NC0000272_Intent to Issue_20220401

DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) INTENT TO ISSUE NPDES WASTEWATER
DISCHARGE PERMIT #NC0000272 WITH PROPOSED REMOVAL OF COLOR VARIANCE
PERMIT APPLICATION
Notice is hereby given in accordance with NC General Statutes (G.S.) 150B-21.2 and G.S. 150B-21.3A,
G.S. 143-214.1 and federal regulations at 40 Code of Federal Regulations (CFR) 131.20 (b), 40 CFR 131.14
and 40 CFR 25.5 that the DEQ, Division of Water Resources (DWR) intends to amend effluent permit
requirements applicable to Blue Ridge Paper Products, LLC. Public comment or objection to the draft
permit modification is invited. All comments received by April 30, 2021 will be considered in the final
determination regarding permit issuance and permit provisions.
Blue Ridge Paper Products LLC, (d/b/a Evergreen Packaging), Permit Number NC0000272. Blue Ridge
Paper Products, LLC is authorized to discharge wastewater from a facility located at the Blue Ridge Paper
Products Wastewater Treatment Plant, off Highway 215 (175 Main Street), Canton, Haywood County,
NC to receiving waters designated as the Pigeon River, French Broad River Basin, in accordance with
effluent limitations. Some of the parameters are water quality limited. This discharge may affect future
allocations in this portion of the French Broad River Basin. The location of the Outfall is: Latitude:
35°32'08"; Longitude: 82°50'42".
The thermal component of the discharge is subject to effluent limitations under Title 15A North Carolina
Administrative Code (NCAC) Subchapter 02B .0211 (18), which proposes thermal effluent limitations
disallowing an exceedance of 2.8 degrees C (5.04 degrees F) above the natural water temperature, and
in no case to exceed 29 degrees C (84.2 degrees F). The permit holder has requested a continuance of a
Clean Water Act Section 316(a) variance. On the basis of 15A NCAC 02B .0208 (b),and other lawful
standards and regulations, DWR proposes to continue the 316(a) variance in conjunction with the
renewal of the permit.
The draft wastewater permit and all related documents are available online
at: https://deq.nc.gov/news/events/public-notices-hearings. Printed copies of the draft permit and
related documents may be reviewed at the department's Asheville Regional Office. To make an
appointment to review the documents, please call 828-296-4500. Public comment on the draft permit
and on the proposed removal of the existing color variance should be mailed to: Wastewater Permitting,
Attn: Blue Ridge Paper Products Permit, 1617 Mail Service Center, Raleigh, N.C., 27699-1617. Public
comments may also be submitted by email to: [e-mail]. Please be sure to include
"Blue Ridge Paper Products" in the email's subject line.
COLOR VARIANCE INFORMATION
Notice is also hereby given in accordance with NC G.S. 150B-21.2 and G.S. 150B-21.3A, G.S. 143-214.1
and federal regulations at 40 CFR 131.20 (b), 40 CFR 131.14 and 40 CFR 25.5 that the NC Environmental
Management Commission (EMC) is requesting comment on removing the color variance from the
effluent permit requirements applicable to Blue Ridge Paper Products, LLC. All comments received by
April 30, 2021 will be considered. Comments should be mailed to: Wastewater Permitting, Attn: Blue
Ridge Paper Products Permit, 1617 Mail Service Center, Raleigh, N.C., 27699-1617. Public comments

may also be submitted by email to: [e-mail]. Please be sure to include "Blue
Ridge Paper Products" in the email's subject line. Public records related to the EMC consideration of the
variance are located at: https://deq.nc.gov/about/divisions/water-resources/water-resources-
commissions/environmental-management-commission-71
BACKGROUND
The effluent permit limit requirements applicable to Blue Ridge Paper Products, LLC established in
compliance with NC G.S. 143-215.1, other lawful standards and regulations promulgated and adopted by
the EMC, and the Clean Water Act (Act), as amended, previously contained a variance provision to the
state's narrative, aesthetic, water quality standard for color. The variance was granted July 13, 1988, by
the EMC, under provisions in G.S. 143-215.3(e). Further, the variance has been continued under
regulations contained in 15A NCAC 02B .0226, Exemptions From Surface Water Quality Standards:
"Variances from applicable standards, revisions to water quality standards or site -specific water quality
standards may be granted by the Commission on a case -by -case basis pursuant to G.S. 143-215.3(e),
143-214.3 or 143-214.1. A listing of existing variances shall be maintained and made available to the
public by the Division. Exemptions established pursuant to this Rule shall be reviewed as part of the
Triennial Review of Water Quality Standards conducted pursuant to 40 CFR 131.10(g)."
NC DEQ DWR has concluded that a variance from the narrative provision at 15A NCAC 02B .0211(12),
historically interpreted as an instream true color value of 50 platinum cobalt units (PCU), is no longer
necessary. As outlined in the accompanying supporting materials, significant improvements to the
instream concentrations of color in the Pigeon River, combined with specific limits on color and an
updated reevaluation regarding the narrative provision and protection of the designated uses, support
removal of the variance. While 40 CFR Part 131 requires that "a State may not adopt Water Quality
Standard (WQS) variances if the designated use and criterion addressed by the WQS variance can be
achieved..." by implementing certain effluent measures, the permit contains technology -based effluent
limits (see page 4 of the draft permit) that result in achieving the same goal and are in accordance with
the most recent US EPA Technology Review Workgroup recommendations. In addition to the removal of
the variance, the 2020 draft permit includes monitoring requirements that the facility meet a monthly
average delta (A) Color of 50 PCU at the Fiberville Bridge, when the Pigeon River flow at Canton is equal
or above the Monthly 30Q2 flow of 129 cubic feet per second. Previously, a Settlement Agreement
between NC, Tennessee (TN), and the US Environmental Protection Agency (EPA) required that the
facility meet an instream color of 50 PCU at the TN/NC state line, located approximately 40 river miles
below the discharge. A summary of the history of the variance, review of applicable regulations, and a
reevaluation of the stream conditions is located at: https://deq.nc.gov/news/events/public-notices-
hearings
RECOMMENDATION
In accordance with state and federal regulations, the proposed variance modification to the permit is
effectively a change to water quality standards and subject to public hearing. Under 40 CFR Part 131.14
(b)(1)(v) the state has reevaluated the Color Variance, examined the highest attainable condition using
all existing and readily available information and, now, provides notification to obtain public input on
this reevaluation, to confirm the finding that the present condition for color corresponds to meeting the
applicable criterion at 15A NCAC 02B .0211(12) and that a variance is no longer required for this facility

per the intent of 40 CFR Part 131. Upon completion of the review process, and certification under 40
CFR Part 132.5(b)(2) from the State's Attorney General's office that proper notification has been given,
the results of the EMC decisions will be submitted to the EPA for action.
ONLINE PUBLIC HEARING
In the abundance of caution, and to address protective measures to help prevent the spread of COVID-
19, the hearing will be held online.
Date: April 14, 2021
Time: 6 pm
WebEx link:
https://ncdenrits.webex.com/ncdenrits/onstage/g.php?MTID=e6dd914ab0c9b2593dbb23321a36af245
WebEx password: Nk2BCEzm7P2
WebEx phone number: 1-415-655-0003
WebEx access code: 171 787 6586 (Please see information below regarding registering for, joining, and
commenting at the public hearing.)
REGISTRATION
To register for the hearing and provide your preference regarding speaking at the hearing, please visit:
https://forms.office.com/Pages/ResponsePage.aspx?id=3I F2etC5m kSFw-
zCbNftGRcM2xmuszROiks3JDQp2 RURjJSWUpMRThRSURXVzA5WFU5MkdNUzk1UC4u
Or scan the following QR code with your phone:
Registration must be completed by 12:00 pm on April 14, 2021. If you have any problems registering
online, please call 919-707-9011 or email [e-mail] by the registration deadline of
12:00 pm on April 14, 2021.
The Division of Water Resources highly recommends testing your computer's WebEx capabilities prior to
the hearing at https://www.webex.com/test-meeting.html. For instructions about digital ways to join
the public hearing, please refer to the WebEx Help Center online at https://help.webex.com/en-us/ .
To comment during the hearing after your name is called as a registered speaker and/or after the
hearing officer asks if any people wish to comment following the registered speakers:
- If you join the hearing by phone, press *3 to "raise your hand," speak, and press *3 to "lower your
hand.
II
- If you join the hearing online, press the "raise your hand" icon, speak, and press the "lower your hand"
icon.
- The Hearing Officer may limit the length of time that you may speak, so that all those who wish to
speak may do so.