NC0000272_Request for action 12-30-2021_20220401

R.OY COOPER.
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 30, 2021
Mr. Daniel Blackman, Regional Administrator
Environmental Protection Agency, Region IV
61 Forsyth Street SW
Atlanta, GA 30303
SUBJECT: Request for Action on the Color Variance Provision Applicable to Blue Ridge
Paper Products, LLC (d/b/a Evergreen Packaging)
Dear Mr. Blackman:
In accordance with the provisions of Section 303 of the Clean Water Act, I am submitting North
Carolina's formal request for action regarding the termination of the color variance from the
narrative standard issued to Blue Ridge Paper Products, LLC (d/b/a Evergreen Packaging) on July
14, 2010 upon issuance of the NPDES permit renewal. Variances are reviewed as part of the state's
Triennial Review of Classifications and Standards.
A complete listing of the enclosures submitted as part of this package is attached. A letter of
opinion from our Attorney General certifying that the termination of the color variance has been
duly adopted following public hearing and that the termination of the color variance is valid and
enforceable in the State of North Carolina as of the date of the issuance of the NPDES permit
renewal is included as Enclosure 2.
I hope you will find the termination of the color variance included in this package satisfactory with
regard to the requirements of the Clean Water Act. I look forward to receiving your letter of action
on all the items submitted as part of this package. If you should have any questions, please call
Elizabeth Kountis at [phone].
Sincerely,
S
S. Daniel Smith
Director, Division of Water Resources
TR:EK
Enclosures
cc: Tony Able (EPA), Dan Holliman c/o Stacy Bouma (EPA), Karen Higgins (DWR)
DE
r4O TNCAROLNA
O.psrbrenl orenrironmemainueury
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

List of Enclosures
Enclosure # Title of Enclosure Page
Enclosure 1.
Summary of the Removal of the Color Variance
Provision Applicable to Blue Ridge Paper Products, LLC
(d/b/a Evergreen Packaging)
1
Enclosure 2. Attorney General's Certification 3

Enclosure 1.
Summary of the Removal of the Color Variance
Provision Applicable to Blue Ridge Paper Products,
LLC (d/b/a Evergreen Packaging)

Summary of the Removal of the Color Variance Provision Applicable to Blue
Ridge Paper Products, LLC (d/b/a Evergreen Packaging)
Blue Ridge Paper Products, LLC (d/b/a Evergreen Packaging) 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, North Carolina (NC) to receiving
waters designated as the Pigeon River, French Broad River Basin, in accordance with effluent
limitations as well as a variance from the state's narrative water quality color standard. The NC
Department of Environmental Quality (DEQ) Division of Water Resources (DWR) has
concluded that the 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 for Blue Ridge Paper Products, LLC. 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.
In accordance with state and federal regulations, the proposed removal of the color variance 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 has provided notification and
subsequently a public hearing on April 5, 2021 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.
Notification of the public hearing consisted of notices published in the North Carolina Register
on December 1, 2020 and February 16, 2021; news releases disseminated on January 15, 2021
and April 8, 2021; social media posts provided on January 15, 16, 17, 19 and 21, 2021; an
announcement sent out to the DWRPublicNotices List serve on January 27, 2021; and
information about the hearing published in local newspapers on January 27, 2021. The public
comment period occurred from December 1, 2020 through April 13, 2021, and all public
comments that were received were provided to the Environmental Management Commission
(EMC) for the purpose of evaluating the approval of the removal of the variance provision from
the permit applicable to Blue Ridge Paper Products, LLC (d/b/a Evergreen Packaging), Permit
Number NC0000272 via a "Report of Proceedings" at https://deq.nc.gov/media/26046/open.
On November 17, 2021, the EMC acted to terminate, upon issuance of the NPDES permit
renewal, the color variance from the narrative standard issued to Blue Ridge Paper Products,
LLC (d/b/a Evergreen Packaging) on July 14, 2010. More specifically, the EMC approved 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 should 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.

Enclosure 2.
Attorney General's Certification

JOSH STEIN
ATTORNEY GENERAL
December 21, 2021
Mr. Daniel Blackman, Regional Administrator
Environmental Protection Agency, Region IV
61 Forsyth Street SW
Atlanta, GA 30303
Reply To:
Daniel S. Hirschman
Environmental Division
Phone: [phone]
dhi [e-mail]
SUBJECT: Certification of Termination of the Color Variance Applicable to Blue Ridge
Paper Products, LLC (d/b/a Evergreen Packaging)
Dear Mr. Blackman:
Under the provisions of Article 21, Chapter 143 of the North Carolina General Statutes as
amended, the North Carolina Environmental Management Commission is directed and
empowered to adopt and assign "best use" classifications to all the surface waters of the State
and to adopt water quality standards applicable to each classification.
The North Carolina Environmental Management Commission, after notice duly given, has acted
to terminate, upon issuance of the NPDES permit renewal, the color variance from the narrative
standard issued to Blue Ridge Paper Products, LLC (d/b/a Evergreen Packaging) on July 14,
2010. The timeline of North Carolina's rulemaking regarding the termination of the color
variance is described in the enclosed "Summary of the Removal of the Color Variance Provision
Applicable to Blue Ridge Paper Products, LLC (d/b/a Evergreen Packaging"
By delegation from the Attorney General of North Carolina, I advise you that it is my opinion
that the termination of the color variance as described in the enclosure has been duly adopted and
promulgated in accordance with the Laws of the State of North Carolina and the Rules of the
Environmental Management Commission, and that the termination of the color variance is valid
and enforceable in the State of North Carolina as of the date of the issuance of the NPDES
permit renewal.
WWW.NCDOJ.GOV
Very truly yours,
Daniel S. Hirschman
Senior Deputy Attorney General
114 W. EDENTON STREET, RALEIGH, NC 27603 919.716.6400
P. O. Box 629, RALEIGH, NC 27602-0629