NC0000272_Draft Committee Minutes 11-17-2021_20220401 (3)

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
National Pollutant Discharge Elimination System (NPDES) Committee Minutes
November 17, 2021
The NPDES Committee occurred in the Ground Floor Hearing Room of the Archdale Building at
512 N. Salisbury St., Raleigh, NC. Commissioners, staff, and scheduled speakers attended in -
person on Wednesday, November 17, 2021. The NPDES Committee meeting audio and
presentations were broadcast via the state web conferencing link posted on the North Carolina
Environmental Management Commission (EMC) website at:
https ://deq.nc. gov/about/divisions/water-resources/water-resources-commissions/environmental-
management-commission
The meeting was called to order at 1:00 p.m. with Chair Deerhake presiding. She
provided the notice required by N.C.G.S. § 138A-15(e).
NPDES COMMITTEE MEMBERS IN ATTENDANCE
Marion Deerhake (NPDES Chair)
John McAdams
Patricia Harris (Vice -Chair)
Maggie Monast
Charles Carter
Robin W. Smith (EMC Chair), Ex-Officio
c
EMC MEMBERS & COUNSEL IN ATTENDANCE
Dr. Suzanne Lazorick, EMC Vice -Chair
Mr. Phillip Reynolds, Counsel
David Anderson
Julie Grzyb, DWR Deputy Director
Danny Smith, DWR Director
L Preliminary Matters
1. Call to Order
The meeting was called to order at 1:00 p.m. with Chair Deerhake presiding. She took a
voice roll call of the members in attendance and confirmed a quorum existed.
Chair Deerhake read the State Government Ethics Act - G.S. 163A-159(e) "Conflicts of
Interest" notice. No Committee members responded that they had a conflict of interest with any
action or information item on the meeting agenda. There were no conflicts of interest.
2. Approval of minutes from September 9, 2020 (attached). Chair Deerhake indicated that
there were a few corrections to be made. She stated that Mr. Chernikov's title should be Dr.
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Chernikov. One other correction was to change proposes which should be proposed on the last
page of the minutes. Commissioner Harris made a motion to approve the minutes as corrected.
Commissioner McAdams seconded the motion and the motion passed.
3. A decision was made to approve the minutes at the next NPDES committee meeting in
January 2022.
Action Item
1. Request that the Color Variance Applicable to Blue Ridge Paper Products, LLC be
Terminated
Chair Deerhake recognized EMC Counsel Phillip Reynolds to explain the purpose of the
meeting and the variance review process.
EMC Counsel reminded the Commission that this was a quasi-judicial matter. EMC
Counsel Reynolds explained that the decision coming before the NPDES Committee was
regarding the (color) variance and not the (associated) permit.
Chair Deerhake reminded the members that the day's topic focused on color only, the
variance and there is a separate effort undergone by the delegation to the staff to deal with all other
NPDES aspects of the permit for the facility. Please keep that in mind as you think about any
questions you may want to ask.
Ms. Kountis, the Classification, Standards, and Rules Review Branch of DWR reviewed the
definition and authorities for a variance. She also presented the history of the color variance
applicable to the Blue Ridge Paper Products, LLC, facility discharging to the Pigeon River and
provided support for, and the impact of, terminating the color variance for the facility. Ms. Kountis
provided information on the public hearing and comments received regarding the proposed
termination of the color variance, plus an estimated timeline associated with this proposed
rulemaking Finally, a hearing officer recommendation and requested action regarding the
proposed termination of the color variance was presented by Ms. Kountis.
Chair Deerhake indicated as a follow up on that, the permittee approached the Department
requesting removal of the variance and there is a new method that you referred to that will put in
place for determining compliance in the new permit called the Delta PCU approach. She asked
Ms. Kountis where did that idea originate from? Ms. Kountis referred the question to Dr.
Chernikov.
Dr. Sergei Chernikov stated that in the early 1980's, the EPA interpreted the North Carolina
narrative color standard as an instream standard of 50 PCU [Platinum -Cobalt units]. This number is based
on the ability of the average observer to detect instream color. However, it is important to emphasize that
the ability to detect color does not mean that the color is objectionable to the observer, which is the basis
of the North Carolina standard. Hence, the EPA interpretation is overly conservative.
The DEQ proposes that the permit condition shall require the facility to meet the monthly average A50
PCU (the difference between monthly average upstream and monthly average downstream true color) at
the Fiberville bridge when the flow in the Pigeon river is equal or above Monthly 30Q2. By meeting this
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condition, the facility will not contravene the state color standard. The delta PCU is proposed to eliminate
potential impact from turbidity and other sources of color upstream of the discharge.
This decision can be supported by the additional following information:
1). The Bowater Hiwassee River Study (Prestrude and Laws, 1989) identified that color increases of 50 to
60 PCU were acceptable to observers. Since the background color concentration for Blue Ridge Paper is
13 PCU, the downstream color concentration of 64 to 74 PCU should be acceptable to observers.
2). The recommendation from the Bowater Study was accepted by the State of Tennessee and it
established a color limit of 50 PCU above background for the Hiwassee River.
3) . Similar study conducted by Dr. Prestrude for the State of Maine resulted in the color limit of 40 PCU
above the background per river.
4). Dr. Prestrude conducted a color perception studies in both Tennessee and North Carolina waters
(Pigeon River). Prestrude (July 1996) reported that the vast majority of persons participating in the
research projects considered water quality color in the receiving stream as aesthetically acceptable in the
100-110 PCU color range.
Discussion was held regarding the proposed termination of the color variance but primarily
regarding the proposed permit and associated compliance issues. Thus, most questions were
addressed by Dr. Sergei Chernikov with the Industrial Permitting Branch of the Water Quality
Permitting Section. Commissioner Carter stated that there was much argument that the color
variance should not be eliminated, and that there was no legal basis for the variance to be extended.
Commissioner Carter made a motion, and EMC Counsel Reynolds recommended that the
motion should include adoption of the hearing officer's report. Commissioner Carter agreed.
EMC Counsel Reynolds said that he understood Commissioner Carter's motion to be that
Commissioner Carter moved that the committee "adopt the hearing officer's report and that the
2010 Color Variance from the narrative standard for color [15A NCAC 02B .0211 (12)] issued to
Blue Ridge Paper Products, LLC (d/b/a Evergreen Packaging) on July 14, 2010 not be extended
for another permit term and therefore terminated upon issuance of the NPDES permit renewal, as
required in Paragraph (E) of the 2010 Color Variance."
Commissioner Harris seconded the motion, and the motion passed unanimously.
With no further business before the Commission, the Chairman adjourned the meeting at
Approved this 12th day of December 2021.
Marion Deerhake, Chair
NPDES Committee
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