NC0000272_Email_20120223

Cranford, Chuck
From: Paul Dickens [[e-mail]]
Sent: Thursday, February 23, 2012 10:08 AM
To: Chernikov, Sergei; Belnick, Tom
Cc: Cranford, Chuck
Subject: Background Documents Related to 316(a) Study Plan
Attachments: Coutant 3d Thermal Wkshp talk 11 Oct 2011.pdf; EPA Inspector General Report on NC 316a
- May 2011.pdf
Sergei and Tom —
Last October, I attended a national conference on 316(a) sponsored by the Electric Power Research Institute (EPRI).
Power plants are the primary types of facilities with alternative thermal limits under Section 316(a) of the Clean Water
Act, but there are also industrial sites like the Canton Mill that fall under these rules. The conference was good
benchmarking for a national perspective on how 316(a) Demonstrations are being done and the heightened regulatory
scrutiny that EPA is applying to delegated states on the same.
The keynote presentation was given by Dr. Chuck Coutant, who is key member of our 316(a) team. A copy of Chuck's
presentation is attached for your use. It is a good overview of the current state of 316(a) regulation and thermal ecology
science.
An important legal point that I learned at the EPRI conference is terminology. 316(a) limits are not a"variance". Section
316(a) of the Clean Water Act authorizes the permitting authority to set"alternative thermal effluent limitations" based on
the 316(a) Demonstration [40 CFR 125 Subpart H]. These limits are in effect a site-specific water quality standard and
are not a variance from otherwise applicable temperature standards under water quality stream classification rules. The
term "thermal variance" is inappropriate.
Also attached is the May 2011 EPA Inspector General report on recent NC 316(a) Demonstrations. You should already
have a copy, but if not it is an important reference for review of the Canton Mill 316(a) study plan. At the EPRI
conference, I learned that in Oct 2008 there was an EPA internal review of the how the agency and states were handling
renewal of 316(a) alternative effluent limitations that led to the heightened scrutiny and oversight now given these reviews.
Paul
Paul Dickens
Manager Environmental Affairs
Canton Mill -Waynesville Plant
Evergreen Packaging
175 Main Street, Canton, NC 28716
828-646-6141
pau I.d ickensCa)everpack.com
DISCLAIMER: This electronic message together with any attachments is confidential. If you are not the intended recipient,do not copy,disclose or use the
contents in any way. Please also advise us by return e-mail that you have received the message and then please destroy. Evergreen Packaging is not
responsible for any changes made to this message and/or any attachments after sending by Evergreen Packaging. We use virus scanning software but exclude
all liability for viruses or anything similar in this email or any attachment.
1