-of-way of McDonald Road 1,000 feet southeast of Lick Creek, about 1,800 feet from the Beulah Baptist Church.
TDEC has advised US Nitrogen it must submit a report with TDEC on the discharge and it must be submitted no later than 30 days after the discharge has occurred.
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