NC0000272_US EPA Response to request for removing color standards_20220401

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET, SW
ATLANTA, GEORGIA 30303-3104
March 10, 2022
Mr. S. Daniel Smith, Director
Division of Water Resources
NC Department of Environmental Quality
512 North Salisbury Street
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Mr. Smith:
The purpose of this letter is to approve the North Carolina Department of Environmental Quality's
request to remove the color water quality standards (WQS) variance associated with NPDES Permit #
NC0000272 for Blue Ridge Paper Products, LLC, submitted electronically to the U.S. Environmental
Protection Agency on December 30, 2021. In your letter written to Regional Administrator Daniel
Blackman, you submitted a request for EPA to take action regarding the termination of the color WQS
variance, which reverts the applicable water quality criterion to the narrative provision at
15 NCAC 02B .0211(12).
A certification letter from the Senior Deputy Attorney General dated December 21, 2021 was included
in the submission from the Department and concludes the revision was duly adopted pursuant to state
law and is valid and enforceable in the state of North Carolina. In accordance with 40 C.F.R. §
131.21(c), new and revised state and tribal water quality standards are not effective for Clean Water Act
(CWA) purposes until approved by the EPA. The EPA has concluded the revision is consistent with the
goals of section 101(a) of the CWA and the implementing regulations at 40 C.F.R. Part 131. In
accordance with section 303(c) of the CWA and 40 C.F.R. Part 131 and as laid out in the enclosed
decision document, the EPA is approving this revision.
In addition to the EPA's review pursuant to section 303(c) of the CWA, section 7(a)(2) of the
Endangered Species Act (ESA) requires federal agencies, in consultation with the U.S. Fish and Wildlife
Service (USFWS), to ensure their actions are not likely to jeopardize the continued existence of
federally listed species or result in the destruction or adverse modification of designated critical habitat
of such species. For ESA section 7(a)(2) to apply, the EPA must be taking an action in which it has
sufficient discretionary involvement or control to protect listed species and designated critical habitat.
The EPA has concluded it has no discretion to consult on its approval of the Department's removal of
the color WQS variance, because states have full discretion to decide whether to adopt (or remove) a
WQS variance, consistent with 40 C.F.R. § 131.14. Therefore, the EPA has no further consultation
obligation for the subject revision.

The EPA recognizes the importance of this watershed for the states of North Carolina and Tennessee
and the long history of collaboration to improve the water quality of the region. As such, we continue to
encourage collaboration between the states in the continuing efforts to maintain and restore the
watershed. The decision to interpret 15A NCAC 02B .0211(12), within its permits and other
implementing CWA programs, lies with the North Carolina Department of Environmental Quality. Any
new color removal technologies that become available and any future permit renewals initiated by the
NCDEQ, will provide opportunities to work with the state of Tennessee and the EPA Region 4's
permitting offices.
If you have any questions, please feel free to contact me at [phone] or have a member of your
staff contact Ms. Lauren Petter at [phone] or [e-mail].
Sincerely,
JEANEANNE
GETTLE
Digitally signed by JEANEANNE
GETTLE
Date: 2022.03.10 09:42:19 -05'00'
Jeaneanne M. Gettle, Director
Water Division
Enclosure