NC0000272_Draft Committee Minutes 11-17-2021_20220401 (2)

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
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.
Chernikov. One other correction was to change proposes which should be proposed on the last
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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 only on the color
variance. She said the EMC delegated to DWR decision -making authority for all other aspects of
the NPDES permit renewal for the facility.
Ms. Kountis, DWR Classification, Standards, and Rules Review Branch, reviewed the
definition and authorities for an NPDES variance. She also presented the history of the color
variance for the Blue Ridge Paper Products, LLC, Canton facility which discharges treated
wastewater effluent to the Pigeon River. She expressed the Division's reasoning to support
terminating the facility's color variance. Ms. Kountis provided information on the public hearing
held and provided comments received pertaining to the color variance's proposed termination. She
also presented DWR's estimated rulemaking timeline associated with the proposed variance
termination. Finally, Ms. Kountis conveyed the Hearing Officer Charles Carter's recommendation
for the EMC NPDES Committee to terminate the color variance.
Chair Deerhake called for questions from the Committee members. Hearing none at that
time, she proceeded with her own questions for staff. She asked who initiated the variance
termination. Ms. Kountis said the permittee approached the Department, requesting removal of the
variance.
Chair Deerhake asked whose idea was it to shift to a new color compliance determination
method known as " LPlatinum-Cobalt Units" (APCU). Ms. Kountis introduced staff member Dr.
Chernikov to respond. Dr. Chernikov stated that in the early 1980s, the EPA interpreted the North
Carolina narrative color standard as an instream standard of 50 PCUs. This number is based on the
ability of the average observer to detect instream color. However, he said 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 (15A NCAC 02B .0211 (12)). Hence,
DWR concluded the EPA interpretation of objectionable is overly conservative.
During the last 30 years, Blue Ridge Paper has made significant improvements to the
facility in order to reduce effluent color load and improve its overall environmental performance.
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As a result, the annual average effluent color loading has been reduced from 380,000 lb/day in
1988 to 36,000 lb/day today.
In order to achieve this result, the mill has spent over $526 million in expenditures on
environmental process improvement since 1990. The mill upgrade included two changes that
significantly improved the mill's environmental performance The facility eliminated the use of
elemental chlorine and implemented significant changes to both the pine and hardwood
bleaching lines.
The first major change was the use of oxygen delignification. This process is utilized to
separate the lignin from the fiber. This resulted in significant improvement in the mill's
environmental performance The second major change was the implementation of full-scale
bleach filtrate recycle (BFR) on the pine bleach line and caustic extraction stage (Eo) filtrate
recycle (-20%) on the hardwood bleach line. BFR removes color from the effluent. It was
installed in 1998 at a capital cost of $30 million.
According to the latest report of consultant Dr. Liebergott (issued on July 7, 2006) the
mill is ranked # 1 in the world in regards to the BOD, COD, and color removal. Dr. Liebergott
was originally hired in 2001 by the consortium of environmental groups to evaluate the facility
for color reduction options. Dr. Liebergott also concluded, after evaluating data from 76 similar
mills around the world, that Blue Ridge Paper Plant is ranked # 2 in the world in regards to the
TSS and AOX (adsorbable organic halides) removal.
Biological studies conducted by the University of Tennessee in 2005 and 2012 concluded
that the Pigeon River has a "balanced and indigenous fish community". These studies also found
a diverse and healthy macroinvertebrate community in the Pigeon River. Separate scientific
studies indicate that stream color concentrations below 100 color units have no effect on health
of aquatic organisms (NCASI Special Report 9407, Human Perception and Biological Impacts of
Kraft Mill Effluent Color, June 1994).
According to the information the Division received from the state of Tennessee, the River
Run Walleye has returned to the Pigeon River. This is a very sensitive species that indicate high
water quality. The Pigeon River has also become a trophy smallmouth bass fishery, and the
number of rafters in Tennessee has increased from -21,000 in 1995 to almost 150,000 in 2007.
The true color at the North Carolina/Tennessee line during the last 5 years (2014-2018)
has averaged 21 color units, which is significantly below the value that was interpreted by EPA
as the color water quality standard agreed upon by both states.
The true color at the Fiberville Bridge (0.4 miles below discharge) during the last 5 years
(2014-2018) has averaged 41 color units, which indicates the long-term compliance with the
EPA interpreted state color standard.
Review of the instream monitoring data for the period 2014-2018 indicates that this
condition would be met most of the times with an exception of the significant drought
conditions.
Therefore, DWR recommended that the NPDES permit's color condition require the facility
to meet the monthly average 450 PCU (the difference between monthly average true color
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upstream of the facility and the monthly average true color downstream of the facility wastewater
discharge outfall at the Fiberville Bridge) when the flow in the Pigeon River is equal to or greater
than monthly 30Q2 (2 year, 30-day low flow). By meeting this condition, DWR staff believe the
facility will not contravene the State ambient color standard (15A NCAC 02B .0211(12)). The
£PCU approach to compliance determination is proposed to eliminate potential influence of
upstream turbidity and other color -contributing sources on color that is measured at the Fiberville
Bridge monitor downstream of the facility's effluent discharge outfall.
When asked by Chair Deerhake to justify the change in compliance determination methods
which are not equivalent and are designed to measure different outcomes (i.e., an instream
measurement downstream of the facility that exceeds an objectionable color threshold vs.
exceedance of a selected difference between downstream and upstream colors), Dr. Cherniov
explained that it is DWR's position that changing to the 1PCR method is 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 (upstream) 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 which
established a color limit of 50 PCU above background for the Hiwassee River.
3) A similar study conducted by Dr. Prestrude for the State of Maine resulted in the color limit of
40 PCU above the source river's background.
4) Dr. Prestrude conducted color perception studies in both Tennessee and North Carolina
waters (Pigeon River). Prestrude (July 1996) reported that the vast majority of people
participating in the research projects considered water quality color in the receiving stream
aesthetically acceptable in the 100-110 PCU color range.
Chair Deerhake responded that it appeared the request for terminating the variance
based on the new and different approach to demonstrating compliance (i.e., iPCU) may be
interpreted by some as not demonstrating a reduction of actual color downstream because the
basis for the compliance determination was different. Dr. Chernikov explained that
implementing compliance with NC Color Standard at the Fiberville Bridge (0.4 river miles
downstream of the discharge) makes the permit more stringent because the original agreement
with EPA and TN required compliance with the Color Standard at the state line (almost 39 river
miles downstream of the discharge). In addition, the permit maintains Daily Maximum, Monthly
Average, and Annual Average Color limits that have been developed by the EPA technology
team, which consisted of EPA experts and independent experts. Furthermore, Fiberville bridge
was chosen as a compliance point as the first downstream sampling location, which is a standard
procedure for all Major NPDES permits, and this is the first time when the permit for this facility
requires instream compliance with the water -quality based Color Standard. Previous permits only
required compliance with the technology -based effluent Color Standards.
Chair Deerhake explained that she thought it was neither relevant nor appropriate to state
in the Response to Comments that color levels in other parts of North Carolina exceeding 50 PCU
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are acceptable to the public and support the acceptability of greater than 50 PCU in the Pigeon
River. She explained that eastern North Carolina waters are not comparable to the Pigeon River
because those rivers are distinctly different ecoregions with unique water chemistry. She added
that the Hiwassee Basin — while in western NC — is also a distinctly different ecoregion and has a
greater volume and flow rate than the small Pigeon River. She added her same reasoning could
apply to waters in the State of Maine.
Chair Deerhake asked Dr. Chernikov if Blue Ridge Paper performed more than the one
study of potential new color -reducing treatment technology described in the facility's 2015 annual
color report included in the action item's records. She said the report showed only one new
technology study which was rejected as infeasible. She added the 2015 report indicated the facility
primarily adopted multiple best management practices and replaced/upgraded equipment. Dr.
Chernikov said Blue Ridge has performed additional technology studies in other years and
determined those were also infeasible or ineffective.
Chair Deerhake asked if U.S EPA Region 4 submitted any written comments on the
proposed termination of the color variance. She said the Hearing Officer's report only
referenced discussion with Region 4. Dr. Chernikov said Region 4 did not submit written
comments.
Chair Deerhake stated that she believed reliance on the statewide aesthetics standard (15A
NCAC 02B .0211(12) for color may not be appropriate, citing the lack of a definition in the
standards for "aesthetics" and the standard's vagueness since the state contains extremely diverse
river basins and ecoregions. She recommended that the EMC examine the state -level aesthetics
standard to determine if it can be amended to increase its relevance to the state's many diverse
basins and ecoregions.
Chair Deerhake added that the meaning of "objectionable" for the purpose of determining
water color compliance is based on averaging monitored stream color data. In contrast,
"objectionable" odor for air quality rules is based on real-time observations. She said this
difference in the meaning and application of "objectionable" is another topic that the EMC may
wish to examine.
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. Chair Deerhake asked if there was any
additional discussion. Hearing none, the Chair called for a vote, and the motion passed.
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With no further business before the Commission, the Chairman adjourned the meeting at
2:30 p.m.
Approved this 12th day of January 2022.
Marion Deerhake, Chair
NPDES Committee
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