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
Thursday, September 30, 2021
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
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
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.
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
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
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
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
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