Stan Olmstead
P.O. Box 403
Jonesborough TN 37659
stanolmstead@gmail.com
October 13, 2016
T.D.E.C: Division of Water Resources – Technical Secretary
William Snodgrass Tower
312 Rosa L. Parks Avenue, 11th Floor
Nashville TN 37243
To the Division of
Water Resources - Tennessee:
Re: Permit Appeal - NPDES
#TN0081566
It is with disappointment that the Tennessee Division of
Water Resources approved; Oct 1, 2016, U.S. Nitrogen LLC’s permit for discharge
of cooling and waste waters into the Nolichucky River for their proposed
Aqueous Ammonium Nitrate plant near Midway TN. My oral and written comments to
the Division of Water Resources were presented during your June 9th
public hearing. I expressed concern with water quality and asked for a denial
of U.S. Nitrogen’s request and yet the process and the standards worked in U.S.
Nitrogen’s favor. This authorization will degrade the quality of Tennessee
waters and more specifically represents a necessary need to review and alter the
Division’s and Tennessee Board of Water Quality rules and standards for future
authorization as permitted by the Tennessee Code Annotated 69-3-105 subsection
(i): Duties and authority of the Board. I respectfully request a statutory
appeal.
After review of the decision to authorize water discharge
for NPDES #TN0081566 my conclusion is that the Exceptional Waters of the Nolichucky
River will be degraded and injured by the proposed U.S. Nitrogen water
discharge. U.S. Nitrogen’s initial request to discharge into Lick Creek was
altered because of Lick Creek’s impaired waters and new discharges would
increase nitrates-nitrites as well as the many other water contaminating
chemicals and temperature change proposed by U.S. Nitrogen. The only improved
issue for water standards would be Total Suspended Solids (TSS) where U.S.
Nitrogen filters sediments from the intake waters. U.S. Nitrogen’s plans changed
and re-evaluated their proposal determining the use of the Nolichucky River
with a larger water quantity (dilution)
with less impairment would meet their needs would not conflict with Total
Maximum Daily Load increase of pollutants. In either situation, Lick Creek or
Nolichucky River the waters down stream from the proposed plant are to be impacted.
This industrial pollution is a degradation of the water supply caused by unwanted
by-products of U.S. Nitrogen and their business.
Waters of the Nolichucky River are impaired and are listed on Tennessee’s 303(d) list of impaired waterways, primarily due to siltation from irrigated crops, pasture grazing, and impacts up stream within North Carolina. Adding additional wastewaters to the already impaired river will only degrade in an accumulated method the river system further. The waters of the Nolichucky River with some exceptions are not fully functional and this authorization will add to the lack of function for the water’s intended use. The communities near the water intake and discharge are obviously opposed to U.S. Nitrogen’s plans and their concern can be easily seen in the hundreds of “Save Our River” signs, public protest meetings and continued effort associated with the development in a multi-county area. Residents appear concerned about water shortage, contaminated culinary water at home water wells, livestock contamination, water contamination of agricultural products and more. However, citizen’s concerns have been dismissed due to the standards set by the state to protect waters but none the less, the citizen concerns remain justified. As seen repeatedly in our nation, technical design by corporations to protect the environment frequently fail and the citizens are left with injury.
Reviewing the Divisions 2014 and draft 2016 list of 303(d) impaired
waters, which is required by the Clean Water Act, it appears that the
Nolichucky River’s sections of impairment are primarily attributed to
agriculture activities but many other chemicals are present including Uranium
up stream being discharged by authorization to Nuclear Fuels Services. As you
are aware the intent of Clean Water Act is to improve the health of U.S. waters
but the law is minimized by exemptions for agricultural and energy related
industries. It is again minimized and
diminished by the allowance of dilution of polluting substances to enter the
waters through the legal process of the State and EPA. The caveat of: “unless it is necessary to accommodate
important economic or social development in the area in which the waters are
located” is unacceptable.
Although the Board is unable to undermine the standards of
the Clean Water Act the Division and subsequent oversight by the Board each representing
Tennessee has the authority to be more stringent to protect waters. I ask that
you do so and I ask that you limit negative impact to our waters contributed by
agricultural, storm water run off, municipal wastewater discharge and point
source contamination!
I encourage the use of:
T.C.A 69-3-105 (b): The board has
and shall exercise the power, duty, and responsibility to adopt, modify,
repeal, and promulgate, after due notice, all necessary rules and regulations
that the board deems necessary for the proper administration of this part, the
prevention, control, and abatement of pollution, or the modification of
classification and the upgrading of the standards of quality in accordance with
subsection (a).
I ask that industry and others wishing to utilize or impact waters
of the state not just meet present standards but that the standards be modified
and accomplish a near zero impact to the aquatic system. I believe U.S.
Nitrogen is not proposing Best Available Technology to minimize pollution
strictly for cost saving measures.
Regulation failures:
Tennessee’s
anti-degradation statement is associated with water withdrawal and
discharges of pollutants unless important economic or social development in the
area in which the waters are located. I contend that the degradation of waters
even for economic and social needs is unnecessary and this caveat (loop hole) be stricken from the
regulations. A more appropriate caveat would be: “for national calamities or disasters”. U.S. Nitrogen LLC certainly
has other options (reverse osmosis) than
discharging waters directly into the domestic water supply and our Exceptional
waters and they have not considered Best Available Technology.
Example:
The power industries use of fossil fuel had a similar situation with air
quality. Installation of “scrubbers”
associated with power plants continued to clean their discharges into the
atmosphere until little pollutants were being emitted.
The state’s Essential Waters reflect
our wellbeing and have pristine valuable qualities beyond economics. I request
that the Division analyze industry, livestock and irrigation use of waters separate
from waters for domestic water supply, fish and aquatic life, wildlife and
recreation and evaluate the waters only in a way that leads to improvement for
the aquatic system and the public.
De minimus definition associated with the 7Q10 rule refers to
less than 5% impact and does not show a quantitative or cumulative impact. I
also contend that the percent of impact by pollution from industry and others should
be near zero before allowance and hence a new definition of de minimus or preferably that the term
be stricken from the rules and replaced with “compatible with the desired water quality of the stream”. The state
has relevantly little understanding of how U.S. Nitrogen’s pollutions will
negatively impact each and every species of the river. That the few species tested
for impact are minuscule and do not provide understanding or known impacts. I
also state that common species should be considered for negative impacts as
well as State and Federally listed species.
The de minimus definition
assumes a dilution as a solution and does not measure the cumulative nature of
chemicals in the waters.
7Q10 rule: statistical
reference of a stream at a low flow for 7 consecutive days in a 10 year
recurrence period is to lenient for the impacting (polluting) individual or corporation. The environment is drastically being impacted
globally, nationally and locally by our use and activities and in most cases the
water system is being degraded. U.S. Nitrogen’s discharge permit authorization
is a classic example of an impacting activity. A rule change is the only
solution to improve our quality of waters.
Mixing zone: … “fish and aquatic life will have ample space to
avoid the mixing zone”. The
assumption that species will avoid the contaminated area or that there is ample
space for avoidance is not a true statement. Species frequently are impacted at
point locations of hazards. In addition the river recreationist must totally
avoid this area of high pollutants and alter their fishing, river travel or
point location enjoyment to avoid this mixing zone or enter an area of
increased contamination. If a recreational “tuber” floating the river; would by
reason have to limit their enjoyment with the need to avoid the mixing zone or
subject them-selves to unwanted pollution.
Due to the above mentioned issues and the general nature of
the Division’s responsibility to act in the wellbeing of the Tennessee public
to protect state waters, I ask that you grant my appeal, that the standards are
reviewed for improvement and that U.S. Nitrogen is required to minimize its
impacts to near zero by such methods as water impoundment, filtration, reverse
osmosis and other technical methods available without concern for costs before
authorization of the use and discharge. All
waters of the State should be improved and all watercourses including the
Nolichucky River will no longer be impaired.
It is known that all waters travel in gradient to the lowest
level from the mountains to the sea and that cumulative impact occurs from the
highest reaches of the Appalachians through Tennessee and on to the Gulf and
the Atlantic. This is a national issue and a civil rights issue for U.S.
citizens. Many conservation and environmental conscious groups are critical of
Tennessee’s Water Quality Division and other government agencies associated
with water quality concerns. One group the “Izaak Walton League” provided a documented
score for the state’s success in administering water health:
“Transparency C, Site-Specific Information F, Age of Data B, Frequency
of Sampling B, Water Quality Standards C, Volunteer Engagement F; final grade
50%.
I categorically state that the Division’s allowance by rules
for low water standards will impact my “civil rights” as a citizen and
respectfully ask that the state and federal government provide clean waters for
all citizens. This declaration of a civil rights violation in my opinion constitutes
an aggrieved person and allows my standing in this argument.
Improve the rules and regulations to accomplish the goal of
improved Tennessee waters and fulfill the intent of the Federal Water Pollution
Control Act; … “to restore and maintain
the chemical, physical, and biological integrity of the Nation’s waters” …
and the Tennessee Water Quality Control Act; … ”the waters of the state are held in public
trust for the use of the people of the state”… in continuance …“is to abate existing pollution of the
waters of Tennessee, to reclaim polluted waters, to prevent the future
pollution of the waters” … .
Deny the permit as written and remand to the Tennessee
Department of Environment and Conservation.
With Respect,
Stan Olmstead
Natural Resource Advocate
No comments:
Post a Comment