NC0006564_Request for Extension of Corrective Action Plan_20230605

Baxter
June 1, 2023 RECEIVE�
Amir Adaryani, Environmental Engineer
JUN 65 2023
North Carolina Department of Environmental Quality NpDES
Division of Water Resources NCDEQIDWRI
1611 Mail Service Center
Raleigh, NC 27699
RE: NCO006564 Minor Permit Modification:
Request for Extension of Corrective Action Plan Deadline
Mr. Adaryani,
Baxter Healthcare Corporation (Baxter) requests an extension of the deadline for submittal of the
Corrective Action Plan, currently due by September 1, 2023 per the Temperature Compliance
Schedule (TCS) of 120 days,placing the new deadline for submittal on December 30, 2023.
This extension will allow Baxter to respond to the questions posed in the Division of Water
Resources' (DWR) May 26, 2023 correspondence and incorporate DWR's feedback on Baxter's
responses into its efforts to fully explore the best available engineering and management control
options with respect to reliability, energy and water utilization, seasonality, as well as timelines
for construction or implementation. Because Baxter is investigating these controls in parallel
with a more granular assessment of sources of heat in our process, the additional time requested
will also be critical in allowing Baxter to determine which control methods, either individually or
in concert, will yield durable year-round compliance.
As requested in DWR's May 26, 2023 correspondence, this extension will not interfere with the
attainment of the final compliance date or delivery of the summary reports required by the TCS.
Baxter
Sincerely,
Derek Bouchard
Environmental Manager
Baxter Healthcare Corporation
PO Box 1390.Marion,NC 28752
T 828 756 4151

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
SECTION 11.CHECKLIST AND CERTIFICATION STATEMENT(40 CFR 122.22(a)and(d))
11.1 In Column 1 below,mark the sections of Form 1 that you have completed and are submitting with your application.
For each section,specify in Column 2 any attachments that you are enclosing to alert the permitting authority.Note
that not all applicants are required to provide attachments.
Column 1 Column 2
ElSection 1:Activities Requiring an NPDES Permit ❑ w/attachments
ElSection 2:Name,Mailing Address,and Location ❑ w/attachments
ElSection 3:SIC Codes ❑ w/attachments
ElSection 4:Operator Information ❑ w/attachments
ElSection 5: Indian Land ❑ w/attachments
ElSection 6: Existing Environmental Permits ❑ wl attachments
w/topographic
El Section 7:Map ❑ map ❑ w/additional attachments
cii
ElSection 8:Nature of Business ❑ w/attachments
El Section 9:Cooling Water Intake Structures ❑ w/attachments
c3 ❑ Section 10:Variance Requests ❑ w/attachments
-o
El Section 11:Checklist and Certification Statement ❑ w/attachments
11.2 Certification Statement
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision
in accordance with a system designed to assure that qualified personnel properly gather and evaluate the
information submitted.Based on my inquiry of the person or persons who manage the system,or those persons
directly responsible for gathering the information, the information submitted is,to the best of my knowledge and
belief,true,accurate,and complete.I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations.
Name(print or type first and last name) Official title
Derek Bouchard Environmental Manager
Signature Date signed
ig,24/2)2_ 6///2-3
EPA Form 3510-1(revised 3-19) Page 4

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
SECTION 6.EXISTING ENVIRONMENTAL PERMITS(40 CFR 122.21(f)(6))
@ 6.1 Existing Environmental Permits(check all that apply and print or type the corresponding permit number for each)
❑✓ NPDES(discharges to surface ❑ RCRA(hazardous wastes) El UIC(underground injection of
oti water) fluids)
.> NC0006564,NCG060030,Ni
+ a ❑ PSD(air emissions) ❑ Nonattainment program(CAA) ElNESHAPs(CAA)
CD
x ❑ Ocean dumping(MPRSA) ❑ Dredge or fill(CWA Section 404) ❑r Other(specify)
w
WQ0031725,WQ0010689,056
SECTION 7.MAP(40 CFR 122.21(f)(7))
7.1 Have you attached a topographic map containing all required information to this application?(See instructions for
specific requirements.)
❑r Yes El No ❑ CAFO—Not Applicable(See requirements in Form 2B.)
SECTION 8.NATURE OF BUSINESS(40 CFR 122.21(f)(8))
8.1 Describe the nature of your business.
Baxter Healthcare Corporation,North Cove Facility,manufactures sterile liquid solutions in flexible bags for
intravenous therapy and other medical procedures.
cn
ar
c
y
O
N
7
174
SECTION 9.COOLING WATER INTAKE STRUCTURES(40 CFR 122.21(f)(9))
9.1 Does your facility use cooling water?
❑� Yes 0 No 4 SKIP to Item 10.1.
9.2 Identify the source of cooling water.(Note that facilities that use a cooling water intake structure as described at
U
w 40 CFR 125,Subparts I and J may have additional application requirements at 40 CFR 122.21(r).Consult with your
o Y NPDES permitting authority to determine what specific information needs to be submitted and when.)
c .2 Treated non-contact cooling water and boiler feed water.
SECTION 10.VARIANCE REQUESTS(40 CFR 122.21(f)(10))
10.1 Do you intend to request or renew one or more of the variances authorized at 40 CFR 122.21(m)?(Check all that
apply.Consult with your NPDES permitting authority to determine what information needs to be submitted and
when.)
C 0 Fundamentally different factors(CWA ❑ Water quality related effluent limitations(CWA Section
Section 301(n)) 302(b)(2))
❑ Non-conventional pollutants(CWA ❑ Thermal discharges(CWA Section 316(a))
Section 301(c)and(g))
❑r Not applicable
EPA Form 3510-1(revised 3-19) Page 3

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
u d 2.5 Facility Location
45 . Street,route number,or other specific identifier
a � US Highway 221 at North Cove
co
c County name County code(if known)
McDowell
0
o
City or town State ZIP code
co Marion NC 28752
SECTION 3.SIC AND NAICS CODES(40 CFR 122.21(f)(3))
3.1 SIC Code(s) Description(optional)
2834 Pharmaceutical Preparations
to
o
O
O
U
co
V
z 3.2 NAICS Code(s) Description(optional)
U
SECTION 4.OPERATOR INFORMATION(40 CFR 122.21(f)(4))
4.1 Name of Operator
Baxter Healthcare Corporation
0 4.2 Is the name you listed in Item 4.1 also the owner?
D Yes ❑ No
4.3 Operator Status
� ❑ Public—federal ❑ Public—state ❑ Other public(specify)
0 Private 0 Other(specify)
4.4 Phone Number of Operator
[phone]
4.5 Operator Address
M Street or P.O.Box
; m 65 Pitts Station Road
o =
c City or town State ZIP code
`o o Marion NC 28752
w V
c Email address of operator
[e-mail]
SECTION 5.INDIAN LAND(40 CFR 122.21(f)(5))
5.1 Is the facility located on Indian Land?
co .13
c -I ❑Yes ❑r No
EPA Form 3510-1(revised 3-19) Page 2

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
Form U.S.Environmental Protection Agency
1 -.EPA Application for NPDES Permit to Discharge Wastewater
NPDES GENERAL INFORMATION
SECTION 1.ACTIVITIES REQUIRING AN NPDES PERMIT(40 CFR 122.21(f)and(f)(1))
1.1 Applicants Not Required to Submit Form 1
Is the facility a new or existing publicly owned Is the facility a new or existing treatment works
1.1.1 12
treatment works? 1. . treating domestic sewage?
If yes,STOP. Do NOT complete E No If yes,STOP.Do NOT 1=1 No
Form 1.Complete Form 2A. complete Form 1.Complete
Form 2S.
1.2 Applicants Required to Submit Form 1
1.2.1 Is the facility a concentrated animal feeding 1.2.2 Is the facility an existing manufacturing,
operation or a concentrated aquatic animal commercial,mining,or silvicultural facility that is
a production facility? currently discharging process wastewater?
oElYes 4 Complete Form 1 0 No 0 Yes 4 Complete Form D No
a.. and Form 2B. 1 and Form 2C.
= 1.2.3 Is the facility a new manufacturing,commercial, 1.2.4 Is the facility a new or existing manufacturing,
mining,or silvicultural facility that has not yet commercial,mining,or silvicultural facility that
commenced to discharge? discharges only nonprocess wastewater?
d Yes 4 Complete Form 1 E No ❑ Yes 4 Complete Form 2 No
ce and Form 2D. 1 and Form 2E.
1.2.5 Is the facility a new or existing facility whose
'— discharge is composed entirely of stormwater
associated with industrial activity or whose
discharge is composed of both stormwater and
non-stormwater?
Yes 4 Complete Form 1 No
and Form 2F
unless exempted by
40 CFR
122.26(b)(14)(x)or
b 15 .
SECTION 2.NAME,MAILING ADDRESS,AND LOCATION(40 CFR 122.21(f)(2))
2.1 Facility Name
Baxter Healthcare Corporation
`0 2.2 EPA Identification Number
NCD059140765
cc 2.3 Facility Contact
vi
Name(first and last) Title Phone number
Derek Bouchard Environmental Manager 828-756-6644
Email address
[e-mail]
d 2.4 Facility Mailing Address
Street or P.O.box
65 Pitts Station Road
City or town State ZIP code
Marion NC 28752
EPA Form 3510-1(revised 3-19) Page 1

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
Form U.S.Environmental Protection Agency
2C . EPA Application for NPDES Permit to Discharge Wastewater
NPDES EXISTING MANUFACTURING,COMMERCIAL,MINING,AND SILVICULTURE OPERATIONS
SECTION 1.OUTFALL LOCATION(40 CFR 122.21(g)(1))
1.1 Provide information on each of the facility's outfalls in the table below.
o Numbelr Receiving Water Name Latitude Longitude
U
O 001 North Fork Catawba 35° 50' 14" 81° 59' 55"
i0
0
SECTION 2.LINE DRAWING(40 CFR 122.21(g)(2))
Q, 2.1 Have you attached a line drawing to this application that shows the water flow through your facility with a water
•3 balance?(See instructions for drawing requirements.See Exhibit 2C-1 at end of instructions for example.)
J �
o ❑✓ Yes ❑ No
SECTION 3.AVERAGE FLOWS AND TREATMENT(40 CFR 122.21(g)(3))
3.1 For each outfall identified under Item 1.1,provide average flow and treatment information.Add additional sheets if
necessary.
"Outfall Number** 001
Operations Contributing to Flow
Operation Average Flow
Ground Water 1.422 mgd
Cooling Ponds 0.175 mgd
m
Boiler Feed Water 0.329 mgd
v
Sanitary Water 0.150 mgd
0 Treatment Units
Description Final Disposal of Solid or
(include size,flow rate through each treatment unit, Code from Liquid Wastes Other Than
retention time,etc.) Table 2C-1 by Discharge
Pre-Screening 1-0
Equalization(1.3 MG) N/A
Fine Screening(2,Rotary Drum Screens 1-0
Neutralization(pH Adjus,t) 2-K
EPA Form 3510-2C(Revised 3-19) Page 1

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
3.1 **Outfall Number** ool
cont. Operations Contributing to Flow
Operation Average Flow
Process Water 0.350 mgd
mgd
mgd
mgd
Treatment Units
Description Code from Final Disposal of Solid or
(include size,flow rate through each treatment unit, Table 2C-1 Liquid Wastes Other Than
retention time,etc.) by Discharge
Mixing(Nutrient Addition) 1-0
Activated Sludge(Bioreactor) 3-A
0
v
Multimedia Filter(MBR) 1-Q
E
Disinfection(UV) 2-H
"Outfall Number" 001
Operations Contributing to Flow
Operation Average Flow
Imgd
mgd
mgd
Treatment Units
Description Code from Final Disposal of Solid or
(include size,flow rate through each treatment unit, Table 2C 1 Liquid Wastes Other Than
retention time,etc.) by Discharge
Discharge to Surface Water 4-A
(Sludge)Aerobic Digester 5-A
(Sludge)Centrifuge 5-D
(Sludge)Land Application 5-P
3.2 Are you applying for an NPDES permit to operate a privately owned treatment works?
E ❑ Yes ElNo 4 SKIP to Section 4.
3.3 Have you attached a list that identifies each user of the treatment works?
❑ Yes El No
EPA Form 3510-2C(Revised 3-19) Page 2

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
SECTION 4.INTERMITTENT FLOWS(40 CFR 122.21(g)(4))
4.1 Except for storm runoff,leaks,or spills,are any discharges described in Sections 1 and 3 intermittent or seasonal?
❑ Yes E No 4 SKIP to Section 5.
4.2 Provide information on intermittent or seasonal flows for each applicable outfall.Attach additional pages,if necessary.
Outfall Operation Frec uency Flow Rate
Number (list) Average Average Long-Term Maximum Duration
Days/Week Months/Year Average Daily
days/week months/year mgd mgd days
c days/week months/year mgd mgd days
LL
days/week months/year mgd mgd days
o
P. days/week months/year mgd mgd days
ar
c
days/week months/year mgd mgd days
days/week months/year mgd mgd days
days/week months/year mgd mgd days
days/week months/year mgd mgd days
days/week months/year mgd mgd days
SECTION 5.PRODUCTION(40 CFR 122.21(g)(5))
5.1 Do any effluent limitation guidelines(ELGs)promulgated by EPA under Section 304 of the CWA apply to your facility?
ElYes ❑ No 4 SKIP to Section 6.
ca 5.2 Provide the following information on applicable ELGs.
w ELG Category ELG Subcategory Regulatory Citation
d
-0 Pharmaceutical Manufacturing Mixing/Compounding&Formulation 40 CFR 439,subpart D
to
V
Ti.— .
0.
a Plastics Molding&Forming Contact Cooling&Heating Water 40 CFR 463,subpart A
Secondary Treatment Regulation Secondary Treatment Standards 40 CFR 133
5.3 Are any of the applicable ELGs expressed in terms of production(or other measure of operation)?
. 0 Yes ❑✓ No 4 SKIP to Section 6.
0
R 5.4 Provide an actual measure of daily production expressed in terms and units of applicable ELGs.
zi Outfall Operation,Product,or Material Quantity per Day Unit of
-0 Number Measure
0
N
0
co
O
0
7
O
d
EPA Form 3510-2C(Revised 3-19) Page 3

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
SECTION 6.IMPROVEMENTS(40 CFR 122.21(g)(6))
6.1 Are you presently required by any federal,state,or local authority to meet an implementation schedule for constructing,
upgrading,or operating wastewater treatment equipment or practices or any other environmental programs that could
affect the discharges described in this application?
❑ Yes 0 No 4 SKIP to Item 6.3.
6.2 Briefly identify each applicable project in the table below.
Affected Final Compliance Dates
Brief Identification and Description of Outfalls Source(s)of
Project (list outfall Discharge Required Projected
c number)
E
c
CV
N
d
L
rn
Q
6.3 Have you attached sheets describing any additional water pollution control programs(or other environmental projects
that may affect your discharges)that you now have underway or planned?(optional item)
❑ Yes ❑ No ❑ Not applicable
SECTION 7.EFFLUENT AND INTAKE CHARACTERISTICS(40 CFR 122.21(g)(7))
See the instructions to determine the pollutants and parameters you are required to monitor and,in turn,the tables you must
complete.Not all applicants need to complete each table.
Table A.Conventional and Non-Conventional Pollutants
7.1 Are you requesting a waiver from your NPDES permitting authority for one or more of the Table A pollutants for any of
your outfalls?
ElYes ❑ No 4 SKIP to Item 7.3.
7.2 If yes,indicate the applicable outfalls below.Attach waiver request and other required information to the application.
Outfall Number 001 Outfall Number Outfall Number
en
7.3 Have you completed monitoring for all Table A pollutants at each of your outfalls for which a waiver has not been
y requested and attached the results to this application package?
No;a waiver has been requested from myNPDES
❑✓ Yes ❑ permitting authority for al4pollutants at all ouffalls.
Table B.Toxic Metals,Cyanide,Total Phenols,and Organic Toxic Pollutants
7.4 Do any of the facility's processes that contribute wastewater fall into one or more of the primary industry categories
co
listed in Exhibit 2C-3?(See end of instructions for exhibit.)
-o
❑ Yes ❑ No 4 SKIP to Item 7.8.
co
7.5 Have you checked'Testing Required"for all toxic metals,cyanide,and total phenols in Section 1 of Table B?
❑ Yes ❑ No
7.6 List the applicable primary industry categories and check the boxes indicating the required GC/MS fraction(s)identified
in Exhibit 2C-3.
Primary Industry Category Required GC/MS Fraction(s)
(Check applicable boxes.)
❑Volatile 0 Acid ❑Base/Neutral 0 Pesticide
❑Volatile ❑Acid ❑Base/Neutral 0 Pesticide
❑Volatile ❑Acid 0 Base/Neutral 0 Pesticide
EPA Form 3510-2C(Revised 3-19) Page 4

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
7.7 Have you checked"Testing Required"for all required pollutants in Sections 2 through 5 of Table B for each of the
GC/MS fractions checked in Item 7.6?
❑ Yes ❑ No
7.8 Have you checked"Believed Present"or"Believed Absent"for all pollutants listed in Sections 1 through 5 of Table B
where testing is not required?
❑ Yes ❑ No
7.9 Have you provided(1)quantitative data for those Section 1,Table B,pollutants for which you have indicated testing is
required or(2)quantitative data or other required information for those Section 1,Table B,pollutants that you have
indicated are"Believed Present"in your discharge?
❑ Yes ❑ No
7.10 Does the applicant qualify for a small business exemption under the criteria specified in the instructions?
❑ Yes 4 Note that you qualify at the top of Table B, ❑ No
then SKIP to Item 7.12.
s 7.11 Have you provided(1)quantitative data for those Sections 2 through 5,Table B,pollutants for which you have
c determined testing is required or(2)quantitative data or an explanation for those Sections 2 through 5,Table B,
. pollutants you have indicated are"Believed Present"in your discharge?
❑ Yes ❑ No
.; Table C.Certain Conventional and Non-Conventional Pollutants
7.12 Have you indicated whether pollutants are"Believed Present"or"Believed Absent"for all pollutants listed on Table C
t for all outfalls?
Y ❑ Yes ❑✓ No
c 7.13 Have you completed Table C by providing(1)quantitative data for those pollutants that are limited either directly or
indirectly in an ELG and/or(2)quantitative data or an explanation for those pollutants for which you have indicated
"Believed Present"?
❑✓ Yes ❑ No
Table D.Certain Hazardous Substances and Asbestos
7.14 Have you indicated whether pollutants are"Believed Present"or"Believed Absent"for all pollutants listed in Table D for
all outfalls?
El Yes ❑ No
7.15 Have you completed Table D by(1)describing the reasons the applicable pollutants are expected to be discharged
and(2) Y bprovidingquantitative data,if available?
❑ Yes ❑ No
Table E.2,3,7,8-Tetrachlorodibenzo-p-Dioxin(2,3,7,8-TCDD)
7.16 Does the facility use or manufacture one or more of the 2,3,7,8-TCDD congeners listed in the instructions,or do you
know or have reason to believe that TCDD is or may be present in the effluent?
El Yes 4 Complete Table E. ❑ No 4 SKIP to Section 8.
7.17 Have you completed Table E by reporting qualitative data for TCDD?
❑ Yes ❑ No
SECTION 8.USED OR MANUFACTURED TOXICS(40 CFR 122.21(g)(9))
8.1 Is any pollutant listed in Table B a substance or a component of a substance used or manufactured at your facility as
an intermediate or final product or byproduct?
❑ Yes ❑r No 4 SKIP to Section 9.
w H 8.2 List the pollutants below.
12 1. 4. 7.
0
2. 5. 8.
VJ
3. 6. 9.
EPA Form 3510-2C(Revised 3-19) Page 5

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
SECTION 9.BIOLOGICAL TOXICITY TESTS(40 CFR 122.21(g)(11))
9.1 Do you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made
within the last three years on(1)any of your discharges or(2)on a receiving water in relation to your discharge?
y ❑ Yes ❑ No 4 SKIP to Section 10.
9.2 Identify the tests and their purposes below.
Submitted to NPDES
'5 Test(s) Purpose of Test(s) Date Submitted
Permitting Authority?
0
❑ Yes ❑ No
0
0
m ❑ Yes ❑ No
❑ Yes ❑ No
SECTION 10.CONTRACT ANALYSES(40 CFR 122.21(g)(12))
10.1 Were any of the analyses reported in Section 7 performed by a contract laboratory or consulting firm?
❑✓ Yes ❑ No 4 SKIP to Section 11.
10.2 Provide information for each contract laboratory or consulting firm below.
Laboratory Number 1 Laboratory Number 2 Laboratory Number 3
Name of laboratory/firm Pace Analytical Environmental Testing Water Quality Lab and
Solutions Operations,Inc.
a>
;, Laboratory address 9800 Kincey Ave.Suite 100 PO Box 7565 PO Box 1167
Huntersville,NC 28078 Asheville,NC 28802 Banner Elk,NC 28604
0 Phone number
[phone] [phone] [phone]
Pollutant(s)analyzed Oil and Grease,Ammonia, Aquatic
q atic Toxicity Biological Oxygen Demand
Total Nitrogen,Total
Phosphorus,Priority
Pollutants
SECTION 11.ADDITIONAL INFORMATION(40 CFR 122.21(g)(13))
11.1 Has the NPDES permitting authority requested additional information?
❑r Yes IDNo SKIP to Section 12.
0
E 11.2 List the information requested and attach it to this application.
0
0
1 CAP Schedule Modification Request-Attachment 1 4
0
-0 2. 5.
3. 6.
EPA Form 3510-2C(Revised 3-19) Page 6

EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation OMB No.2040-0004
SECTION 12.CHECKLIST AND CERTIFICATION STATEMENT(40 CFR 122.22(a)and(d))
12.1 In Column 1 below,mark the sections of Form 2C that you have completed and are submitting with your application.
For each section,specify in Column 2 any attachments that you are enclosing to alert the permitting authority.Note
that not all applicants are required to complete all sections or provide attachments.
Column 1 Column 2
✓❑ Section 1:Outfall Location 0 w/attachments
❑✓ Section 2:Line Drawing ✓❑ w/line drawing ❑ w/additional attachments
Section 3:Average Flows and w/list of each user of
❑� El wl attachments El privately owned treatment
Treatment
works
El Section 4:Intermittent Flows ❑ w/attachments
❑✓ Section 5:Production ❑ wl attachments
w/optional additional
❑ Section 6:Improvements ❑ w/attachments ❑ sheets describing any
additional pollution control
plans
❑ w/request for a waiver and ❑ w/explanation for identical
supporting information outfalls
d w/small business exemption w/other attachments
d ❑ request ❑
Section 7:Effluent and Intake
`n .171
Characteristics Elw/Table A ❑ w/Table B
0
✓❑ w/Table C ❑ wl Table D
❑ w/analytical results as an
❑ w/Table E attachment
❑ Section 8:Used or Manufactured ❑ w/attachments
Toxics
❑ Section 9:Biological Toxicity El wl attachments
Tests
U
El Section 10:Contract Analyses ❑ w/attachments
✓❑ Section 11:Additional Information ❑✓ w/attachments
0
Section 12:Checklist and ❑ w/attachments
Certification Statement
12.2 Certification Statement
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gather and evaluate the information
submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly
responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,
accurate,and complete.I am aware that there are significant penalties for submitting false information,including the
possibility of fine and imprisonment for knowing violations.
Name(print or type first and last name) Official title
Derek Bouchard Environmental Manager
Signature Date signed
oge/AA612 (0 ///)-
EPA Form 3510-2C(Revised 3-19) Page 7

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE A.CONVENTIONAL AND NON CONVENTIONAL POLLUTANTS(40 CFR 122.21(g)(7)(iii))1
Effluent Intake
Waiver (Optional)
able
Pollutant Requested Units Maximum Maximum Long-Term
(ifapulicste (specify) Daily Monthly Average Daily Number of Long-Term Number of
Discharge Discharge Discharge Analyses Average Value Analyses
(required) (if available) (if available)
❑ Check here if you have applied to your NPDES permitting authority for a waiver for all of the pollutants listed on this table for the noted outfall.
Biochemical oxygen demand Concentration mg/L 16.99 4.56 1.68 679
1' ❑
(BODs) Mass lb 124.66 38.69 19.36 679
Chemical oxygen demand Concentration mg/L 14.96 5.84 3.89 679
2' ❑
(COD) Mass lb 154.69 46.60 38.82 679
Concentration mg/L NA NA NA NA
3. Total organic carbon(TOC) ❑
Mass lb NA NA NA NA
Concentration mg/L 6.8 2.78 1.81 679
4. Total suspended solids(TSS) ❑
Mass lb 68.75 21.86 10.40 679
Concentration mg/L 3.9 2.01 0.14 104
5. Ammonia(as N) ❑
Mass lb 34.80 17.03 1.10 104
6. Flow ❑ Rate MGD 1.54 1.11 0.94 1580
Temperature(winter) ❑ °C °C 31.3 27.8 - 476
7.
Temperature(summer) ❑ °C °C 35 30.44 - 203
pH(minimum) ❑ Standard units S.U. 6.4 - - 679
8.
pH(maximum) ❑ Standard units S.U. 7.7 - - 679
1 Sampling shall be conducted according to sufficiently sensitive test procedures(i.e.,methods)approved under 40 CFR 136 for the analysis of pollutants or pollutant parameters or
required under 40 CFR chapter I,subchapter N or 0.See instructions and 40 CFR 122.21(e)(3).
EPA Form 3510-2C(Revised 3-19) Page 9

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EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence
(check one) Effluent Intake
(optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long- Number
Present Absent Daily Monthly Daily of Term of
D(required) (if available)ischarge Discharge Discharge Analyses AverageValue Analyses
(if available)
❑ Check here if you qualify as a small business per the instructions to Form 2C and,therefore,do not need to submit quantitative data for any of the organic toxic pollutants in Sections
2 through 5 of this table.Note,however,that you must still indicate in the appropriate column of this table if you believe any of the pollutants listed are present in your discharge.
Section 1.Toxic Metals,Cyanide,and Total Phenols
Antimony,total Concentration
1.1 (7440-36-0) Mass
Arsenic,total Concentration
1.2 (7440-38-2) El El El Mass
1.3 Beryllium,total Concentration
0 El(7440-41-7) Mass
Cadmium,total Concentration
1.4 (7440-43-9) 0 0 El Mass
1.5 Chromium,total Concentration
0 El El
(7440-47-3) Mass
1.6 Copper,total Concentration
0 El El
(7440-50-8) Mass
Lead,total Concentration
1.7 (7439-92-1) 0 Mass
Mercury,total Concentration
1.8 (7439-97-6) Mass
Nickel,total Concentration
1'9 (7440-02-0) 0 0 El
Selenium,total Concentration
1.10 0 El El
(7782 49 2)
Mass
1.11 Silver,total Concentration
(7440-22-4) Mass
EPA Form 3510-2C(Revised 3-19) Page 11

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence Intake
(check one) Effluent (optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long- Number
Present Absent Daily Monthly Daily of Term of
Discharge Discharge Discharge Analyses Average Analyses
(required) (if available) Value
(if available)
1.12 Thallium,total Concentration
(7440-28-0) Mass
1.13 Zinc,total Concentration
(7440-66-6) Mass
1.14 Cyanide,total Concentration
IEI El El
(57-12-5) Mass
1.15 Phenols,total 0 0 0
Concentration
Mass
Section 2.Organic Toxic Pollutants(GC/MS Fraction—Volatile Compounds)
Acrolein Concentration
2.1 (107-02-8) Mass
Acrylonitrile Concentration
2.2 (107-13-1) 0 ❑ ❑ Mass
2.3 Benzene Concentration
0 0 0
(71-43-2) Mass
2.4 Bromoform Concentration
0 0 0
(75-25-2) Mass
2.5 Carbon tetrachloride 0 Concentration
(56-23-5) Mass
Chlorobenzene Concentration
2.6 (108-90-7) Mass
Chlorodibromomethane Concentration
2.7 (124-48-1) Mass
Chloroethane Concentration
2.8 (75-00-3) Mass
EPA Form 3510-2C(Revised 3-19) Page 12

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence Intake
(check one) Effluent (optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long-
Number
Present Absent Daily Monthly Daily of Term of
(required)
rech�Discharge Discharge
e Discharge Analyses AverageValue Analyses
( q ) ( available) (if available)
2-chloroethylvinyl ether Concentration
2'9 (110-75-8) Mass
2.10 Chloroform(67-66-3) El 0 Concentration
Mass - - - --
2.11 Dichlorobromomethane Concentration
0 El
(75-27-4) Mass
2.12 1,1-dichloroethane 0 Concentration
(75-34-3) Mass
2.13 1,2-dichloroethane 0 Concentration
El El
(107-06-2) Mass
2.14 11-dichloroethylene 0 0 Concentration
(75-35-4) Mass
2.15 1,2-dichloropropane � Concentration
El
(78-87-5) Mass
2.16 13-dichloropropylene � Concentration
(542-75-6) Mass
217 Ethylbenzene Concentration
0 0 0
(100-41-4) Mass
2.18 Methyl bromide Concentration
(74-83-9) Mass
2.19 Methyl chloride Concentration
0 0 0
(74-87-3) Mass _
2.20 Methylene chloride ElConcentration
(75-09-2) Mass
2.21 1 1,2 2-tetrachloroethane Concentration
(79-34-5) Mass
EPA Form 3510-2C(Revised 3-19) Page 13

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence Intake
(check one) Effluent
(optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long- Number
Present Absent Daily Monthly Daily of Term of
Discharge Discharge Discharge Analyses Average Analyses
(required) (if available) Value
(if available)
2.22 Tetrachloroethylene 0 0 Concentration
(127-18-4) Mass
2.23 Toluene Concentration
El 0 El
(108-88-3) Mass
1,2-trans-dichloroethylene Concentration
2.24 (156-60-5) Mass
2.25 1,1,1-trichloroethane Concentration
0 0 0
(71-55-6) Mass
2.26 1 1,2-trichloroethane Concentration
0 0 0
(79-00-5) Mass
2.27 Trichloroethylene 0 0 Concentration
(79-01-6) Mass
2.28 Vinyl chloride Concentration
El El 0
(75-01-4) Mass
Section 3.Organic Toxic Pollutants(GC/MS Fraction—Acid Compounds)
3.1 2-chlorophenol El ❑ 0 Concentration
(95-57-8) Mass
2,4-dichlorophenol Concentration
3.2 (120-83-2) Mass
2,4-dimethylphenol Concentration
3.3 (105-67-9) El 0 0
Mass
3.4 4,6-dinitro-o-cresol Concentration
0 0 0
(534-52-1) Mass
3.5 2,4-dinitrophenol ❑ 0 ❑ Concentration
(51-28-5) Mass
EPA Form 3510-2C(Revised 3-19) Page 14

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence Intake
(check one) Effluent (optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long- Number
Present Absent Daily Monthly Daily of Term of
Discharge Discharge Discharge Analyses AValuee Analyses
(required) (if available)
(if available)
3.6 2-nitrophenol Concentration
(88-75-5) Mass
4-nitrophenol Concentration
3.7 (100-02-7) Mass
3.8 p-chloro-m-cresol Concentration
(59-50-7) Mass
3.9 Pentachlorophenol ❑ ❑ Concentration
(87-86-5) Mass
Phenol Concentration
3.10 (108-95-2) El ❑ El
Mass
3.11 2,4,6-trichlorophenol Concentration
ID 1=1 El
(88-05-2) Mass
Section 4.Organic Toxic Pollutants(GC/MS Fraction—Base/Neutral Compounds)
4.1 Acenaphthene 0 0 Concentration
(83-32-9) Mass
Acenaphthylene Concentration
4.2 (208-96-8) Mass
Anthracene Concentration
4.3 (120-12-7) El El ElMass
4.4 Benzidine Concentration
El I=1 El
(92-87-5) Mass
4.5 Benzo(a)anthracene El ❑ Concentration
(56-55-3) Mass
Benzo(a)pyrene Concentration
I 4.6 1=1 El El
(50-32-8) Mass
EPA Form 3510-2C(Revised 3-19) Page 15

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence Intake
(check one) Effluent (optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long- Number
Present Absent Daily Monthly Daily of Term of
Discharge Discharge Discharge Analyses Average Analyses
(required) (if available) Value
(if available)
4.7 3,4-benzofluoranthene ❑ Concentration
El 1:1
(205-99-2) Mass
Benzo(ghi)perylene o Concentration
4.8 El 1:1
(191-24-2) Mass
Benzo(k)fluoranthene 0 Concentration
4.9 El El
(207-08-9) Mass
4.10 Bis(2-chloroethoxy)methane El Concentration
(111-91-1) Mass
4.11 Bis(2-chloroethyl)ether ❑ ❑ Concentration
1=1(111-44-4) Mass
4.12 Bis(2-chloroisopropyl)ether ❑ ❑ Concentration
(102-80-1) Mass
Bis(2-ethylhexyl)phthalate 0 Concentration
4.13 El 1:1
(117-81-7) Mass
4-bromophenyl phenyl ether 0 Concentration
4.14 (101-55-3) Mass
4.15 Butyl benzyl phthalate 0 Concentration
1:1 ID
(85-68-7) Mass
4.16 2-chloronaphthalene ❑ Concentration
1=1 El
(91-58-7) Mass
4-chlorophenyl phenyl ether o Concentration
4.17 (7005 72 3) ❑ ❑
Mass
4.18 Chrysene 0 Concentration
(218-01-9) Mass
4.19 Dibenzo(a,h)anthracene ❑ Concentration
El El
(53-70-3) Mass
EPA Form 3510-2C(Revised 3-19) Page 16

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))l
Presence or Absence
(check one) Effluent Intake
(optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long- Number
Present Absent Daily Monthly Daily of Term of
Discharge req ired Discharge
ova labllee) Discharge Analyses Average
Analyses
(if available)
4.20 1,2-dichlorobenzene ❑ Concentration
El El
(95-50-1) Mass
4.21 1,3-dichlorobenzene ❑ El0 Concentration
(541-73-1) Mass
4.22 1 4-dichlorobenzene 0 Concentration
(106-46-7) Mass
4.23 3,3-dichlorobenzidine ❑ El Concentration
(91-94-1) Mass
4.24 Diethyl phthalate 0 Concentration
0 El
(84-66-2) Mass
4.25 Dimethyl phthalate ❑ El Concentration
(131-11-3) Mass
4.26 Di-n-butyl phthalate ❑ ❑ 0 Concentration
(84-74-2) Mass
4.27 2,4-dinitrotoluene ❑ ❑ ❑ Concentration
(121-14-2) Mass
2,6-dinitrotoluene 0 Concentration
4.28 (606-20-2) Mass
4.29 Di-n-octyl phthalate CI El Concentration
(117-84-0) Mass
1,2-Diphenylhydrazine Concentration
4.30 El El
(as azobenzene)(122-66-7) Mass
4.31 Fluoranthene 0 Concentration
El El
(206-44-0) Mass
4.32 Fluorene 0 Concentration
El El
(86-73-7) Mass
EPA Form 3510-2C(Revised 3-19) Page 17

EPA identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence Intake
(check one) Effluent
(optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long- Number
Present Absent Daily Monthly Daily of Term of
(regh�g a Discharge
d) favailable) Discharge Analyses AValuee Analyses
(if available)
4.33 Hexachlorobenzene Concentration
(118-74-1) Mass
4.34 Hexachlorobutadiene Concentration
(87-68-3) Mass
4.35 Hexachlorocyclopentadiene ❑ ❑ Concentration
(77-47-4) Mass
4.36 Hexachloroethane Concentration
0 0 0
(67-72-1) Mass
4.37 Indeno(1,2,3-cd)pyrene 0 0 Concentration
(193-39-5) Mass
4.38 Isophorone 0 0 ElConcentration
(78-59-1) Mass
4.39 Naphthalene Concentration
0 0 0
(91-20-3) Mass
4.40 Nitrobenzene Concentration
0 0 0
(98-95-3) Mass
4.41 N-nitrosodimethylamine ❑ ❑ Concentration
(62-75-9) Mass
4.42 N-nitrosodi-n-propylamine 0 0 Concentration
(621-64-7) Mass
4.43 N-nitrosodiphenylamine ❑ 0 Concentration
(86-30-6) Mass
4.44 Phenanthrene Concentration
(85-01-8) Mass
Pyrene Concentration
4.45 0 0 0
(129-00-0) Mass
EPA Form 3510-2C(Revised 3-19) Page 18

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence
(check one) Effluent Intake
(optional)
Pollutant/Parameter Testing Units Maximum Maximum Long-Term Long-
(and CAS Number,if available) Required Believed Believed (specify) Number
Daily Monthly Average Number Term
Present Absent Daily of of
Discharge (ifavalablle) Discharge ischarge Analyses Value
Analyses
(required) ( ) (if available)
4.46 1,2,4-trichlorobenzene 0 ❑ ❑ Concentration
(120-82-1) Mass
Section 5.Organic Toxic Pollutants(GCIMS Fraction—Pesticides)
5.1 Aldrin 0
❑ ❑ Concentration
(309-00-2) Mass
a-BHC Concentration
5.2 (319-84-6) ❑ 0 0 Mass
Q-BHC Concentration
5.3 (319-85-7) ❑ ❑ ❑ Mass
y-BHC Concentration
5.4 (58 89 9) El El Mass
b-BHC Concentration
5.5 (319-86-8) El El ❑ Mass
5.6 Chlordane El ❑ ❑ Concentration
(57-74-9) Mass
5.7 4,4'-DDT ❑ ❑ ❑ Concentration
(50-29-3) Mass
5.8 4,4'-DDE El ❑ ❑ Concentration
(72-55-9) Mass
5.9 4,4'-DDD ID ❑ 0 Concentration
(72-54-8) Mass
Dieldrin Concentration
5.10 (60-57-1) ❑ ❑ 0
Mass
5.11 a-endosulfan 0
0
0 Concentration
(115-29-7) Mass
EPA Form 3510-2C(Revised 3-19) Page 19

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence Intake
(check one) Effluent (optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long- Number
Present Absent Daily Monthly Daily of Term of
(regh�g a (ifavailabllee) De i A
scharge Analyses Value Analyses
(if available)
5.12 p-endosulfan ❑ ❑ ❑ Concentration
(115-29-7) Mass
Endosulfan sulfate Concentration
5.13 (1031-07-8) ❑ El 0 Mass
Endrin Concentration
5.14 (72 20 8) ❑ 0 El
Endrin aldehyde Concentration
5.15 ❑ ❑ ❑(7421-93-4) Mass
5.16 Heptachlor ❑ ❑ ❑ Concentration
(76-44-8) Mass
Heptachlor epoxide Concentration
5.17 (1024-57-3) 0 0 0
Mass
PCB-1242 Concentration
5.18 (53469-21-9) ❑ ❑ ❑
Mass
PCB-1254 Concentration
5.19 (11097-69-1) 0 0 0
Mass
PCB-1221 Concentration
5.20 (11104-28-2) ❑ ❑ 0
Mass
PCB-1232 Concentration
5.21 (11141-16-5) 0 ❑ ❑ Mass
PCB-1248 Concentration
5.22 (12672-29-6) 0 ❑ ❑
Mass
PCB-1260 Concentration
5.23 (11096-82-5) ❑ 0 0
Mass
PCB-1016 Concentration
5.24 (12674-11-2) ❑ ❑ ❑
Mass
EPA Form 3510-2C(Revised 3-19) Page 20

EPA Identification Number NPDES Permit Number Facility Name Duffel'Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE B.TOXIC METALS,CYANIDE,TOTAL PHENOLS,AND ORGANIC TOXIC POLLUTANTS(40 CFR 122.21(g)(7)(v))1
Presence or Absence
(check one) Effluent Intake
(optional)
Pollutant/Parameter Testing Units Long-Term
(and CAS Number,if available) Required Believed Believed (specify) Maximum Maximum Average Number Long- Number
Present Absent Daily Monthly Daily of Term of
Discharge Discharge Discharge Analyses Average Analyses
(required) (if available) (if available) Value
Toxaphene Concentration
5.25 (8001-35-2) ❑ ❑ ❑
Mass
1 Sampling shall be conducted according to sufficiently sensitive test procedures(i.e.,methods)approved under 40 CFR 136 for the analysis of pollutants or pollutant parameters or
required under 40 CFR chapter I,subchapter N or 0.See instructions and 40 CFR 122.21(e)(3).
EPA Form 3510-2C(Revised 3-19) Page 21

This page intentionally left blank.

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE C.CERTAIN CONVENTIONAL AND NON CONVENTIONAL POLLUTANTS(40 CFR 122.21(g)(7)(vi))1
Presence or Absence
(check one) Effluent Intake
(Optional)
Pollutant Units Maximum Long-Term
Believed Believed (specify) Maximum Daily Long-Term
Present Absent Discharge Monthly Average Daily Number of Average Number of
Discharge Discharge Analyses Analyses
(required) Value
(if available) (if available)
❑ Check here if you believe all pollutants on Table C to be present in your discharge from the noted ouffall.You need not complete the"Presence or Absence"column of Table C for
each pollutant.
❑
Check here if you believe all pollutants on Table C to be absent in your discharge from the noted outfall.You need not complete the"Presence or Absence"column of Table C for
each pollutant.
1 Bromide ❑ 0 Concentration
(24959-67-9) Mass
Chlorine,total Concentration
2' residual 0 0 Mass
Concentration
3. Color ❑ 0 Mass
Concentration ri/1oomL <1 <1 - 679
4. Fecal coliform El 0 Mass 679
5 Fluoride ❑ 0
Concentration
(16984-48-8) Mass
6 Nitrate-nitrite El Concentration
Mass
Nitrogen,total Concentration mg/L 23.4 23.4 - 52
7' organic(as N) ❑ ❑ Mass lb 189.30 189.30 - 52
Concentration mg/L 10.19 6.00 - 226
8. Oil and grease 0 0
Mass lb 84.99 55.39 - 226
Phosphorus(as Concentration mg/L 5.5 5.5 - 52
9. P),total(7723-14-0) CI 0 Mass lb 17.89 17.89 - 52
10. Sulfate(as SO4) ❑ ❑ Concentration
(14808-79-8) Mass
11. Sulfide(as S) 0 0 Concentration
Mass
EPA Form 3510-2C(Revised 3-19) Page 23

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE C.CERTAIN CONVENTIONAL AND NON CONVENTIONAL POLLUTANTS(40 CFR 122.21(g)(7)(vi))'
Presence or Absence
(check one) Effluent Intake
(Optional)
Pollutant Units Maximum Long-Term
Believed Believed (specify) Maximum Daily Long-Term
Present Absent Discharge Monthly Average Daily Number of Average Number of
Discharge Discharge Analyses Analyses
(required) Value
(if available) (if available)
12. Sulfite(as S03) ❑ ❑ Concentration
(14265-45-3) Mass
Concentration
13. Surfactants ❑ ❑ Mass
Aluminum,total Concentration
(7429-90-5) Mass
15. Barium,total ❑ ❑ Concentration
(7440-39-3) Mass
16. Boron,total 0 0 Concentration
(744042-8) Mass
Cobalt,total Concentration
17. (744o4a�) CI 0
Mass
18 Iron,total ❑ ❑ Concentration
(7439-89-6) Mass
19 Magnesium,total ❑ ❑ Concentration
(7439-95-4) Mass
Molybdenum, Concentration
20. total ❑ ❑ Mass
(7439-98-7)
21. Manganese,total ❑ ❑ Concentration
(7439-96-5) Mass
22. Tin,total ❑ 0 Concentration
(7440-31-5) Mass
23. Titanium,total ❑ ❑ Concentration
(7440-32-6) Mass
EPA Form 3510-2C(Revised 3-19) Page 24

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation ' 001 OMB No.2040-0004
TABLE C.CERTAIN CONVENTIONAL AND NON CONVENTIONAL POLLUTANTS(40 CFR 122.21(g)(7)(vi))1
' Presence or Absence Intake
(check one) Effluent (Optional)
Pollutant Units Maximum Long-Term
Believed Believed (specify) Maximum DailyLong-Term
Present Absent Discharge Monthly Average Daily Number of Average Number of
Discharge Discharge Analyses Analyses
(required) Value
(if available) (if available)
24. Radioactivity
Concentration
Alpha,total ❑ ❑ Mass -
Concentration
Beta,total ❑ ❑ Mass
Concentration
Radium,total 0 0 Mass
Concentration
Radium 226,total ❑ ❑ Mass
1 Sampling shall be conducted according to sufficiently sensitive test procedures(i.e.,methods)approved under 40 CFR 136 for the analysis of pollutants or pollutant parameters or
required under 40 CFR chapter I,subchapter N or 0.See instructions and 40 CFR 122.21(e)(3).
EPA Form 3510-2C(Revised 3-19) Page 25

This page intentionally left blank.

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE D.CERTAIN HAZARDOUS SUBSTANCES AND ASBESTOS(40 CFR 122.21(g)(7)(vii))1
Presence or Absence
Pollutant (check one) Reason Pollutant Believed Present in Discharge Available Quantitative Data
Believed Believed (specify units)
Present Absent
1. Asbestos ❑ 0
2. Acetaldehyde 0 0
3. Allyl alcohol 0 ❑
4. Allyl chloride 0 0
5. Amyl acetate 0 ❑
6. Aniline 0 0
7. Benzonitrile 0 0
8. Benzyl chloride ❑ ❑
9. Butyl acetate ❑ 0
10. Butylamine 0 ❑
11. Captan 0 ❑
12. Carbaryl 0 ❑
13. Carbofuran 0 ❑
14. Carbon disulfide 0 0
15. Chlorpyrifos 0 0
16. Coumaphos 0 ❑
17. Cresol ❑ ❑
18. Crotonaldehyde 0 0
19. Cyclohexane 0 0
EPA Form 3510-2C(Revised 3-19) Page 27

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE D.CERTAIN HAZARDOUS SUBSTANCES AND ASBESTOS(40 CFR 12221(g)(7)(vii))1
Presence or Absence
Pollutant (check one) Available Quantitative Data
Believed Believed Reason Pollutant Believed Present in Discharge (specify units)
Present Absent
20. 2,4-D(2,4-dichlorophenoxyacetic acid) ❑ ❑
21. Diazinon ❑ 0
22. Dicamba ❑ 0
23. Dichlobenil 0 ❑
24. Dichlone 0 ❑
25. 2,2-dichloropropionic acid ❑ ❑
26. Dichlorvos 0 ❑
27. Diethyl amine 0 ❑
28. Dimethyl amine 0 0
29. Dintrobenzene 0 0
30. Diquat 0 0
31. Disulfoton 0 0
32. Diuron 0 0
33. Epichlorohydrin 0 0
34. Ethion 0 0
35. Ethylene diamine 0 0
36. Ethylene dibromide 0 0
37. Formaldehyde 0 0
38. Furfural 0 0
EPA Form 3510-2C(Revised 3-19) Page 28

EPA Identification Number NPDES Permit Number I Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 I Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE D.CERTAIN HAZARDOUS SUBSTANCES AND ASBESTOS(40 CFR 122.21(g)(7)(vii))1
Presence or Absence
Pollutant (check one) Reason Pollutant Believed Present in Discharge Available Quantitative Data
Believed Believed (specify units)
Present Absent
39. Guthion 0 ❑
40. Isoprene ❑ ❑
41. Isopropanolamine ❑ ❑
42. Kelthane ❑ ❑
43. Kepone ❑ ❑
44. Malathion ❑ ❑
45. Mercaptodimethur ❑ El
46. Methoxychlor ❑ ❑
47. Methyl mercaptan ❑ ❑
48. Methyl methacrylate ❑ ❑
49. Methyl parathion ❑ ❑
50. Mevinphos ❑ 0
51. Mexacarbate ❑ ❑
52. Monoethyl amine ❑ ❑
53. Monomethyl amine ❑ ❑
54. Naled 0 ❑
55. Naphthenic acid ❑ 0
56. Nitrotoluene ❑ 0
57. Parathion ❑ 0
EPA Form 3510-2C(Revised 3-19) Page 29

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE D.CERTAIN HAZARDOUS SUBSTANCES AND ASBESTOS(40 CFR 12221(g)(7)(vii))1
Presence or Absence
Pollutant (check one) Available Quantitative Data
Believed Believed Reason Pollutant Believed Present in Discharge
(specify units)
Present Absent
58. Phenolsulfonate ❑ ❑
59. Phosgene ❑ ❑
60. Propargite ❑ 0
61. Propylene oxide 0 0
62. Pyrethrins ❑ 0
63. Quinoline ❑ 0
64. Resorcinol 0 0
65. Strontium 0 0
66. Strychnine 0 ❑
67. Styrene 0 0
68. 2,4 5-T(2,4,5-trichlorophenoxyacetic ❑ 0
acid)
69. TDE(tetrachlorodiphenyl ethane) 0 ❑
70. 2,4,5-TP[2-(2,4,5-trichlorophenoxy) ❑ ❑
propanoic acid]
71. Trichlorofon 0 0
72. Triethanolamine 0 0
73. Triethylamine 0 0
74. Trimethylamine 0 ❑
75. Uranium 0 0
76. Vanadium 0 0
EPA Form 3510-2C(Revised 3-19) Page 30

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03/05/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE D.CERTAIN HAZARDOUS SUBSTANCES AND ASBESTOS(40 CFR 122.21(g)(7)(vii))1
Presence or Absence
Pollutant (check one) Available Quantitative Data
Believed Believed Reason Pollutant Believed Present in Discharge (specify units)
Present Absent
77. Vinyl acetate ❑ ❑
78. Xylene ❑ ❑
79. Xylenol ❑ ❑
80. Zirconium ❑ ❑
1 Sampling shall be conducted according to sufficiently sensitive test procedures(i.e.,methods)approved under 40 CFR 136 for the analysis of pollutants or pollutant parameters or
required under 40 CFR chapter I,subchapter N or 0.See instructions and 40 CFR 122.21(e)(3).
EPA Form 3510-2C(Revised 3-19) Page 31

This page intentionally left blank.

EPA Identification Number NPDES Permit Number Facility Name Outfall Number Form Approved 03105/19
NCD059140765 NC0006564 Baxter Healthcare Corporation 001 OMB No.2040-0004
TABLE E.2,3,7,8 TETRACHLORODIBENZO P DIOXIN(2,3,7,8 TCDD)(40 CFR 122.21(g)(7)(viii))
TCDD Presence or
Congeners Absence
Pollutant Used or (check one) Results of Screening Procedure
Manufactured Believed Believed
Present Absent
2,3,7,8-TCDD ❑ 0
EPA Form 3510-2C(Revised 3-19) Page 33

Attachments
Attachment A: Topographic Map
Attachment B: Process Flow Diagram
Attachment C: Treatment Facility Processes& Equipment
Attachment D: Current NPDES Permit: NC0006564, Baxter Healthcare Corp. WWTP
Attachment E: Fact Sheet NPDES Permit: NC0006564

Attachment A
Topographic Map

82 2'0"W 82 1 0"W 82'0'0"W 81'59'0"W 81 58'0"W
snf toy Eli*,
35'51'0"N—
—35 51'0"N
7.
North Fork
WWTP Catawba River
th fork Gatau6a i ,
ilk
Baxter Healthcare Corp. 001
35°50'0"N— _MOttk.h Branch
35'50'0"N
'
I
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1'
35-49'0"N.. - -
35'49'0"N
stack Fmk
Service Layer Credits-Sources.Esri,HERE,Garmin,Intermap,increment P Corp.,GEBCO,USGS,FAO,
NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan,METI,Esri China(Hong Kong),
swisstopo,©OpenStreetMap contributors,and the GIS User Community
I i I I I
82'2'0"W 82-1'0"W 82°0'0"W 81°59'0"W 81°58'0"W
N Exhibit#
Legend 0 2,50O 5,000 Topographic Map
7-1
Site Boundary A i I Baxter Healthcare Facility
Feet Marion, NC

Attachment B
Process Flow Diagram

WELL WELL WELL NORTH COVE WATER VALUE STREAM
1 3 5
Updated:07/01/2019
90 GPM 150 GPM 650 GPM
WELL WELL WELL /" - '\ / \ ry
9 11 12 Ueionized Water 1 Distilled Water Q
Product
—_� 82E 600 1 350
650 GPM 650 GPM 650 GPM J \ I , /
Ir DW Auxiliary(ERR, \
/ N Flush,Rinse,Waste}
CFT Backwash-34
Cation Reger..-25 Blo:v do::os-7C, '250 J
RAW WATER Anion Regen.- 25 Silo Cuno:- 10
1.442
Sterilization(SCW I ` 1 -137 ►
Extruder Troughs t
► 86 ,/ \
-' Extruder Return
Recirculation J/
79
Cooling Tower 1
NEUTRALIZATION
TANK
► cnnona T,,,,,,7 R a
EVAPORATION
Cooling Tc::er 9 65
V.
Cooling Tower 10&11
► SPRAY PONDS f—
t-Doling Tower 12 V
Water Softeners I ` WWTP
Influent-745
1,- Boiler fad,.atei
i ► Ponds-175
// 1129
O \ Pcrable I..... N
Condensate Return
• IS Ln
131
CO' ` EFFLUENT TO RIVER N
Sar�ta ry I'Uome :ic
15o m
, 920 0
f 4
0
Alt units in gallons per minute(GPM). N

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Attachment C
Treatment Facility Processes & Equipment

Treatment Facility Equipment, by Process 1.
Component Quantity/Description
Equalization
Screening 3; Inclined
Tanks 2; 1.3 MG capacity total
Pumps 2 duty, 2 standby
Surface Aerators 4 total(2 per EQ tank)
Primary Treatment
Screens 1 duty, 1 stand-by; Rotary Drum,fine
pH Adjustment Tank 1; dose and mix Sodium Hydroxide
Mix Tank 1; mix Influent and RAS
Primary Blowers 1 duty, 1 stand-by; mix the pH and Mix Tanks
Secondary Treatment
Bioreactor 3; aeration basins 0.54 MG capacity total
Diffusers Fine Bubble
Bioreactor Blowers 3 duty, 1 standby
Membrane Tanks 3,MBR
Permeate Pumps 3 duty, 1 shelf-spare
Membrane Blowers 3 duty, 1 standby
RAS 3 duty, 2 standby
Disinfection
Ultraviolet 2 banks in series
Solids Treatment
Aerobic Digesters 2; 0.43 MG capacity total
Digester Blowers 2 duty, 1 standby
Dewatered Sludge Pumps 1 duty, 1 standby
Dewatering 1; Centrifuge
Chemical Systems
Baxter Healthcare Corp.
NPDES Permit Modification Application
Attachment C

Sodium Hypochlorite , 2 duty dosing pumps, 1 bulk container;for
MBR cleaning cycle
Citric Acid 1 duty dosing pump, 1 bulk container;for
MBR cleaning cycle
Phosphoric Acid 1 duty, 1 standby dosing pump, 1 bulk
container;for pH adjustment
Urea 1 duty, 1 standby dosing pump, 1 bulk
container; supplemental nutrients
Sodium Hydroxide 1 duty, 1 standby dosing pump, 1 bulk
container;for pH adjustment
Antifoam 3 duty dosing pumps, 2 bulk containers; foam
control in EQ and pH Adjustment Tank
1. Source of Baxter Healthcare Corp WWTP process and equipment information is the Marion WWTP Upgrade
Basis of Design Report,Arcadis 2015
Baxter Healthcare Corp.
NPDES Permit Modification Application
Attachment C

Attachment D
Current NPDES Permit NC0006564, Baxter Healthcare Corp. WWTP

DocuSign Envelope ID 48F96D1D-97D2-4DEB-AF5D-5C92ED59E9E2
4-4 STATF 46 ROY COOPER
Governor
ELIZABETH S.RISER ,a .
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
October 17,2022
Mr. Stephen Gouge, Environmental Health& Safety Superintendent
Baxter Healthcare Corporation
65 Pitts Station Road
Marion,North Carolina 28752
Subject: Final NPDES Major Modification
Permit NC0006564
Baxter Healthcare Corp. WWTP
McDowell County
Grade III Biological WPCS
SIC Code 2834
Dear Mr. Gouge:
Division personnel have reviewed and approved your application for major modification of the
subject permit. Accordingly,we are forwarding the attached NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between North Carolina, and the U.S. Environmental Protection
Agency dated October 15,2007 (or as subsequently amended).
The following changes were made to the draft permit sent to you on August 29,2022:
• Minor language update to clarify the temperature requirements in footnote 8,section A.(1.).
The final permit maintains the following significant changes identified in the letter sent on
August 29,2022:
• The monitoring for BOD5, COD, TSS to was reduced to weekly based on EPA's Interim
Guidance for Performance-Based Reductions of NPDES Permit Monitoring Frequencies
(1996) [See A. (1.)].
• The monitoring for Ammonia was reduced to once per two months based on EPA's Interim
Guidance for Performance-Based Reductions of NPDES Permit Monitoring Frequencies
(1996) [See A. (1.)].
• The monitoring for Fecal coliform was reduced to weekly based on EPA's Interim
Guidance for Performance-Based Reductions of NPDES Permit Monitoring Frequencies
(1996) [See A. (1.)].
• The monitoring for Turbidity was reduced to weekly based on EPA's Interim Guidance for
Performance-Based Reductions of NPDES Permit Monitoring Frequencies(1996) [See A.
(1.)].
N of Quality I rc
512orth NorthCaro SalisburylinaDepartment Street 11617 Mail ServiceEnvironmental Center Raleigh.Division NorthofWater CarolinaResou 2769es9 1617
919.7079000

DocuSign Envelope ID.48F96D1 D-97D2-4DEB-AF5D-5C92ED59E9E2
• The Ammonia's daily maximum limit for winter months was removed based on the
Division's policy [See A. (1.)].
• Language has been modified in Footnotes 8,9 and 10 to include special conditions [See A.
(1.)].
• Schedule of Compliance for Temperature in outfall 001 and instream. Compliance with the
15A NCAC 02B 0211(18) and .0219 shall be no later than March 1, 2026. [See Special
Condition A. (3.)].
• A provision has been added to the Turbidity Monitoring, the Permittee can apply for a
major modification after providing 12 months of turbidity monitoring data [See Special
Condition A. (4.)].
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this decision shall be final and binding.
The NPDES standard conditions (Parts II, III, and IV)are the same as in your current permit
except that agency and division names have been updated. The latest version is available at
https://bit.ly/3k5NFaL and can be viewed online or downloaded as a PDF file.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Water
Resources or any other Federal, State, or Local governmental regulations.
If you have questions concerning this draft permit,please call me at(919) 707-3704 or by email
at [e-mail].
Sincerely,
DocuSipned by:
LO_ovo Vow btuA,
47 56E81
for Richard E. Rogers Jr., Director
Division of Water Resources,NCDEQ
Hardcopy: NPDES Files
Central Files
Ecopy: US EPA Region 4
DWR/Asheville Regional Office/Water Quality/Tim Heim
DWR/Operator Certification Program/Maureen Kinney
DWR/Aquatic Toxicology Branch/Cindy Moore
Todd Bell, President, Lake James Environmental Association ([e-mail])
Brandon Jones,Catawba Riverkeeper([e-mail])
Patrick Hunter, SELC, ([e-mail])
Page 2 of 2

DocuSign Envelope ID:48F96D1D-97D2-4DEB-AF5D-5C92ED59E9E2
Baxter Healthcare Corp NC0006564
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1,other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission,and the Federal Water Pollution Control Act,as amended,
Baxter Healthcare Corporation
is hereby authorized to discharge wastewater from a facility located at
Baxter Healthcare Corporation
U.S. Highway 221
At North Cove
McDowell County
to receiving Basinwaters designated as North Fork Catawba River in the Catawba River Basin in
accordance with effluent limitations,monitoring requirements, and other applicable conditions set
forth in Parts I,II, III and IV hereof.
This permit shall become effective November 1,2022.
This permit and authorization to discharge shall expire at midnight on October 31,2027.
Signed this day October 17,2022.
�DocuSigned by:
bIN� �bW�tu,
67287E66E01M0D...
for Richard E. Rogers r.,Director
J
Division of Water Resources
By Authority of the Environmental Management
Commission
Page 1 of 10

DocuSign Envelope ID:48F96D1D-97D2-4DEB-AF5D-5C92ED59E9E2
Baxter Healthcare Corp NC0006564
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby revoked.As of this
permit issuance,any previously issued permit bearing this number is no longer effective.Therefore,the exclusive
authority to operate and discharge from this facility arises under the permit conditions,requirements,terms,and
provisions included herein.
Baxter Healthcare Corporation is hereby authorized to:
1. Continue operation of a 1.2 MGD wastewater treatment system,consisting of:
• Equalization
• Neutralization
• Nutrient addition
• Membrane tanks
• Aeration basin
• Aerobic digestion
• UV disinfection
For a facility located at the Baxter Healthcare Corporation, US Highway 221 at North Cove,
McDowell County,
2. Discharge treated wastewater from said treatment works via Outfall 001,at the location
specified on the attached map into the North Fork Catawba River,currently classified B-
Trout waters in subbasin 03-08-30 [HUC: 03050101] of the Catawba River Basin.
Page 2 of 10

DocuSign Envelope ID:48F96D1D-97D2-4DEB-AF5D-5C92E059E9E2
Baxter Healthcare Corp NC0006564
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0400 et seq.]
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
[15A NCAC 08G .0302] Grade III Biological Water Pollution Control System
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is
authorized to discharge treated non-contact cooling water,boiler feed water,process wastewater, and
sanitary wastewater from outfall 001. Such discharges shall he limited and monitored' by the Permittee as
specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER
Parameter Code Monthly Average Daily Maximum Measurement Sample Sample
Frequency Type Locations
Flow 50050 1.2 MGD Continuous Recording I or E
BOD5(20°C)2 QD310 460.9 pounds/day 691.4 pounds/day Weekly Composite I and E
CODS 00340 1,292.8 pounds/day 1,939.2 pounds/day Weekly Composite I and E
Total Suspended Solids QD530 278.0 pounds/day 417.0 pounds/day Weekly Composite E
Ammonia(NH3 as N)(conc) C0610 5.3 mg/L 26.4 mg/L Once/2 Months Composite E
(April 1 -October 31)
Ammonia(NH3 as N)(conc)
(November 1—March 31) C0610 14.7 mg/L Once/2 Months Composite E
Fecal Coliform 31616 200/100 mL 400/100 mL Weekly Grab E
(geometric mean)
Total Residual Chlorine' 50060 28 pg/L 3/Week Grab E
Dissolved Oxygen 00300 Monitor and Report 3/Week Grab E
Temperature, °C8 00010 Monitor and Report 3/Week Grab E
Conductivity 00094 Monitor and Report 3/Week Grab E
Turbidity, NTU10 10 Weekly Grab E
Oil and Grease 00556 47.7 pounds/day 95.4 pounds/day 2/Month Grab E
pH 00400 Between 6.0 and 9.0 standard units 3/Week Grab E
Temperature, °C7.8 00010 Monitor and Report 3/Week Grab U and D
Total Nitrogen, mg/L C0600 Monitor and Report Monthly Composite E
Total Phosphorus, mg/L C0665 Monitor and Report Monthly Composite E
Fecal Coliform' 31616 Monitor and Report 3/Week Grab U and D
(geometric mean)
Conductivity' 00094 Monitor and Report 3/Week Grab U and D
Dissolved Oxygen' 00300 Monitor and Report 3/Week Grab U and D
Total Hardness 00900 Monitor and Report Quarterly Composite E
[as CaCO3 mg/L]
Total Hardness
[as CaCO3 mg/L6] 00900 Monitor and Report Quarterly Grab U
Chronic Toxicity' TGP3B See Note 5 Quarterly Composite E
Footnotes:
1. Sample Locations: E—Effluent. U-Upstream:at least 100 feet upstream from the outfall.D-Downstream at
NCSR 1552.
2. The monthly average effluent BOD;concentration shall not exceed the respective influent value multiplied by 0.3
per 40 CFR 439.12(a).
3. The monthly average effluent COD concentration shall not exceed the respective influent value multiplied by 0.572
per 40 CFR 439.12(d).
Page 3 of 10

DocuSign Envelope ID:48F9601D-97D2-4DEB-AF5D-5C92ED59E9E2
Baxter Healthcare Corp NC0006564
4. Chlorine limit and monitoring requirements apply only if chlorine is used.The facility shall report all effluent TRC
values reported by a NC certified laboratory including field certified.However,effluent values below 50 µg/L will be
treated as zero for compliance purposes.
5. Chronic Toxicity(Ceriodaphnia)at 16%:Feb,May,Aug,Nov(see A.(2.)).
6. The Permittee shall sample instream hardness,upstream of the facility's discharge.The sample shall be
representative of the hardness in the receiving stream.If the Permittee is a member of the Monitoring Coalition
Program,sampling for instream hardness may be waived as long as the Monitoring Coalition agrees to sample
hardness at the nearest upstream location,at a minimum frequency of quarterly,and the Permittee has obtained
approval from DWR-NPDES Permitting Unit that the upstream station being monitored by the Coalition is
representative of the receiving stream for this discharge.The Permittee is responsible for submitting instream
hardness test results with its permit renewal application package.If Coalition membership is cancelled or the
Coalition terminates instream hardness sampling at the approved station,the Permittee will immediately notify the
Division and resume sampling for instream hardness,upstream of its discharge.
7. Sample collected three times per week during June 1 through September 30 and once per week October 1 through
May 31.
8. By March 1,2026,the facility shall not exceed the instream water temperature of 20°C and not exceed 0.5°C above
the background temperature.If the instream temperature exceeds 20°C upstream of the facility,the discharge will
not be considered out of compliance with this permit limit based on the maximum regulatory limit of 20°C
provided that it does not increase the background temperature. Please see Special Condition A.(3.)for compliance
schedule.
9. Starting on December 21,2016,begin submitting Discharge Monitoring Reports electronically using NC DWR's
eDMR application system. Please See Special Condition A. (5.).
10. Please see condition A. (4.).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 4 of 10

DocuSign Envelope ID:48F96D1 D-97D2-4DEB-AF5D-5C92ED59E9E2
Baxter Healthcare Corp NC0006564
A. (2.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly)
[15A NCAC 02B .0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality
to Ceriodaphnia dubia at an effluent concentration of 16.0%.
The permit holder shall perform at a minimum,quarterly monitoring using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised December 2010,or subsequent
versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-December
2010)or subsequent versions.The tests will be performed during the months of February,May,August,
and November.These months signify the first month of each three-month toxicity testing quarter assigned
to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and
shall be performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below
the permit limit,then multiple-concentration testing shall be performed at a minimum,in each of
the two following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity
Test Procedure"(Revised-December 2010)or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form(MR-1) for the months in which tests were performed,using the parameter code TGP3B
for the pass/fail results and THP3B for the Chronic Value.Additionally,DWR Form AT-3 (original)is to be
sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Or,results can be sent to the email, [e-mail].
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days
after the end of the reporting period for which the report is made.
Test data shall be complete,accurate,include all supporting chemical/physical measurements and all
concentration/response data,and be certified by laboratory supervisor and ORC or approved designate
signature.Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is
employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required,the permittee will complete the information located at the top of the aquatic toxicity(AT) test form
indicating the facility name,permit number,pipe number,county,and the month/year of the report with the
notation of"No Flow"in the comment area of the form.The report shall be submitted to the Water Sciences
Section at the address cited above.
Should the Permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will
be required during the following month. Assessment of toxicity compliance is based on the toxicity testing
quarter,which is the three-month time interval that begins on the first day of the month in which toxicity
testing is required by this permit and continues until the final day of the third month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Resources indicate potential impacts to the receiving stream,this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
NOTE:Failure to achieve test conditions as specified in the cited document,such as minimum control
organism survival,minimum control organism reproduction,and appropriate environmental controls,shall
constitute an invalid test and will require immediate follow-up testing to be completed no later than the last
day of the month following the month of the initial monitoring.
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A. (3.) SCHEDULE OF COMPLIANCE TEMPERATURE OUTFALL 001 AND
INSTREAM [G.S. 143-215.1(b)]
1. Effective no later than May 1,2023,the Permittee shall submit to the Division of Water Resources a
temperature study analyzing the impacts of each wastestream on the facility's effluent temperature
under diverse operating and ambient conditions,and characterizing the impacts of the facility's
effluent on receiving stream temperature under diverse operating and ambient conditions.
2. Within four months of completion of the temperature study and no later than September 1,2023,
the Permittee shall submit to the Division,a Corrective Action Plan (CAP) for approval that
summarizes the actions to be taken to achieve compliance with 15A NCAC 02B 0211(18)and.0219.
The time to compliance shall be no longer than two years and six months from the date of
submission of the CAP.The CAP shall include,at a minimum,a summary of the options analyzed,a
detailed analysis of the Permittee's preferred alternative,including preliminary design engineering and
a schedule for procurement of funds and/or approvals,construction,and necessary operation
changes.The CAP shall propose a schedule for completion of critical milestones until compliance is
achieved.The Division will provide comments and direction,if deemed necessary,within ninety(90)
days of CAP submittal.If no such direction is provided,the CAP shall be considered approved.
3. Effective no later than September 1,2024, the Permittee shall submit a progress report to the
Division summarizing the actions taken in accordance with CAP and schedule,including
procurements,construction,installation,or other measures.
4. Effective no later than September 1,2025,the Permittee shall submit a progress report to the
Division summarizing the actions taken in accordance with CAP and schedule,including
procurements,construction,installation,or other measures.
5. Effective no later than March 1,2026,the Permittee shall achieve compliance with temperature
limits specified in condition A. (1.)
In addition to steps 1 through 5,upon approval of the CAP by the Division,the milestones outlined in the
CAP become an enforceable part of the permit.Any modification to the schedule for these milestones must
be requested to the Division at least ninety(90)days before scheduled deadline.Modifications more than four
(4)months or more than one 4-month modification request to the schedule will be subject to public notice.
The CAP and reports shall include the owner's name,NPDES permit number and Permittee contact person,
and shall be submitted to:
(1)NC Division of Water Resources (2)NCDEQ,Division of Water Resources
NPDES industrial permitting unit Asheville Regional Office
1617 Mail Service Center 2090 U.S.70 Highway
Raleigh,NC 27699-1617 Swannanoa,NC 28778
Force Majeure:Any noncompliance with the schedule specified in condition A. (3.) shall not be considered a
permit violation if the Permittee satisfies DEQ that noncompliance was caused solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party,but this defense shall not be available if the act or
omission is that of an employee or agent of Baxter or if the act or omission occurs in connection with a
contractual relationship with Baxter;
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Baxter Healthcare Corp NC0006564
d. An extraordinary event beyond the Baxter's control,specifically including any court order staying the
effectiveness of any necessary permit or approval. Contractor delays or failure to obtain funding will not be
considered as events beyond Baxter's control;or
e. Any combination of the above causes.
A. (4.)TURBIDITY MONITORING [G.S. 143-215.1(b)]
Permittee can apply for a major modification after providing 12 months of turbidity monitoring data,
requesting for reduction of turbidity monitoring frequency or its elimination.The request may be approved if
the facility demonstrates a consistent turbidity measurement below 10 NTU in its effluent.
A. (5.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs)and program
reports and specify that,if a state does not establish a system to receive such submittals,then permittees must
n reports electronically to the Environmental Protection Agency(EPA).The final
submit monitoring data and eport g y(E )
NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015.
NOTE:This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)]
Effective December 21,2016,the permittee shall report discharge monitoring data electronically using
the NC DWR's Electronic Discharge Monitoring Report(eDMR)internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR.The eDMR system allows permitted facilities to enter monitoring
data and submit DMRs electronically using the internet.Until such time that the state's eDMR
application is compliant with EPA's Cross-Media Electronic Reporting Regulation(CROMERR),
permittees will be required to submit all discharge monitoring data to the state electronically using eDMR
and will be required to complete the eDMR submission by printing,signing,and submitting one signed
original and a copy of the computer printed eDMR to the following address:
NC DENR/ Division of Water Resources / Water Quality Permitting Section
A I ENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If a Permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being
physically located in an area where less than 10 percent of the households have broadband access,then a
temporary waiver from the NPDES electronic reporting requirements may be granted and discharge
monitoring data may be submitted on paper DMR forms (MR 1, 1.1,2,3)or alternative forms approved by
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the Director. Duplicate signed copies shall be submitted to the mailing address above. See"How to Request
a Waiver from Electronic Reporting"section below.
Regardless of the submission method,the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility,on the last day of the month following the
commencement of discharge.
Starting on December 21,2025,the Permittee must electronically report the following compliance
monitoring data and reports,when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports;and
• Clean Water Act(CWA) Section 316(b) Annual Reports.
NPDES Electronic Reporting Rule—Phase 2 Extension.EPA extended the Phase 2 deadline from
December 21,2020,to December 21,2025.The current compliance date will be extended if the
implementation date is extended as a final regulation change in the federal register.
The Permittee may seek an electronic reporting waiver from the Division(see"How to Request a Waiver
from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9),the Permittee must identify the initial recipient at the time of each
electronic submission. The Permittee should use the EPA's website resources to identify the initial recipient
for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity(EPA or
the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving
electronic NPDES data[see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type
of electronic submission and for each state. Instructions on how to access and use the appropriate electronic
reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at:
lhttps://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-
elimination-system-n pd e s-e1 ectr<)ni c-reporting-rule
Electronic submissions must start by the dates listed in the"Reporting Requirements"section above.
3. How to Request a Waiver from Electronic Reporting
The Permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic
reporting waiver,a Permittee must first submit an electronic reporting waiver request to the Division.
Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written
approval at least sixty(60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and
shall thereupon expire. At such time,monitoring data and reports shall be submitted electronically to the
Division unless the Permittee re-applies for and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only Permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the Division for the period that
the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on the
following web page:
http://cleq.nc.gov/aboutldivisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.)
(d)]
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,Section
B. (11.)(a) or by a duly authorized representative of that person as described in Part II,Section B. (11.)(b). A
person,and not a position,must be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions,the person signing and submitting the DMR must obtain an eDMR user account
and login credentials to access the eDMR system. For more information on North Carolina's eDMR system,
registering for eDMR and obtaining an eDMR user account,please visit the following weh page:
http://deq.nc.gpv/about/divisions/water-resources/edmr
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Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under no,direction or supervision in
accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the sj'stem, or those persons directly responsible for gathering the
information, the information submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that
there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing
violations."
5. Records Retention [Supplements Section D. (6.)]
The Permittee shall retain records of all Discharge Monitoring Reports,including eDMR submissions. These
records or copies shall be maintained for a period of at least 3 years from the date of the report. This period
may be extended by request of the Director at any time [40 CFR 122.41].
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A. (6.) Nutrient Re-opener
[G.S. 143-215.1].
Pursuant to N.C. General Statutes section 143-215.1 and the implementing rules found in North Carolina
Administrative Code at 15A NCAC 2H.0112 (b) (1) and 2H.0114(a),the Director may reopen this permit to
require supplemental nutrient monitoring of the discharge.The purpose of additional monitoring will be to
support water quality modeling efforts within the Catawba River Basin and shall be consistent with a
monitoring plan developed jointly by the Division and affected stakeholders. In addition,the results of water
quality modeling may require that limits for total nitrogen and total phosphorous be imposed in this permit
upon renewal.
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Draft Fact Sheet
NPDES Permit No. NC0006564
Permit Writer/Email Contact Amirhossein Adaryani,Amir.Adaryani(uncdenr.gov:
Date: July 13,2022
Division/Branch:NC Division of Water Resources/NPDES Complex Permitting
Fact Sheet Template: Version 09Jan2017
Permitting Action:
❑ Renewal
El Renewal with Expansion
❑ New Discharge
l 1 Modification(Fact Sheet should be tailored to mod request)
1. Basic Facility Information
Facility Information
Applicant/Facility Name: Baxter Healthcare Corporation
Applicant Address: 65 Pitts Station Rd, Marion,NC 28752
Facility Address: US Highway 221 at North Cove, Marion, NC 28752
Permitted Flow: 1.2 MGD
Facility Type/Waste: 50%domestic/50% industrial
Facility Class: Class 3
Treatment Units: Non-contact Cooling Water, Boiler Feed Water,Process Water .d
Sanitary Wastewater
Pretreatment Program(Y/N) N
County: McDowel
Region Asheville
Briefly describe the proposed permitting action and facility background:
NPDES permitting history
The Baxter Corporation requires a National Pollutant Discharge Elimination System (NPDES) discharge
permit to dispose of treated non-contact cooling water,boiler feed water,process wastewater, and sanitary
wastewater through surface water discharge. The facility manufactures sterile liquid solutions in flexible
bags for medical procedures. Baxter Corporation's NPDES permit expired January 31, 2020; the permit
renewed to be effective on April 15, 2022. The permit was adjudicated by the permittee and a major
modification application submitted to the Division on June 21,2022.
The source of the wastewater is non-contact cooling water, boiler feed water, process water, and sanitary
wastewater. The facility upgraded its wastewater treatment system and relocated the outfall (001) 550 ft.
upstream to accommodate the upgrade.
After treatment,wastewater is discharged through outfall 001 into the North Fork Catawba River,which is
classified B-Trout Waters, in the Catawba River Basin.
In 1995, the Division of Water Resources issued an Authorization to Construct that permitted the
construction of a new outfall into the North Fork Catawba River 3.2 miles upstream of the confluence with
Armstrong Creek. Prior to 1996, Baxter Healthcare and American Threads discharged through outfalls
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constructed at the same location in the North Fork Catawba River(0.2 miles downstream of the confluence
with Armstrong Creek).
STREAM CONDITIONS
Baxter Healthcare discharges into the North Fork Catawba River,3.2 miles upstream of the confluence with
Armstrong Creek.In 1994,DWR modeled the North Fork Catawba River from Baxter Corporation's outfall
to Lake James. The model included the interactions of Baxter's discharge with American Threads (no
longer exists).The North Fork Catawba River changes classification at the confluence of Armstrong Creek
and North Fork Catawba River. The upstream classification is B —Tr and the downstream classification is
C. The model was based on the BOD load of 1321 (daily max) and 880 (monthly average). The current
load is substantially lower.
The model indicated that dissolved oxygen concentrations from the outfall to the confluence with
Armstrong Creek did not fall below the state standard of 6.0 mg/L for trout waters. The lowest predicted
value in this reach did not fall below 7.0 mg/L.
Current permitting actions:
In major modification the facility asked for the following items:
- Compliance schedule for temperature
- Reduction in monitoring to weekly and reassessment of turbidity monitoring after one year
- Reduction in monitoring to weekly in accordance with EPA's 1996 interim guidance for NH3-N,
BOD, COD,TSS, FC
- Removing of NH3-N winter limit
Turbidity monitoring and a footnote to effluent temperature monitoring was added, per 15A NCAC 02B
.0211(18)and(21),and.0219,the temperature for trout waters shall not be increased more than 0.5°C due
to the discharge of heated liquids, not exceed 20°C when the upstream temperature is less than 20°C and
not cause the instream temperature to increase when upstream temperature is greater than 20°C.
Special condition A. (3.) added for temperature compliance schedule and condition A. (4.) added for
turbidity monitoring.
2. Receiving Waterbody Information:
Receiving Waterbody Information
Outfalls/Receiving Stream(s): Outfall 001 North Fork Catawba River
Stream Segment: 11-24-(2.5)
Stream Classification: B,Tr
Drainage Area(mi2): 31.5
Summer 7Q10(cfs) 10.2
Winter 7Q10(cfs): 15.2
30Q2 (cfs):
•
Average Flow(cfs): 63
IWC (%effluent): 16
303(d)listed/parameter: No
Subject to TMDL/parameter: Yes-Statewide Mercury TMDL implementation.
Basin/Sub-basin/HUC: North Fork Catawba River/03-08-30/03050I01
USGS Topo Quad: D l OSE
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3. Effluent Data Summary
Effluent data for Outfall 001 is summarized below for the period of November 2017 to November 2021.
Table.Effluent Data Summary Outfall 001
Parameter Units Average Max Min Permit
Limit
Flow MGD 0.94 1.54 0.19 MA 1.2
BOD5,20°C lbs/day 19.39 124.66 <3.21 MA 460.9
DM 691.4
MA 1,292.8
COD lbs/day 38.71 154.69 <8.02 DM 1,939.2
Total Suspended Solids lbs/day 9.26 68.75 <1.6 MA 278
DM 417
Fecal Coliform #/100mL MA 200
DM400
DM 28.0
Total Residual Chlorine4 µg/I limits only apply if chlorine is used <50
compliance)
Temperature ° C 25.92 35 9.3 Monitor
3/week
Conductivity µS/cm 1,283.14 2,397 419 Monitor
3/week
Dissolved Oxygen, mg/1 7.C4 12.2 5.7 Monitor
3/week
pH SU -- 7.6 6.4 6.0>pHS
9.0
Oil&Grease lbs/day 39.90 84.99 <8.02 MA 47.7
DM 95.4
N1-13-N mg/1 0.15 3.1 <01 Monitor
2/month
Total Nitrogen Monitor
(NO2+NO3+TKN) mg/1 7.40 23.4 0.85 1/month
Total Phosphorus mg/1 1.63 5.5 0.09 Monitor
1/month
Chronic Toxicity pass/fail Monitor
1/quarter
MA-Monthly Average,WA-Weekly Average,DM-Daily Maximum,DA=Daily Average
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4. Instream Data Summary
Instream monitoring may be required in certain situations,for example: 1)to verify model predictions when
model results for instream DO are within 1 mg/I of instream standard at full permitted flow; 2) to verify
model predictions for outfall diffuser; 3) to provide data for future TMDL; 4) based on other instream
concerns.Instream monitoring may be conducted by the Permittee,and there are also Monitoring Coalitions
established in several basins that conduct instream sampling for the Permittee (in which case instream
monitoring is waived in the permit as long as coalition membership is maintained).
If applicable,summarize any instream data and what instream monitoring will be proposed for this permit
action:The current permit requires instream monitoring for dissolved oxygen,temperature, fecal coliforrn,
and conductivity for Class B, Trout Waters, per 15A NCAC 02B .0200. Review of instream data for the
past four years is summarized below.
Location Temperature(°C)
Avg Max \iin
Upstream 15.84 23.8 `)
Downstream 16.51 24.3 0
There were differences in temperatures upstream and downstream reported which could violate standard
15A NCAC 02B .0211(18), which requires that the temperature for trout waters shall not be increased by
more than 0.5 °C above the background temperature, not exceed 20 °C and not cause the instream
temperature to increase when upstream temperature is greater than 20°C. Footnote will be added to the
effluent temperature monitoring limit in the permit.
Is this facility a member of a Monitoring Coalition with waived instream monitoring(Y/N):No
Name of Monitoring Coalition:NA
5. Compliance Summary
Summarize the compliance record with permit effluent limits (past 5 years): The facility reported no limit
violations.
Summarize the compliance record with aquatic toxicity test limits and any second species test results(past
5 years): The facility passed 16 of 16 quarterly chronic toxicity tests between August 2018 and May 2022.
Summarize the results from the most recent compliance inspection: The last facility inspection conducted
December 28,2021, reported that the facility was well maintained and operated.
6. Water Quality-Based Effluent Limitations (WQBELs)
Dilution and Mixing Zones
In accordance with 15A NCAC 2B.0206, the following streamflows are used for dilution considerations
for development of WQBELs: 1 Q 10 streamflow(acute Aquatic Life); 7Q10 streamflow(chronic Aquatic
Life; non-carcinogen HH); 30Q2 streamflow(aesthetics);annual average flow(carcinogen,HH).
If applicable, describe any other dilution factors considered(e.g., based on CORMIX model results):NA
If applicable, describe any mixing zones established in accordance with 15A NCAC 2B.0204(b):NA
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Oxygen-Consuming Waste Limitations
Limitations for oxygen-consuming waste (e.g., BOD) are generally based on water quality modeling to
ensure protection of the instream dissolved oxygen (DO) water quality standard. Secondary TBEL limits
(e.g., BOD= 30 mg/1 for Municipals) may be appropriate if deemed more stringent based on dilution and
model results.
If permit limits are more stringent than TBELs, describe how limits were developed: NA
Ammonia and Total Residual Chlorine Limitations
Limitations for ammonia are based on protection of aquatic life utilizing an ammonia chronic criterion of
1.0 mg/I(summer)and 1.8 mg/1(winter). Acute ammonia limits are derived from chronic criteria,utilizing
a multiplication factor of 3 for Municipals and a multiplication factor of 5 for Non-Municipals.
Limitations for Total Residual Chlorine (TRC) are based on the NC water quality standard for protection
of aquatic life (17 ug/1) and capped at 28 ug/1 (acute impacts). Due to analytical issues, all TRC values
reported below 50 ug/1 are considered compliant with their permit limit.
Describe any proposed changes to ammonia and/or TRC limits for this permit renewal:N/A
Reasonable Potential Analysis(RPA)for Toxicants
The need for toxicant limits is based upon a demonstration of reasonable potential to exceed water quality
standards, a statistical evaluation that is conducted during every permit renewal utilizing the most recent
effluent data for each outfall. The RPA is conducted in accordance with 40 CFR 122.44 (d) (i). The NC
RPA procedure utilizes the following: 1) 95% Confidence Level/95% Probability; 2) assumption of zero
background; 3) use of '/2 detection limit for "less than" values; and 4) streamflows used for dilution
consideration based on 15A NCAC 2B.0206. Effective April 6, 2016, NC began implementation of
dissolved metals criteria in the RPA process in accordance with guidance titled NPDES Implementation of
Instream Dissolved Metals Standards, dated June 10,2016.
A reasonable potential analysis was conducted on effluent toxicant data collected between November 2017
and November 2021.Pollutants of concern included toxicants with positive detections and associated water
quality standards/criteria. Based on this analysis, the following permitting actions are proposed for this
permit:
• Effluent Limit with Monitoring. The following parameters will receive a water quality-based
effluent limit(WQBEL)since they demonstrated a reasonable potential to exceed applicable water
quality standards/criteria: None
• Monitoring Only. The following parameters will receive a monitor-only requirement since they
did not demonstrate reasonable potential to exceed applicable water quality standards/criteria,but
the maximum predicted concentration was>50%of the allowable concentration:None
• No Limit or Monitoring: The following parameters will not receive a limit or monitoring, since
they did not demonstrate reasonable potential to exceed applicable water quality standards/criteria
and the maximum predicted concentration was<50%of the allowable concentration: None
Toxicity Testing Limitations
Permit limits and monitoring requirements for Whole Effluent Toxicity (WET) have been established in
accordance with Division guidance (per WET Memo, 8/2/1999). Per WET guidance, all NPDES permits
issued to Major facilities or any facility discharging "complex"wastewater(contains anything other than
domestic waste)will contain appropriate WET limits and monitoring requirements,with several exceptions.
The State has received prior EPA approval to use an Alternative WET Test Procedure in NPDES permits,
using single concentration screening tests,with multiple dilution follow-up upon a test failure.
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Describe proposed toxicity test requirement: The current permit requires quarterly chronic toxicity testing
at 16%using Ceriodaphnia dubia. No changes are proposed.
Mercury Statewide TMDL Evaluation
There is a statewide TMDL for mercury approved by EPA in 2012. The TMDL target was to comply with
EPA's mercury fish tissue criteria (0.3 mg/kg) for human health protection. The TMDL established a
wasteload allocation for point sources of 37 kg/year (81 lb/year) and is applicable to municipals and
industrial facilities with known mercury discharges. Given the small contribution of mercury from point
sources(-2%of total load),the TMDL emphasizes mercury minimization plans(MMPs) for point source
control.Municipal facilities>2 MGD and discharging quantifiable levels of mercury(>1 ng/l)will receive
an MMP requirement. Industrials are evaluated on a case-by-case basis, depending on if mercury is a
pollutant of concern. Effluent limits may also be added if annual average effluent concentrations exceed
the WQBEL value(based on the NC WQS of 12 ng/l)and/or if any individual value exceeds a TBEL value
of 47 ng/1
Describe proposed permit actions based on mercury evaluation:The current permit does not include limits
or monitoring requirements.Mercury is not expected to be present in effluent,no MMP or limit is required.
No changes are proposed.
Other TMDL/Nutrient Management Strategy Considerations
If applicable, describe any other TMDLs/Nutrient Management Strategies and their implementation within
this permit:The facility is currently required to monitor TN and TP monthly, no changes are proposed.
Other WQBEL Considerations
If applicable, describe any other parameters of concern evaluated for WQBELs: NA
If applicable, describe any special actions (HQW or ORW) this receiving stream and classification shall
comply with in order to protect the designated waterbody:NA
If applicable, describe any compliance schedules proposed for this permit renewal in accordance with 15A
NCAC 2H0107(c)(2)(B), 40CFR 122.47, and EPA May 2007 Memo:
Compliance schedule for temperature: 10 years eDMR of data have been evaluated for effluent,and 6 years
of available data for instream monitoring.Since June 2016(establishment of instream monitoring),the daily
average effluent temperature is 23.2°C,with a maximum of 35 °C.Both may be higher than allowed limits.
The permittee has requested five years to evaluate alternatives, design, construct and make operational
changes to meet outfall 001 and instream temperature criteria. The Division determination is that three
years and six months would be adequate. Therefore, a special condition will be added for the permittee to
conduct evaluation and to submit for approval a Corrective Action Plan (CAP) no later than September I,
2023. The approved CAP will include actions to be completed by defined dates with compliance no later
than two years and six months from submission of the CAP.The steps listed in special condition,the actions
and deadlines listed in the approved CAP will be considered enforceable parts of the permit.
If applicable, describe any water quality standards variances proposed in accordance with NCGS 143-
215.3(e)and 15A NCAC 2B.0226 for this permit renewal: NA
7. Technology-Based Effluent Limitations (TBELs)
Describe what this facility produces: Pharmaceuticals, sterile liquid in flexible bags.
List the federal effluent limitations guideline (ELG)for this facility: 40 CFR 439 Subpart D,40 CFR 463
Subpart A,40 CFR 133 secondary treatment standards, and BPJ.
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If the ELG is based on production or flow,document how the average production/flow value was calculated:
This ELG is based on the following flows: cooling water from the extruders, non-contact cooling water,
boiler feed, process, and sanitary wastewater streams. The pollutant loading for each process are
summarized below. The information was provided by the facility in 2004, since there have not been any
significant changes in manufacturing,these data were used in the 2004,2010,2016, 2022 permit renewal.
Source flow BOD5(lb/dory) COD (1h/day) TSS(lb/day)
Extrusion 106.2 174.2 97.1
Boiler feed 0 0 84.1
Process 1,900.9 3,088.8 28.9
Sanitary 666.7 1,092.9 229
For ELG limits, document the calculations used to develop TBEL limits:
• BOD5,COD,and TSS are based on 40 CFR 439 Subpart D and secondary treatment standards for
the sanitary wastewater component.
• Oil and Grease limits for the cooling water from the extruders are based on 40 CFR 463 Subpart
A,the sanitary wastewater limits are based on BPJ of 30 mg/L DM and 60 mg/L MA.
Comparison of the recalculated limits using current flow data and current permit limits are summarized
below for comparison.The calculated limits are less stringent than the current permit. Since the facility
has no current plans for expansion no changes are proposed.
Table. TBEL Development per 40 CFR 133,40 CFR 439 Subpart D,40 CFR 463 Subpart A
Daily Max Monthly Average
Pollutant Limit Current Limit Limit Current Limit
(lb/d) (Ib/d) (lb/d) (lb/d)
BOD5 645.21 691.40 430.14 460.90
COD 1,766.79 1,939.20 1,177.86 1,292.80
TSS 1,123.48 417.00 748.99 278.00
O&G 95.86 95.40 47.93 47.70
If any limits are based on best professional judgement(BPJ), describe development: The allocation for Oil
and Grease for the sanitary wastewater are based on BPJ of 30 mg/L DM and 60 mg/L MA.
Document any TBELs that are more stringent than WQBELs: The TBELs limits for BOD, COD, Oil and
Grease,and TSS are more stringent than the 1994 model conducted by the Division.
Document any TBELs that are less stringent than previous permit: NA
Page 7 of 10

Baxter Healthcare Corp
8. Antidegradation Review (New/Expanding Discharge):
The objective of an antidegradation review is to ensure that a new or increased pollutant loading will not
degrade water quality. Permitting actions for new or expanding discharges require an antidegradation
review in accordance with 15A NCAC 2B.0201.Each applicant for a new/expanding NPDES permit must
document an effort to consider non-discharge alternatives per 15A NCAC 2H.0105(c)(2). In all cases,
existing instream water uses and the level of water quality necessary to protect the existing use is maintained
and protected.
If applicable, describe the results of the antidegradation review, including the Engineering Alternatives
Analysis(EAA)and any water quality modeling results: NA
9. Antibacksliding Review:
Sections 402(o)(2) and 303(d)(4) of the CWA and federal regulations at 40 CFR 122.44(1) prohibit
backsliding of effluent limitations in NPDES permits. These provisions require effluent limitations in a
reissued permit to be as stringent as those in the previous permit,with some exceptions where limitations
may be relaxed(e.g.,based on new information,increases in production may warrant less stringent TBEL
limits,or WQBELs may be less stringent based on updated RPA or dilution).
Are any effluent limitations less stringent than previous permit(YES/NO):NO
If YES, confirm that antibacksliding provisions are not violated:NA
10. Monitoring Requirements
Monitoring frequencies for NPDES permitting are established in accordance with the following regulations
and guidance: 1) State Regulation for Surface Water Monitoring, 15A NCAC 2B.0500; 2) NPDES
Guidance,Monitoring Frequency for Toxic Substances(7/15/2010 Memo);3)NPDES Guidance,Reduced
Monitoring Frequencies for Facilities with Superior Compliance(10/22/2012 Memo);4)Best Professional
Judgement (BPJ). Per US EPA (Interim Guidance, 1996), monitoring requirements are not considered
effluent limitations under Section 402(o) of the Clean Water Act, and therefore anti-backsliding
prohibitions would not be triggered by reductions in monitoring frequencies.
11. Electronic Reporting Requirements
The US EPA NPDES Electronic Reporting Rule was finalized on December 21,2015.Effective December
21, 2016, NPDES regulated facilities are required to submit Discharge Monitoring Reports (DMRs)
electronically. While NPDES regulated facilities would initially be required to submit additional NPDES
reports electronically effective December 21,2020,EPA extended this deadline from December 21,2020,
to December 21, 2025. The current compliance date, effective January 4, 2021, was extended as a final
regulation change published in the November 2, 2020 Federal Register This permit contains the
requirements for electronic reporting,consistent with Federal requirements.
Page 8 of 10

Baxter Healthcare Corp
12.Summary of Proposed Permitting Actions:
A. Table. Current Permit Conditions and Proposed Changes 1.2 MGD
Parameter Current Permit Proposed Change Basis for Condition/Change
Flow MA 1.2 MGD No change 15A NCAC 2B .0505
MA 460.9 lbs/day No change TBEL.40 CFR 439 Subpart D/Secondary
BOD5,20°C DM 691.4 lbs/day treatment standards/40 CFR 133/15A
NCAC 2B .0406
MA 1,292.8 lbs/day No change TBEL.40 CFR 439 Subpart D/Secondary
COD DM 1,939.2 lbs/day treatment standards/40 CFR 133/15A
NCAC 2B .0406
Total Suspended MA 278.0 lbs/day No change TBEL.40 CFR 439 Subpart D/Secondary
DM 417.0 lbs/day treatment standards/40 CFR 133/15A
Solids
NCAC 2B .0406
NNa-N summer, MA 5.3 mg/L No change WQBEL. Based on protection of aquatic
mg/L DM 26.4 mg/L life. 15A NCAC 2B.0200
MA 14.7 mg/L No change WQBEL. Based on protection of aquatic
NH3-N winter,mg/L life. 15A NCAC 2B.0200
Fecal Coliform MA 200/100m1 No change WQBEL. State WQ standard, 15A NCAC
DM 400/100m1 2B .0200
Total Residual 28 µg/L No change WQBEL. State WQ standard, 15A NCAC
Chlorine4 2B .0200
Turbidity,NTU DM 10 NTUs No change WQBEL. State WQ standard, 15A NCAC
2B .0211(21)
Temperature,°C Monitor 3/week No change WQBEL. State WQ standard, 15A NCAC
2B .0200 and 15A NCAC 02B .0500
Conductivity, Monitor 3/week No change WQBEL. State WQ standard, 15A NCAC
µS/cm 2B .0200 and 15A NCAC 02B .0500
Dissolved Oxygen, Monitor 3/week No change WQBEL. State WQ standard, 15A NCAC
mg/L 2B .0200 and 15A NCAC 02B .0500
>6.0 and<9.0 SU No change WQBEL. State WQ standard, 15A NCAC
pH 2B .0200 and 15A NCAC 02B .0500
MA 47.7 lbs/day No change TBEL.40 CFR 463/BPJ/40 CFR 133 /15A
Oil&Grease DM 95.4 lbs/day NCAC. 2B .0406
Monitor 2/month
Total Nitrogen Monitor 1/month No change WQBEL. State WQ standard, 15A NCAC
(NO2+NO3+ 2B .0200 and 15A NCAC 02B .0500
TKN),mg/L
Total Phosphorus, Monitor 1/month No change WQBEL. State WQ standard, 15A NCAC
mg/L 2B .0200 and 15A NCAC 02B .0500
Chronic Toxicity Monitor 1/quarter No change WQBEL.No toxics in toxic amounts. 15A
NCAC 2B.0200 and I5A NCAC 2B.0500
Total hardness as Monitor 1/quarter No change Hardness-dependent dissolved metals WQ
CaCO3,mg/L standard,2016
MGD-Million gallons per day,MA-Monthly Average,WA-Weekly Average,DM-Daily Max
Page 9 of 10

Baxter Healthcare Corp
13. Public Notice Schedule:
Permit to Public Notice: 09/01/2022
Per 15A NCAC 2H.0109& .0111,The Division will receive comments for a period of 30 days following
the publication date of the public notice.Any request for a public hearing shall be submitted to the
Director within the 30 days comment period indicating the interest of the party filing such request and the
reasons why a hearing is warranted.
14. NPDES Division Contact
If you have any questions regarding any of the above information or on the attached permit,please
contact Amirhossein(Amir)Adaryani at(919) 707-3704 or via email at [e-mail].
15. Fact Sheet Addendum (if applicable):
Were there any changes made since the Draft Permit was public noticed(Yes/No): YES
If Yes, list changes and their basis below:
• Minor language clarification in footnote 8 of limit table,section A.(1.),for temperature
requirement,that if the instream temperature exceeds 20°C upstream of the facility,the discharge
will not be considered out of compliance with this permit limit based on the maximum regulatory
limit of 20°C provided that it does not increase the background temperature.
16. Fact Sheet Attachments (if applicable):
• Monitoring reduction calculations
• Public comments to draft permit and DWR responses: Lake James Environmental Association,
Catawba Riverkeeper Foundation, Southern Environmental Law Center.
Page 10 of 10

Effluent
Average of Value Year
Parameter Unit 2018 2019 2020 2021 2022 Mean
00340-Oxygen Demand,Chem. (High Level)(COD) Ib/d 34.04 40.29 37.78 38.32 39.70 38.03
CO610-Nitrogen,Ammonia Total(as N)-Concentration mg/L 0.10 0.10 0.16 0.27 0.24 0.17
QD310-BOD, 5-Day(20 Deg. C)-Quantity Daily Ib/d 13.62 20.51 17.48 18.02 15.87 17.10
QD530-Solids,Total Suspended-Quantity Daily Ib/d 9.13 9.17 7.65 12.74 19.85 11.71
Parameter Unit Long term effluent average(LTEA) Monthly average limit(MA) Ratio, % Max Baseline monitoring Eligible reduction
00340-Oxygen Demand, Chem.(High Level)(COD) Ib/d 38.03 1292.8 2.94 55.56 3/Wk 1/wk
CO610-Nitrogen,Ammonia Total(as N)-Conc-Summer mg/L 0.17 5.3 3.24 1.40 1/wk 1/2months
CO610-Nitrogen,Ammonia Total(as N)-Conc-Winter mg/L 0.17 14.7 1.17 3.90 1/wk 1/2months
QD310-BOD,5-Day(20 Deg.C)-Quantity Daily Ib/d 17.10 460.9 3.71 124.66 3/Wk 1lwk
QD530-Solids,Total Suspended-Quantity Daily Ib/d 11.71 278.0 4.21 68.75 3/Wk llwk
Fecal Colifrom CFU 1.00 200.00 0.50 1.00 3/1/Vk 1/wk
Table I
Ratio of Long Term Effluent Average
to Monthly Average Limit
Baseline
Monitoring 75-66% 65-50°0 44-25°u <25%
7/wk 5lwk 4twk 3twk 1/wk
6/wk 4/wk 3/wk 2`wk 1/wk
5/vk 4/wk 3iwk 21wk 1 wk
4/wk 3/wk 2/wk 1/wk l/wk
3/wk 3/wk 2hvk Iiwk 1//wk
2/wk 2iwk IAvk 2/nmo 1/mo
1'wk liwk l/wk Vino 1/2mos
2/mouth 2/mo 2/mo Vino t/quarter
1/month 1/mo limo 1/quarter 1/6mos
Note: See above eligibility requirements.

NC0006564
DWR response to CRF Comments
The Catawba River Keeper Foundation submitted comments regarding the draft permit NC0006564
which was received by the Division September 30, 2022.The comments and responses from the Division
are summarized below:
1. Keep the requirements to monitor and limit turbidity.
a. DEQ kept the monitoring for turbidity in the permit.Although,facility can apply for
removal of this monitoring through major modification after 12 months [See Special
Condition A. (4.)].
2. Require Baxter Healthcare to comply with temperature limits as soon as possible
a. The facility proposed five years to comply with temperature requirements in the permit.
Although, DEQ developed Compliance Schedule for temperature that only grants 3 years
and 6 months from issuance to comply. Meanwhile,the facility is required to provide
Corrective Action Plan (CAP), and progress reports [See Special Condition A. (3.)].
3. Do not grant request for reduction in monitoring frequency
a. Based on EPA's Interim Guidance for Performance-Based Reductions of NPDES Permit
Monitoring Frequencies (1996), monitoring requirements can be reduced if permittee
showed a long and consistent compliance history, lower than limits with specified
parameters.After careful evaluation of eDMR data monitoring reduction reduced for
BODS, COD,TSS, Fecal coliform,Ammonia and Turbidity. Please refer to calculation
spreadsheet for monitoring reduction attached for more details.Association of
impairment downstream of Baxter's discharge should have been articulated properly.
The monitoring frequencies, limits and conditions are all based on Federal and State of
North Carolina regulations and codes [See A. (1.) and Special Condition A. (3.)].

CATAWBA
RIVERKEEPER°
September 30`h, 2022
NCDEQ/DWR/NPDES
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Amir Adaryani,
The Catawba Riverkeeper Foundation is a member-funded environmental nonprofit that educates and
advocates for the protection of the Catawba-Wateree River and all its tributaries. Our organization
represents over 6,000 active members who rely on the watershed for drinking water, recreation, and
electricity.The North Fork of the Catawba River is a major tributary to Lake James and is a designated
Class B Trout Water. We appreciate the opportunity to comment on the Baxter Healthcare Corporation's
Major Modification Request for NPDES permit(NC00006564) and make the following recommendations:
• Keep the requirements to monitor and limit turbidity
The facility discharges into a designated Trout Water. Facility discharge should be monitored
to ensure stream turbidity does not exceed 10 NTUs.The standard to protect the designated
use is in turbidity and therefore should stay in the permit. While often highly correlated
measuring total suspended solids is not an acceptable substitute.Turbidity is inexpensive to
monitor and should not be considered an undue financial burden.
• Require Baxter Healthcare to comply with temperature limits as soon as possible
The facility discharges into a designated Trout Water. If modified as requested,the
discharge into the North Fork would not only in be violation of state water quality
temperature standards but on average be above levels that are acutely toxic to trout and
other cold-water species.The effluent summary shows their average discharge is 25.92°C
with a max of 35°C.. Both of these are well above the standard set for Trout Waters under
15A NCAC 02B .0211(18) "...the temperature for trout waters shall not be increased by more
than 0.5 degrees C(0.9 degrees F)due to the discharge of heated liquids, but in no case to
exceed 20 degrees C(68 degrees F)."A 5-year plan to achieve compliance is not proper as
the permit will expire in 5 years. It should also be noted that the last permit should have
required these same temperature standards but was overlooked.The facility would not
meet state water quality standards for another full permit cycle. Instead, Baxter should
comply with temperature standards as soon as possible

• Do not grant request for reduction in monitoring frequency
Baxter Healthcare references the 1996 Interim Guidance for Performance-Based
Reductions of NPDES Permit Monitoring Frequencies. NCDEQ is not required to grant this
reduction if it is not in the best interest of public and environmental health. Since 2020 the
North Fork has been listed as impaired immediately downstream of the facilities discharge.
As NCDEQ has not determined the reason for impairment,ample monitoring is needed to
quantify impacts and establish future TMDLs. While we recognize the investment Baxter has
made in wastewater treatment,at minimum BOD and TSS monitoring frequency should
remain at 3x a week per 15A NCAC 2B.0508.
For the River,
/
Brandon Jones
Catawba Riverkeeper
A WATERKEEPER ALLIANCE® Member
102 Main St.Suite 100 McAdenville NC 28211
Phone:[phone] Fax:[phone]
www.catawbariverkeeper.org

NC0006564
DWR response to UEA Comments
The Lake James Environmental Association submitted comments regarding the draft permit NC0006564
which was received by the Division September 30, 2022.The comments and responses from the Division
are summarized below:
1- Keeping current monitoring until impairments downstream of Baxter's discharge have been
identified and an assessment of the impacts of the discharge on Lake James has been
completed.
a. Based on EPA's Interim Guidance for Performance-Based Reductions of NPDES Permit
Monitoring Frequencies(1996), monitoring requirements can be reduced if the
permittee showed a long and consistent compliance history, lower than limits with
specified parameters.After careful evaluation of eDMR data:
i. The monitoring for BOD5, COD,TSS and Fecal coliform was reduced to weekly
ii. The monitoring for Ammonia was reduced to once per two months
iii. The monitoring for Turbidity was reduced to weekly, and a provision has been
added that the Permittee can apply for a major modification after providing 12
months of turbidity monitoring data [See Special Condition A. (4.)].
Please refer to calculation spreadsheet for monitoring reduction attached for more
details. Association of impairment downstream of Baxter's discharge should have been
articulated properly.The monitoring frequencies, limits and conditions are all based on
Federal and State of North Carolina regulations and codes. [See section A. (1.)]
2- The requirement to monitor turbidity should remain in the permit.
a. As mentioned in response to comment 1 above,the monitoring for turbidity was kept in
the permit [See Special Condition A. (4.)].
3- The requested time to achieve compliance with the temperature discharge standards is
excessive(5 years).
a. Compliance Schedule developed for temperature only grants 3 years and 6 months from
issuance to comply. Meanwhile,the facility is required to provide Corrective Action Plan
(CAP), and progress reports [See Special Condition A. (3.)].

,ypy th Ca ro II"
"747.4.
_tiki_1 ttlrlt�ti
Et1elt(riim Ittal
As )( .dtion
To protect and enhance the long-term environmental health and natural beauty of Lake James and its watershed.
P.O. Box 430,Nebo,NC 28761
Website: www.ljea.org Email: [e-mail] Phone: [phone]
September 30, 2022
NCDEQ/DWR/NPDES
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
Re. the Baxter Healthcare Corporation's Major Modification Request for NPDES permit
(NC0006564)
Mr. Adaryani,
Lake James Environmental Association (LJEA) is a non-profit,volunteer-driven organization
focused on the protection of the Lake James watershed, which includes the North Fork Catawba
River. Established in 1973, LJEA has a long history of protecting the watershed's lakes, rivers, and
streams, including many years of water quality sampling and analyses and participation in the
Volunteer Watershed Information Network for over 20 years. The North Fork has long been a
concern of our organization, for its riverine ecology and recreational value and for its impacts on
Lake James. In February 2022, we provided comments on the renewal of Baxter's NPDES permit
(NC0006564) and have appended those comments to this letter. We urge appropriate
consideration of UEA's concerns in any forthcoming permit modifications. Regarding the
requested permit modifications presented in Baxter's application, we provide the following
comments:
• UEA opposes the request for reductions in monitoring frequency. The requested
reductions should not be considered until there is a longer performance record of the
updated facility. Also, referencing UEA's prior comments, reasonably intensive
monitoring should continue until the likely sources of impairments downstream of
Baxter's discharge have been identified and an assessment of the impacts of the
discharge on Lake James has been completed. The appropriate time to consider
relaxation of monitoring requirements is after those studies have been completed and
the Catawba River Basin Plan has been updated.

• The requirement to monitor turbidity should remain in the permit. The Baxter facility
discharges into designated Trout Water.Ther e standard toprotect the designated use is
g gg
specified in turbidity and the turbidity monitoring requirement should remain in the
permit. Additionally, changes in effluent turbidity can often signal an upset in plant
operations and performance. Frequent turbidity monitoring reduces the likelihood and
limits the impact of a standard's violation. Monitoring turbidity is inexpensive and
certainly does not present an undue financial burden.
• The requested time to come into compliance with the temperature discharge standards
is excessive. While we understand it takes time to design and construct additional
facilities to achieve reliable compliance, approval of a 5-year delay in compliance is not
warranted. In addition, Baxter should be required to submit a plan to remediate
excessive temperature discharges, using its current facilities and operational capabilities,
within six months.
Thank you for your consideration of LJEA's comments on the requested permit modification.
Sincerely,
Daikj
Todd Bell
President, Lake James Environmental Association
Sophie McCarthy
Executive Director, Lake James Environmental Association
cc:
Doug Dowden, Div. of Water Resources, Supervisor, Industrial Permitting Unit
Craig Hesterlee, EPA Region 4, NPDES Permitting

NC0006564
DWR response to SELC Comments
The SELC submitted comments regarding the draft major modification permit NC0006564 which was
received by the Division September 30, 2022. The comments were submitted on behalf of the Catawba
Riverkeeper Foundation, MountainTrue, North Carolina Chapter of Trout Unlimited, North Carolina
Wildlife Federation, Watauga Riverkeeper, and the Southern Environmental Law Center. The comments
and responses from the Division are summarized below:
1- DEQ needs to consistently use trout waters temperature standard for the Draft NPDES Permit,
which authorizes discharges from the Baxter Healthcare Corp into the North Fork of the
Catawba River(Class B trout water).
a. Per 15A NCAC 02B .0211 (18)and .0219(1),the language modified in Footnote 8 to clarify
effluent temperature requirement when the upstream temperature is higher than 20°C
[See A. (1.), Footnote 8].After correction, it reads"... if the instream temperature exceeds
20°C upstream of the facility,the discharge will not be considered out of compliance with
this permit limit based on the maximum regulatory limit of 20°C provided that it does not
increase the background temperature...".

SOUTHERN 48 Patton Avenue,Suite 304 Telephone [phone]
ENVIRONMENTAL Asheville,NC 28801 Facsimile 828-258-2024
LAW
CENTER
September 30, 2022
Via E-mail
Richard Rogers
N.C. Dept. of Environmental Quality
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, NC 27699-1617
[e-mail]
Dear Mr. Rogers:
Please accept the following comments submitted on behalf of the Catawba Riverkeeper
Foundation, MountainTrue,North Carolina Chapter of Trout Unlimited,North Carolina Wildlife
Federation,Watauga Riverkeeper, and the Southern Environmental Law Center related to
application of the trout waters temperature standard in five recently noticed draft National
Pollutant Discharge Elimination System (NPDES)permits: NC0030325 (Buffalo Meadows
WWTP),NC0042358 (Adams Apple Condominiums WWTP),NC0062961 (Tynecastle
WWTP),NC0006564 (Baxter Healthcare Corp. WWTP), and NC0059421 (Sapphire Lake
WWTP No. 1). Proper application of the trout waters temperature standard is critical to
protecting trout populations in North Carolina. The Department of Environmental Quality(DEQ)
has correctly applied the trout waters temperature standard for three of the permits, but not for
two others. We ask that DEQ promptly correct these deficiencies before finalizing the permits.
I. Trout require cold,clean water to survive.
Keeping water temperature in designated trout waters below certain thresholds is
critically important because North Carolina's three species of trout—brook trout, brown trout,
and rainbow trout—require cold, clean, oxygen-rich water to survive and thrive. Water
temperature for these trout generally needs to be kept below 20°C (68°F).1 Unfortunately,past
and ongoing land management practices threaten trout habitats, including by inducing stream
temperature increases. As we explained in our comments on North Carolina's draft 2022 Clean
Water Act § 303(d) list, numerous trout streams routinely exceed safe water temperatures for
trout.2
This problem is being exacerbated by climate change. By 2060, western North Carolina
is predicted to see 10-20 more days each year with air temperatures above 35°C (95°F),
increasing the potential for water temperatures to rise above 21.1°C (70°F)—levels that can be
Trout Species of North Carolina,Fly Fishing NC(accessed Sept.26,2022),https://www.flyfishingnc.com/trout-
species-of-north-carolina.
2 S.Envtl.L.Ctr.,Comments on North Carolina's Draft 2022§303(d)List(Feb.28,2022),Attachment 1.
Charlottesville Chapel Hill Atlanta Asheville Birmingham Charleston Nashville Richmond Washington,DC

lethal to trout.' This combination of past habitat loss, ongoing poor land management practices,
and climate change poses an existential threat to many western North Carolina trout populations.
Declines in trout populations—driven by increasing stream temperatures or otherwise—
will hurt local economies. The total economic benefit of trout fishing in North Carolina is
estimated at$383.3 million annually, supporting nearly 3,600 jobs.4 If trout habitats are further
reduced,these economic benefits will be at risk. Overall, stream temperatures in North Carolina
are increasing, and this trajectory is predicted to continue under a changing climate. To protect
trout populations and the businesses that rely on them,North Carolina must take proactive steps
to ensure trout waters remain sufficiently cold.
II. North Carolina promulgated a temperature water quality standard to protect
trout.
Recognizing that trout require cold water,North Carolina exercised its authority under
the Clean Water Act to develop a temperature water quality standard designed to keep trout
streams cool. The Clean Water Act requires states to designate"uses"of waterbodies and
promulgate standards to protect those uses. See 33 U.S.C. § 1313;40 C.F.R. § 131.10;N.C. Gen.
Stat. § 143-214.1. All waterbodies in North Carolina are subject to a temperature standard to
protect their associated designated use. 15A N.C. Admin. Code 2B.0211(18). Some North
Carolina waterbodies have been assigned a"trout waters"use. See 15A N.C. Admin. Code
2B.0301(b)(3) (explaining trout waters classification). The temperature standard—for both trout
waters and non-trout waters—provides that water temperature is:
not to exceed 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) for mountain and upper
piedmont waters and 32 degrees C(89.6 degrees F)for lower piedmont and coastal
plain Waters; the temperature for trout waters shall not be increased by more than
.5 degrees C (0.9 degrees F) due to the discharge of heated liquids, but in no case
to exceed 20 degrees C (68 degrees F).
15A N.C. Admin. Code 2B.0211(18).
The standard has two parts—a delta limit and an overall prohibition. In non-trout waters,
the first part prohibits an increase attributable to a discharger of more than 2.8°C above the
natural water temperature. Under the second part,temperature shall "in no case"exceed 29°C in
mountain and upper piedmont waters and 32°C in lower piedmont and coastal plain waters
regardless of the presence of permitted dischargers.
3 Emma Johnson,Climate Change Challenges Trout Industry in North Carolina,Carolina Public Press(Feb. 17,
2021),https://carolinapublicpress.org/42527/climate-change-challenges-trout-industry-in-north-carolina/.See also
Kunkel,K.E.,et al.,2020:North Carolina Climate Science Report,
https://ncics.org/wpcontent/uploads/2020/10/NC_Climate_Science_Report_Ful lReport_Final_revised_September20
20.pdf.
4 N.C.Wildlife Res.Comm'n,Mountain Trout Fishing: Economic Impacts on and Contributions to North
Carolina's Economy(2015),https://www.ncwildlife.org/Portals/0/Fishing/documents/Economic-Impacts-Trout-
Fishing.pdf.
2

The trout waters standard follows this same structure: Stream may temperature not be
P Y
increased"by more than .5 degrees C . . . due to the discharge of heated liquids"but"in no case"
shall stream temperature exceed 20°C. This makes sense because keeping trout waters below
20°C—regardless of the presence of permitted dischargers—is critical to sustaining healthy trout
populations.
North Carolina's temperature standard, including for trout waters, is implemented in part
through NPDES permits that regulate point source discharges by setting limits and monitoring
requirements for a variety of water quality characteristics. 33 U.S.C. § 1342(a). State agencies
with delegated authority to administer the NPDES program, such as DEQ, are responsible for
ensuring NPDES permits identify and apply the correct water quality limits for the waterbody
into which the permittee will be discharging effluent.
III. DEQ inconsistently applies the trout waters temperature standard in draft
NPDES permits currently out for comment.
We commend DEQ for correctly applying the trout waters temperature standard in three
recently noticed NPDES permits. But DEQ incorrectly applies this same standard in two
additional permits, one of which incompletely states the discharger's obligations, while the other
lacks any reference to a temperature standard whatsoever. DEQ must correct its application of
the trout waters temperature standard in these final two permits.
DEQ correctly applies the trout waters temperature standard in draft NPDES permits
NC0030325 (Buffalo Meadows WWTP),NC0042358 (Adams Apple Condominiums WWTP),
and NC0062961 (Tynecastle WWTP). All three permits authorize discharges into Class B trout
waters.5 And all three explain that"instream temperature shall not be increased by more than 0.5
degrees C (0.9 degrees F) due to the discharge of heated liquids, but in no case to exceed 20
degrees C (68 degrees F)."6 Crucially,the permits explain that"[i]f the stream temperature
exceeds 20 degrees C due to natural background conditions, the effluent cannot cause any
increase in instream water temperature."7 Restated,all three permits recognize that trout waters
may"in no case" exceed 20°C; they therefore prohibit all stream-warming discharges into trout
waters already exceeding that threshold.'
We especially commend DEQ for applying the appropriate trout waters temperature
standard to draft permits NC0042358 (Adams Apple Condominiums WWTP) and NC0062961
(Tynecastle WWTP), which both discharge into the Watauga River. When preparing its § 303(d)
lists, DEQ has incorrectly applied the non-trout"mountain waters"temperature standard to the
Watauga River which allows increases in water temperature up to 29°C.9 Those temperatures
5 See Draft Permit NC0030325,Draft Permit NC0042358,Draft Permit NC0062961.
6 See Draft Permit NC0030325,at 3 n.4;Draft Permit NC0042358,at 3;Draft Permit NC0062961,at 3.
7 Id.(Emphasis added).
8 Id.
9 See,e,g.,North Carolina 2022 Integrated Report,at 1035-36(applying the 29°C standard to AU IDs 13574 and
13605),https://edocs.deq nc.gov/WaterResources/DocView.aspx?dbid=0&id=2361713&cr=1.
3

can be lethal to trout, and we are pleased DEQ is appropriately applying the trout waters 20°C
standard in Watauga River permits.
Unfortunately, DEQ abandons this approach for Draft NPDES Permit NC0006564, which
authorizes discharges from the Baxter Healthcare Corp. WWTP into the North Fork of the
Catawba River—also a Class B trout water. DEQ starts out on the right foot, explaining that the
"facility shall not exceed the instream water temperature of 20°C and not exceed 0.5°C above
background temperature."But it missteps by including language stating that"[i]f the instream
temperature exceeds 20°C upstream of the facility,the discharge will not be considered out of
compliance with this permit limit based on the maximum regulatory limit of 20°C."This latter
provision seems to allow increases of"0.5°C above background temperature,"even if the
"background temperature"already exceeds 20°C. This language must be stricken for the permit
to comply with the trout water temperature standard,which requires that trout waters"in no
case" exceed 20°C. In other words,the permit must be made consistent with draft NPDES
permits NC0030325,NC0042358, and NC0062961,which correctly require that"[i]f the stream
temperature exceeds 20 degrees C due to natural background conditions,the effluent cannot
cause any increase in instream water temperature."DEQ may be able to address difficulties with
meeting this standard through the schedule of compliance being developed for the Baxter
Healthcare Corp. permit,but it cannot rewrite the trout waters temperature standard to authorize
discharges which cause or contribute to exceedances above the 20°C threshold.
Finally, Draft Permit NC0059421 authorizes the Sapphire Lake WWTP to discharge into
the Horsepasture River, a designated Class C trout water.10 But this permit makes no mention of
any temperature standard(beyond monitoring). DEQ must add language to this permit consistent
with permits NC0030325,NC0042358, and NC0062961 requiring that"instream temperature
shall not be increased by more than 0.5 degrees C (0.9 degrees F)due to the discharge of heated
liquids,but in no case to exceed 20 degrees C (68 degrees F)"and explaining that"[i]f the
stream temperature exceeds 20 degrees C due to natural background conditions,the effluent
cannot cause any increase in instream water temperature."
Applying the correct trout water temperature standard at the Sapphire Lake WWTP is
critical because, as we pointed out in our comments on the draft 2022 § 303(d) list, the
Horsepasture River routinely exceeds safe temperatures for trout and DEQ has consistently
applied the wrong temperature standard." Data used in the 2022 § 303(d)process shows with a
93% confidence level that the Horsepasture River exceeds the 20°C threshold for trout waters
20%of the time.12 DEQ must investigate and address the reasons for these exceedances,
including by applying the trout waters temperature standard in NPDES permits in this watershed.
In the 2022 § 303(d) listing process, DEQ also incorrectly applied the water quality temperature
standard for"mountain"waters("in no case to exceed 29 degrees C")rather than trout waters
("in no case to exceed 20 degrees C")to the Horsepasture River.13 DEQ must not make the same
1°Draft Permit NC0059421.
11 See Attachment 1 at 6-7.
12 Id.at7.
13 See North Carolina 2022 Integrated Report,supra note 9,at 895.
4

mistake here. Instead, it must apply the 20°C threshold in the Sapphire Lakes WWTP NPDES
permit.
IV. Conclusion
North Carolina has some of the best and most at-risk trout habitat in the eastern United
States. Ensuring viable trout populations persist in the future requires keeping trout streams clean
and cold. To that end, DEQ must forthrightly apply the trout waters temperature standard in
NPDES permits NC0006564 and NC0059421, as it has for permits NC0030325,NC0042358,
and NC0062961.
Please notify Henry Gargan at hgargan(kselcnc.org or 828-258-2023 when DEQ issues
final versions of NPDES permit Nos. NC0006564 and NC0059421. We remain available as
always to discuss any of these concerns.
Sincerely,
Henry Gargan
Associate Attorney
Southern Environmental Law Center
hgargan cr selcnc.org
Patrick Hunter
Managing Attorney
Southern Environmental Law Center
cc: Joe Corporon([e-mail])
Charles Weaver([e-mail])
Pam Behm([e-mail])
Cam McNutt([e-mail])
5

Attachment 1
Comments on NC 2022 draft
303 (d) list

SOUTHERN 48 Patton Avenue,Suite 304 Telephone [phone]
ENVIRONMENTAL Asheville,NC 28801 Facsimile 828-258-2024
LAW
CENTER
February 28, 2022
Via First Class U.S. Mail and Electronic Mail
Cam McNutt
N.C. Department of Environmental Quality
Division of Water Resources
1617 Mail Service Center
Raleigh,NC 27699-1167
TMDL 303 dComments(aincde n r.go v
Re: Comments on North Carolina's Draft 2022 $303(d)List
Dear Mr. McNutt:
On behalf of North Carolina Wildlife Federation,North Carolina Trout Unlimited, and
MountainTrue we are submitting comments on North Carolina's draft 2022 § 303(d) list of
impaired waters. The proper identification of impaired waters is essential to improving the
quality and preserving the best use of the State's waters. This is critical for people who rely on
these waters for their economic livelihoods, for spiritual renewal, and for recreation. Identifying
impaired waters is also critical for species that depend on clean water, like Southern Appalachian
brook trout. For too long, the Department of Environmental Quality ("DEQ")has ignored
exceedances of the temperature standard for trout streams when preparing its 303(d) list. As a
result,the causes of these exceedances are never assessed and remediated through preparation of
a Total Maximum Daily Load("TMDL")—all to the detriment of anglers, fishing guides, and,
most importantly,trout and other species that rely on cold, clean water. Climate change will only
exacerbate this problem. It is past time for DEQ to begin listing waters on its 303(d) list that are
exceeding the temperature standard for trout waters, consistent with DEQ's listing
methodology.'
DEQ should also explain how it applies narrative water quality standards when preparing
its 303(d) list and fix longstanding problems with its listing and delisting methodology and water
quality monitoring program.
' See N.C.Dep't of Envtl.Quality,2022 303(d)Listing and Delisting Methodology(May 13,2021).Using this
methodology,DEQ will list a stream as impaired if(1)sample size is greater than nine and(2)there is a greater than
10%exceedance rate with at least 90%statistical confidence,or there is a greater than 10%exceedance rate with
less than 90%confidence and there are more than three excursions with 90%confidence in newer data that have not
been previously assessed.Id.at 4.For purposes of the 2022 303(d)list,"newer data"consists of data collected in
2019 and 2020.
Charlottesville Chapel Hill Atlanta Asheville Birmingham Charleston Nashville Richmond Washington,DC

I. The 303(d)listing process is critical to protecting the integrity of North
Carolina's waters.
Congress passed the Clean Water Act("CWA")in 1972 to"to restore and maintain the
chemical,physical, and biological integrity of the Nation's waters."33 U.S.C. § 1251(a). To that
end,Congress charged states with identifying "designated uses"for each jurisdictional
waterbody within its boundaries. 33 U.S.C. § 1313(d);40 C.F.R. § 131.10. States then set
"criteria necessary to protect the uses" as water quality standards.40 C.F.R. § 130.3.2 Water
quality standards "should,wherever attainable,provide water quality for the protection and
propagation of fish, shellfish and wildlife and for recreation in and on the water and take into
consideration their use and value for public water supplies."Id. "Such standards serve the dual
purposes of establishing the water quality goals for a specific water body and serving as the
regulatory basis for establishment of water quality-based treatment controls and strategies
beyond the technology-based level of treatment required by sections 301(b) and 306 of the
[CWA]."Id. States "are required to set water quality standards for all waters within their
boundaries regardless of the sources of the pollution entering the waters." Pronsolino v. Nastri,
291 F.3d 1123, 1127 (9th Cir. 2002). In other words,water quality standards are set without
regard to existing or future sources of pollution.
Water quality standards must be approved by the Environmental Protection Agency
("EPA") and are reviewed at least every three years. See 33 U.S.C. § 1313(a)—(c). If a new or
revised state-promulgated water quality standard is insufficient to meet the purposes of the
CWA,EPA must promulgate a sufficient water quality standard in its stead. 33 U.S.C. §
1313(c)(3).
Every two years, states must identify"water quality limited segments"of jurisdictional
waters within their borders and list them on their CWA § 303(d)list. See generally 33 U.S.C. §
1313(d). A"water quality limited segment" is any"segment where it is known that water quality
does not meet applicable water quality standards, and/or is not expected to meet applicable water
quality standards."40 C.F.R. § 130.2(j). More specifically, states must identify water quality
limited segments for which:
(i) Technology-based effluent limitations required by[the CWA];
(ii) More stringent effluent limitations(including prohibitions)required by
either State or local authority preserved by section 510 of the Act, or
Federal authority(law,regulation, or treaty); and
(iii) Other pollution control requirements (e.g.,best management practices)
required by local, State, or Federal authority are not stringent enough to
implement any water quality standards applicable to such waters.
40 C.F.R. § 130.7(b)(emphasis added). "Water quality standard,"as used here, includes
"numeric criteria,narrative criteria, waterbody uses, and antidegradation requirements."Id. §
130.7(b)(3). States must also list water quality limited segments "for which controls on thermal
2 North Carolina implements this procedure by classifying waterbodies and assigning water quality standards for
each classification.See N.C.Gen.Stat. § 143-214.1; 15A N.C.Admin.Code 2B.0101,.0301.
2

discharges under section 301 [of the CWA] or State or local requirements are not stringent
enough to assure protection and propagation of a balanced indigenous population of shellfish,
fish and wildlife."Id. § 130.7(b)(2).
Once prepared, states submit draft 303(d) lists to EPA for approval. Id. § 130.7(d). EPA
may not approve a list that does not meet"the requirements of[40 C.F.R.] § 130.7(b)."Id. §
130.7(d)(2). If EPA disapproves a list, it must add wrongfully omitted water quality limited
segments back to the state's 303(d) list. Id.
States are obligated to"establish TMDLs for the water quality limited segments
identified"on that state's final 303(d) list. Id. C.F.R. § 130.7(c)(1). Total Maximum Daily Loads
are developed based on a waterbody's "loading capacity"which is the"greatest amount of
loading that a water can receive without violating water quality standards."40 C.F.R. § 130.2(f).
A "load"is an "amount of matter or thermal energy that is introduced into a receiving water" and
"loading"is the act of introducing that matter or thermal energy into a receiving water. Id. §
130.2(e). "Loading may be either man-caused(pollutant loading) or natural (natural background
loading)."Id.
Once the TMDL determines the"loading capacity"of a waterbody, it allocates allowable
levels of pollutant discharges among nonpoint and point sources3 via load allocations4 and
wasteload allocations,5 respectively. The TMDL is the sum of the load allocations (including
background conditions) and wasteload allocations. It thus protects the overall health of
waterbodies by ensuring that point and nonpoint discharges are reduced to ensure compliance
with water quality standards.
TMDLs are also subject to EPA approval. Id. § 130.7(d). Once an approved TMDL is in
place,a waterbody no longer must be listed as"impaired"on the 303(d) list. In summary,
inclusion on the 303(d) list is the first step toward assessing water quality-limited segments and
determining load allocations and wasteload allocations through the TMDL process to ensure
water quality standards are not violated and designated uses of waterbodies are protected.
II. North Carolina's 303(d) list wrongfully excludes stream segments that violate
the temperature standard applicable to classified trout waters.
For decades,North Carolina has had a temperature water quality standard specific to
classified trout streams. Compliance with the standard is critical for keeping these streams cool
enough to sustain trout populations. Many trout waters are increasingly exceeding this
3 A"point source"is"any discernible,confined and discrete conveyance,including but not limited to any pipe,
ditch,channel,tunnel,conduit,well,discrete fissure,container,rolling stock,concentrated animal feeding operation,
or vessel or other floating craft,from which pollutants are or may be discharged."33 U.S.C. § 1362(14).Point
source discharges are regulated by National Pollutant Discharge Elimination System permits.Nonpoint source
pollution is pollution that enters waterbodies but not via"discernible,confined,discrete conveyances."
4 A"load allocation"is the"portion of a receiving water's loading capacity that is attributed either to one of its
existing or future nonpoint sources of pollution or to natural background sources."40 C.F.R. § 130.2(g).
5 A"wasteload allocation"is the"portion of a receiving water's loading capacity that is allocated to one of its
existing or future point sources of pollution."40 C.F.R. § 130.2(g).
3

temperature standard,threatening trout viability. Nevertheless, DEQ has consistently refused to
list these impaired streams on its 303(d) list by a combination of(1) interpreting the trout waters
temperature standard to only apply when thermal point sources discharge into the relevant stream
segment,but then(2) failing to investigate the presence of thermal point source dischargers. This
interpretation is contrary to the plain wording of the trout waters temperature standard, and
inconsistent with the requirements of the CWA and how DEQ applies the standard outside of the
303(d)context. Just last year, DEQ initiated an enforcement action in North Carolina Superior
Court alleging violations of the trout waters temperature standard even when no thermal point
source discharges were present. DEQ correctly applied the trout waters temperature standard in
that instance—the same standard it applies when preparing its 303(d) list.
A. North Carolina trout depend upon cool, clean water.
North Carolina is home to three types of trout: brook trout, rainbow trout, and brown
trout. Only brook trout are native to the state. Recent studies"suggest that the native brook trout
found in the southern Appalachians, including the mountains of western North Carolina,
represent a unique strain called Southern Appalachian brook trout."6 These trout"have endured
in North Carolina since the last ice age more than 10,000 years ago."7"North Carolina mountain
streams once teemed with Southern Appalachian brook trout"but 19th- and 20`h-century logging
practices decimated populations.8"Extensive erosion and siltation from land disturbing activities
limited spawning success by smothering eggs and restricting their oxygen supply, and streams
that historically supported coldwater fishes were warmed due to lost canopy cover."9 Stocking of
rainbow,brown, and northern-strain brook trout also began around 1900.1°These introduced
species often outcompeted native brook trout, leading to further declines." Today, "the future of
the wild brook trout is of concern, and since 1900, the brook trout range is thought to have
declined by about 80 percent."12
Brook trout,brown trout, and rainbow trout require cold, clean, oxygen-rich water to
survive and thrive. Past and ongoing land management practices continue to threaten trout
habitats and these threats are exacerbated by climate change. By 2060,western North Carolina is
predicted to see 10-20 more days each year with air temperatures above 35°C (95°F), increasing
the chances that water temperatures will rise above 21.1°C (70°F)—levels that can be lethal to
6 N.C.Wildlife Res.Comm'n,Brook Trout:North Carolina Wildlife Profiles,
https://www.ncwildlife.org/Portals/0/Fishing/documents/BrookTrout.pdf,Attach. 1.
Doug Besler,Return of the Native?,
https://www.ncwildlife.org/portals/o/Learning/documents/WINC/Sample_07/sample_April07.pdf,Attach.2.
8 Supra note 6.
9 Id.
io Id.
"Id.
12 Id.
4

trout.t 3 This combination of past habitat loss, ongoing poor land management practices, and
climate change poses an existential threat to many western North Carolina trout populations.
Declines in trout populations will also hurt local economies. The total economic benefit
of trout fishing in North Carolina is estimated at$383.3 million annually, supporting nearly
3,600 jobs.14 If trout habitats are further reduced, these economic benefits will be at risk.
B. North Carolina has specific temperature standards for trout waters.
Consistent with its obligations under the CWA, DEQ has classified some mountain
streams and lakes as "trout waters."See 15A N.C. Admin. Code 2B.0202(55) (defining"trout
waters"). To protect that condition, DEQ assigned trout waters a temperature standard: Their
temperature"shall not be increased by more than 0.5 degrees C (0.9 degrees F)due to the
discharge of heated liquids, but in no case to exceed 20 degrees C (68 degrees F)." 15A N.C.
Admin. Code 2B .0211(18);see also id. 2B.0301 (explaining that the"water quality standards
applicable to each classification assigned are those established in the rules of Section .0200 of
this Subchapter.").15 For purposes of compiling its 303(d) list, DEQ considers waters to be
impaired when state water quality criteria—including temperature—are exceeded in more than
10%of samples with greater than or equal to 90% statistical confidence.16 Waterbodies that meet
this numeric criterion must be listed;17 those that do not may still need to be listed if certain other
conditions are met.18 DEQ's application of these requirements in compiling its draft 2022 303(d)
report falls short for at least two reasons. First, it fails to apply the trout waters temperature
standard to multiple classified trout waters. Second, it refuses to list trout waters as impaired
even when the underlying data demonstrates impairment using DEQ's listing methodology.
13 Emma Johnson, Climate Change Challenges Trout Industry in North Carolina,Carolina Public Press(Feb. 17,
2021),https://carolinapublicpress.org/42527/climate-change-challenges-trout-industry-in-north-carolina/Attach.3;
see also Kunkel,K.E.,et al.,2020:North Carolina Climate Science Report,https://ncics.org/wp-
content/uploads/2020/10/NC_Climate_Science_Report_FullReport_Final_revised_September2020.pdf,Attach.4.
14 N.C.Wildlife Res.Comm'n,Mountain Trout Fishing:Economic Impacts on and Contributions to North
Carolina's Economy at iv(2015),https://www ncwildlife.org/Portals/O/Fishing/documents/Mountain%20Trout%
20Fishing%20Economic%20lmpacts%20on%20and%20Contributions%20to%20North%20Carolinas%20Economy.
pdf,Attach.5.
15 In waters that are not classified trout waters,stream temperatures are"not to exceed 2.8 degrees C(5.04 degrees
F)above the natural water temperature, in2 and no case to exceed 9 degrees C(84.2 degrees F)for mountain and
upper piedmont waters and 32 degrees C(89.6 degrees F)for lower piedmont and coastal plain Waters." 15A N.C.
Admin.Code 2B.0211(18).
16 See supra note 1.
17 North Carolina carves out small exceptions for dissolved oxygen and pH in swamp waters if exceedances are due
to natural conditions.Id. at 5.
"For example,pollutants with exceedance levels above 10%with less than 90%statistical confidence must still be
listed if at least three newer samples exceeded criteria with at least 90%statistical confidence.Id. at 3-4.
5

C. DEQ is applying the wrong temperature standard to numerous trout streams.
DEQ recognizes a 20°C limit for some trout waters in its draft 2022 303(d) list,19 but it
omits this criterion for at least forty other classified trout water segments and instead applies the
temperature standard for non-trout mountain and upper piedmont streams.20 This is the wrong
standard. Classified trout waters incorrectly assessed for compliance with the 29°C standard
applicable in mountain and upper piedmont streams generally-but not the correct 20°C trout
waters limit-include: Broad River(12498),21 Cedar Creek (12537), First Broad River(12758),
Catawba River(317),Wilson Creek(1034), French Broad River(10925), Davidson River
(11278), Avery Creek (11290), Mills River(11421),Pigeon River(10565), Allen Creek(10607),
Jonathans Creek(10684),Cataloochee Creek(10798),North Toe River(11971 and 11974),
South Toe River(12079), Cane River(12270),Valley River(3278), Cullasaja River(6497),
Nantahala River(7235 and 7236), Tuckaseegee River(8610 and 8611), Board Cove Branch
(8906), Wolf Creek (9098), Little Tennessee River(5606 and 5607), Flattop Branch (122),
Norris Branch (204),Buffalo Creek(233), Brush Creek(290), Crab Creek(299), Dan River
(6481),22 Horsepasture River(10512), Watauga River(13574 and 13605),Buckeye Creek
(12430), and Yadkin River(13904, 14027, and 14028).23 North Carolina must revise its 303(d)
list and sampling approach to assess compliance with the correct temperature standard-which,
in classified trout streams, is 20°C.
Application of the correct standard can decide whether a stream segment is listed as
impaired and therefore whether the sources of impairment will be addressed through a TMDL or
another process. For example, the draft 2022 303(d) list applies the temperature standard for
mountain and upper piedmont waters of 29°C to the First Broad River(WS-V, Tr; AU
ID:12758)and concludes that it complies relying on data from monitoring station A4800000.
That data shows that this segment was sampled 53 times during the relevant time period and
none of those samples exceeded 29°C.24 But twenty of those samples exceeded the trout waters
temperature standard of 20°C-a 38%exceedance rate at 99%confidence.25 Applying the
correct standard, this stream should be listed as impaired for temperature. DEQ must revise its
approach to apply the correct temperature standard to classified trout waters and include
waterbodies on its 303(d) list that are exceeding that standard consistent with its listing
methodology.
19 See, e.g.,N.C. Dep't of Envtl.Qual.,North Carolina 2022 Draft Integrated Report at 289,
https://edocs.deq nc.gov/WaterResources/DocView.aspx?dbid=0&id=2167748&cr=l [hereafter"2022 Draft
Integrated Report"](finding that Shooks Creek-a classified trout water-is"[m]eeting"the"20°C"water
temperature criteria based on legacy random ambient monitoring data).
20 See supra note 15.
21 The numbers provided in parentheses are the"AU ID"from the 2022 Draft Integrated Report.
22 Compounding its error,DEQ assesses compliance for this segment using the temperature standard applicable to
lower piedmont and coastal plain waters(32°C).
23 For hundreds of other classified trout waters,the 2022 Draft Integrated Report provides no indication about which
temperature standard DEQ applies.
24 See N.C.Dep't of Envtl.Qual.,BasinSummAMSMCPALMP20162020and20192020_20210820.
25 Id.
6

D. North Carolina must list trout streams that are exceeding the temperature standard.
The First Broad River is not the only trout stream exceeding the trout waters temperature
standard but omitted from the draft 2022 303(d) list. The data DEQ used to prepare the draft
2022 303(d)list shows that multiple classified trout waters with ten or more sample results are
exceeding the trout waters temperature standard more than 10%of the time at greater than 90%
confidence level. DEQ must list these streams on its 2022 303(d) list. Monitoring locations
showing exceedances of the trout waters temperature standard include:
• First Broad River(A4800000)26—38%exceedance with 99%confidence level
• Cane River(E9850000)—32%exceedance with 99%confidence level
• North Toe River(E8100000)—28%exceedance with 99%confidence level
• Valley River(F4000000)—25%exceedance with 97%confidence level
• French Broad River(E0150000)—25% exceedance with 99% confidence level
0 99%
• Pigeon River(E54950000)—23/o exceedance with confidence level
• Davidson River(E0850000)—21%exceedance with 98%confidence level
• South Toe River(E8200000)—21%exceedance with 95%confidence level
• Horsepasture River(H6000000)—20%exceedance with 93%confidence level
• North Toe River(E7000000)— 18%exceedance with 92%confidence level.
E. North Carolina's trout waters temperature standard is not dependent on the presence
of thermal dischargers.
Many of these streams have exceeded the trout waters temperature standard for multiple
303(d) listing cycles but have never been listed.27 Indeed, members of the public have been
raising this concern with DEQ since at least 2008.28 In response, DEQ has explained that it
"interprets [the trout waters temperature] standard to only be assessed with thermal discharges,"
i.e.,thermal point source discharges subject to National Pollutant Discharge Elimination System
("NPDES")permits.29 This interpretation is contrary to the plain wording of the standard and the
requirements of the CWA, and it is inconsistent with how DEQ and other state agencies apply
the standard outside of the 303(d) context.
First,the plain wording of the temperature standard leaves no doubt that it applies
regardless of the presence of thermal discharges. In full, the standard states:
26 Data was collected at the monitoring stations provided in parentheses.
27 See N.C.Dep't of Envtl.Qual.,2020 303(d)list Integrated Report Data,BasinSummAMSCoalit1418and1718,
https://files nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2020/2020_DATA.zip.
28 N.C.Dep't of Env't and Nat.Res.,Responsiveness Summary on the Draft 2008 303(d)(Category 5)List
Submitted April 1, 2008, at 13,https://files.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/Draft%
26Revised2008ResponseSummaries.pdf,Attach.6.
29 Id.;N.C.Dep't of Envtl.Qual.,North Carolina 2020 Draft 303(d)List Public Comment Responsiveness Summary
Submitted June 3,2021, at 51,https://deq nc.gov/media/20453/download(the trout waters temperature standard
"applies in its entirety to the evaluation of heated discharges").
7

Temperature: not to exceed 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) for mountain
and upper piedmont waters and 32 degrees C (89.6 degrees F) for lower piedmont
and coastal plain waters; the temperature for trout waters shall not be increased by
more than 0.5 degrees C (0.9 degrees F)due to the discharge of heated liquids,but
in no case to exceed 20 degrees C (68 degrees F).
15A N.C. Admin. Code 2B .0211(18) (emphasis added). This standard embeds two prohibitions,
only the first of which is dependent on the presence of thermal dischargers. The first prohibition
is that thermal dischargers may not increase stream temperature by more than 0.5°C. For
example,heated discharges that cause stream temperatures to increase from 17 to 18°C are not
allowed. The second prohibition is that stream temperatures shall "in no case"—i.e., under no
circumstances—exceed 20°C. The second prohibition is not dependent on the presence of
thermal discharges but provides a temperature threshold that shall not be exceeded"in any case."
This is consistent with the grammatical structure of the standard,which consists of two
1 the of heated liquids, is separated from the second
clauses. The first clause, related to q p
by a comma and a"but."The comma indicates a break from the preceding language. And use of
"but"indicates that the second clause applies "notwithstanding"the first.30 In other words,
notwithstanding the limit on temperature increases caused by thermal discharges,the temperature
shall"in no case"exceed 20°C.
The first half of the general surface-water temperature standard lends even more
contextual support for enforcing the 20°C limit regardless of whether thermal point source
discharges are present. The full standard starts by setting a delta limit applicable to thermal
discharges: Temperature may not be increased by more than 2.8°C above baseline.31 It then
immediately pivots to a limit applicable to all waters: Temperatures are"in no case to exceed"29
or 32°C, depending on location. The trout waters standard is functionally identical: It sets a delta
limit applicable to thermal discharges—temperature may not be increased by more than 0.5°C—
then immediately pivots to a limit applicable to all trout waters: temperatures are"in no case to
exceed 20 degrees C."DEQ does not suggest that the 29 and 32°C limits only apply to thermal
point source discharges. Given this context, DEQ cannot say that functionally identical language
in the 20°C limit commands a completely different result.
Understanding the 20°C limit to apply regardless of the presence of thermal point source
dischargers is also the most logical interpretation of the trout waters temperature standard. Trout
waters are subject to a more stringent temperature standard because high stream temperatures are
lethal to trout. It makes little sense to subject trout to high stream temperatures attributable to
so But,Merriam Webster(I 1 th ed.2003),https://www merriam-webster.com/dictionary/but.
31 Although this clause does not itself mention discharges of heated liquids,DEQ interprets this standard to prohibit
thermal dischargers from increasing water temperatures by more than 2.8°C.See,e.g.,Dep't of Envtl.Quality,
NPDES Permit NC0000396 at 5(Apr.9,2020),https://files nc.gov/ncdeq/Coal%20Ash/2020-actions/NC0000396-
Final-Permit.pdf.EPA also understands the 2.8°C limit to apply to thermal discharges.See EPA,NC Thermal
Water Quality Standards,https://www.epa.gov/sites/default/files/2014-12/documents/nc-thermal-wqs.pdf("The rule
limits thermal discharges to 2.8 degrees C(5.04 degrees F)above the natural water temperature and includes further
restrictions based on geographic regions of the state").
8

nonpoint source discharges but prohibit the same increases in temperature attributable to point
source discharges. To the contrary,the standard applies regardless of whether the pollution is
caused by point or nonpoint sources.
Second, DEQ's interpretation cannot be squared with the requirements of the CWA. As
discussed above, the CWA requires states to identify designated uses for waterbodies and then
set criteria to protect those uses. See 40 C.F.R. § 130.3. "Water quality standards reflect a state's
designated uses for a water body and do not depend in any way upon the source of pollution."
Pronsolino, 291 F.3d at 1137. DEQ's interpretation turns this on its head by arguing that
application of North Carolina's trout waters temperature standard—and therefore protection of
designated uses—turns on whether pollution is coming from point sources. North Carolina could
not promulgate, and EPA could not approve,a water quality standard that restricts point source
temperature pollution but allows unlimited nonpoint source temperature pollution to enter a
stream because that standard would not protect the designated uses of the waterbody. North
Carolina state law reaches this same conclusion: "[W]ater quality standards relate to the
condition of waters as affected by the discharge of sewage, industrial wastes, or other wastes
including those from nonpoint sources and other sources of water pollution." 15A N.C. Admin.
Code 02B .0205 (emphasis added).
Neither can DEQ argue that its trout waters temperature standard applies to point and
nonpoint sources generally except in the 303(d)context where only point source discharges are
relevant. States must list waterbodies on 303(d) lists that are exceeding water quality standards
regardless of"whether a water body receives pollution from point sources only,nonpoint sources
only, or a combination of the two."Pronsolino,291 F.3d at 1132-33. This is consistent with
EPA's"long-standing interpretation of section 303(d)"that the "listing requirement applies to
waters impaired by point and/or nonpoint sources."32 Specific to temperature, EPA has
previously advised that:
[W]aterbodies that do not meet an applicable State water quality criterion for
temperature or a designated use due to temperature should be listed. Listing is
appropriate because the applicable water quality standard is not met.Heat,the cause
of the impairment, is defined as a "pollutant" under section 502(6) of the Clean
Water Act and can be allocated. It is immaterial to the listing decision whether the
source of the temperature-related impairment is a thermal discharge or solar
radiation.Both are sources of heat,and the heat can be allocated through the TMDL
process.33
32 U.S.Envtl. Protection Agency,Decision Document for the Approval of the North Carolina Department of
Environmental Quality 2018 Section 303(d)List at 4(May 22,2019),
https://files nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2018/20190522-NC-208-303d-Approval-
Package.pdf.
33 U.S.Envtl.Protection Agency,National Claming Guidance for the 1998 State and Territory Section 303(d)
Listing Decisions at 5,https://www.epa.gov/sites/production/files/2015-I0/documents/lisgid.pdf,Attach.7.
9

Indeed, EPA recently prepared a TMDL to address exceedances of temperature water
quality standards promulgated to protect salmon and steelhead in the Pacific Northwest.34 That
analysis noted, as an example,that"temperature TMDLs typically identify loss of riparian shade
as a nonpoint source of heat."35
In short, to comply with the CWA,North Carolina may not 1) interpret its trout waters
temperature standard as only applicable to temperature increases caused by point source
discharges or 2)otherwise exclude effects from nonpoint source discharges when preparing
303(d)lists.
Third, DEQ's interpretation of the trout waters temperature standard as only relating to
temperature increases attributable to thermal point source discharges is inconsistent with how
DEQ and other state agencies apply the standard outside of the 303(d)context. For instance,the
North Carolina Forest Service has promulgated"performance standards for the protection of
water quality during silvicultural activities."2 N.C. Admin. Code 60C.0 101. One performance
measure requires "[s]hade . . . [to] be retained to protect [perennial] streams from temperature
fluctuations that result in a violation of a water quality standard of the Environmental
Management Commission as contained in Rule 15A NCAC 2B.0211."Id. 60C.0208 (emphasis
added).36 While the performance measure is not specific to trout waters, it shows that the North
Carolina Forest Service understands that nonpoint source pollution can cause a violation of
stream temperature water quality standards.
Elsewhere, DEQ itself has confirmed that the 20°C trout waters temperature standard is
an absolute prohibition regardless of whether a stream is heated by point or nonpoint source
discharges. With funding from EPA, DEQ completed a study in 2013 to assess risks to streams
from headwater impoundments.37 There, DEQ confirmed that trout waters"have a maximum
allowable [temperature] value of 20°C."38 The study ultimately found that"[d]esignated trout [ ]
waters showed extremely high levels of exceedences [sic] of the 20°C maximum"with no
discussion of whether those exceedances were attributable to point or nonpoint source
discharges.39
Finally, and most significantly, DEQ has filed enforcement actions against private
landowners for causing exceedances of the trout waters temperature standard even when no
thermal point source discharges were involved. These enforcement actions thus relied on an
34 See U.S.Envtl. Protection Agency,Columbia and Lower Snake Rivers Temperature Total Maximum Daily Load
(Aug. 13,2021),https://www.epa.gov/system/files/documents/2021-08/tmdl-columbia-snake-temperature-
08132021.pdf,Attach.8.
35 Id.at 33 n.9(emphasis added).
36 See also North Carolina Forestry Best Management Practices Manual to Protect Water Quality,
https://www.ncforestservice.gov/publicationsBMP2021/2021 NCFSBMPManual.pdf.
37 See N.C.Dept'of Env't Qual,Assessing Impacts Due to Small Impoundments in North Carolina to Support 401
Certification Policies(Feb.28,2013),http://www.ncwetlands.org/wp-content/uploads/Impacts-Due-to-Small-
impoundments-2013-report.pdf,Attach.9.
38 Id.at 23.
39 Id.at 41.
10

interpretation of the temperature standard DEQ has sought to disclaim in the 303(d) listing
context.
On June 30, 2021, DEQ issued a Notice of Violation to a landowner in Surry County,
North Carolina, for violations of water quality standards stemming from widespread clearing of
forested lands. DEQ did not allege that the clearing activities resulted in a point source discharge
but did state that:
Title 15A North Carolina Administrative Code 2B .0211 (18) requires
"Temperature:not to exceed 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) for mountain
and upper piedmont waters ...; the temperature for trout waters shall not be
increased by more than 0.5 degrees C(0.9 degrees F)due to the discharge of heated
liquids, but in no case to exceed 20 degrees C (68 degrees F);" Forested buffers
adjacent to streams are important measures in regulating water temperature of
streams,particularly in shallow tributaries as exists on the subject Parcels. Clearing
of the vegetated buffers may results in increased temperatures of surface waters
draining to Ramey Creek and Big Pine Creek. Temperature field readings collected
by DWR staff on June 28, 2021 constitute violations of NC Water Quality
Standards 40
The landowner failed to rectify the violations and on August 6, 2021, DEQ filed a
Verified Complaint and Motion for Preliminary Injunctive Relief in Surry County Superior
Court.41 The Complaint states:
Forest buffers adjacent to streams are important measures in regulating water
temperature of streams. Clearing of the vegetated buffers may result in increased
temperatures. In Trout Waters, the temperature is not to, in any case, "exceed 20
degrees C(68 degrees F)." 15A NCAC 2B .0211(18).42
The Verified Complaint continued by explaining that on "June 28, 2021, [DEQ] staff
conducted water quality sampling. [DEQ]'s water quality samples show several temperature
exceedances above the maximum allowable temperature of 20°C. 15A NCAC 2B .0211(18)."43
It explained that"clear-cutting trees near the border of streams removes shade and can cause
water temperature to exceed the regulatory limit for trout waters." Shade removal is not a point
source thermal discharge,though DEQ still recognized that it could contribute to violations of
the temperature standard for trout waters.44 The Verified Complaint concluded by alleging that
4°Attach. 10(emphasis added).On October 5,2021,DEQ issued a Notice of Continuing Violation related to
activities on the same parcels of land and stating more explicitly that"[t]emperature readings above 68 degrees. . .
[constitute]violations of NC Water Quality Standards."Attach. 11.Sixty-eight degrees is the maximum temperature
allowed in classified trout waters.
41 Attach. 12.
4'Id.at¶ 15(emphasis added).
43 Id.at¶43.
44 Id.
11

the landowner remained in violation of North Carolina's water quality laws, including the
temperature standard applicable to trout streams, and asking the court to order the landowner to
prepare a"Temperature Restoration Plan"to"restore streams to the proper temperature for
trout."45
We applaud DEQ for taking action to resolve the water quality violations in Surry
County. But the enforcement action removes any doubt that DEQ understands the trout waters
temperature standard to apply in situations where thermal point source discharges are not present
and to prohibit all exceedances of the 20°C temperature standard. DEQ cannot take the opposite
position now as it compiles its 2022 303(d) list. It must list streams as impaired where data
shows the streams exceeding the trout waters temperature standard consistent with DEQ's listing
methodology.
F. Point source dischargers are present on or upstream of several North Carolina trout
streams exceeding the trout waters temperature standard.
Based on this faulty application of the trout waters temperature standard when compiling
past 303(d) lists, DEQ has listed some trout streams as"Category 3a"in its 2022 Draft Integrated
Report.46 Category 3a is reserved for instances"where data are insufficient to determine if a
parameter is meeting or exceeding criteria.s47 Presumably,these streams have been listed under
Category 3a because DEQ did not assess the presence of thermal point source dischargers when
compiling its 303(d) list and, because it interpreted the standard to only apply when a thermal
point source discharger was present,concluded it had insufficient data to know whether the
standard was exceeded. As explained above, this interpretation of North Carolina's temperature
standard for trout waters is inconsistent with the CWA and DEQ's application of the standard
outside of the 303(d)arena. But even under DEQ's incorrect interpretation of the standard, DEQ
should have listed more segments because point source dischargers are, in fact, present on or
upstream of multiple segments exceeding the trout waters temperature standard. The list
provided below is not comprehensive and was compiled using information available on DEQ's
"Online GIS Permits Map."48 It also does not encompass general NPDES permits.
Data relevant to the French Broad River(AU ID 10925) is collected at monitoring station
E0150000. That data shows a 25%exceedance rate of the trout waters temperature standard at
99%confidence level.49 NPDES Permit Nos. NC000031 1,5°NC0021946,51 NC0024295,52
as Id.at¶¶52-56;Prayer for Relief¶2.
46 See, e.g.,2022 Integrated Report,Little River(AU ID 538)(listed as Category 3a for trout waters temperature
standard).
4'N.C.Dep't of Envtl.Quality,20201ntegrated Report Category Assignment Procedure at 5,
https://deq.nc.gov/media/17840/download.
48 See https://data-ncdenr.opendata.arcgis.com/apps/ncdenr::permits-map/explore
49 Supra note 24.
so Attach. 13.
51 Attach. 14.
52 Attach. 15.
12

NC008622353 all appear to discharge into or upstream of this stream segment. None of these
permits impose limits, aside from monitoring requirements, related to temperature except Permit
No.NC0000311,which states that the"temperature of the effluent shall be such as not to cause
an increase in the temperature of the receiving stream of more than 0.5°C and in no case cause
the ambient water temperature to exceed 20°C."
Data relevant to the Horsepasture River(AU ID 10512) is collected at monitoring station
H6000000. That data shows a 20%exceedance rate of the trout waters temperature standard with
93%confidence.54 NPDES Permit Nos. NC005942155 and NC005943956 discharge into,
upstream, or into tributaries upstream of this stream segment. Neither of these permits imposes
limits related to temperature except for monitoring requirements.
There are two monitoring stations on the North Toe River(E7000000 and E8100000).
They both show greater than 10%exceedance of the trout waters temperature standard at greater
than 90%confidence leve1.57 Multiple hard rock mines discharge into the North Toe River.
These mines have some combination of general permits, NPDES stormwater permits, and
NPDES wastewater permits including but not limited to NPDES Permit Nos. 0000175, 0000361,
0084620,58 0085839, 0000400, and 0000353.59 None of these wastewater permits appear to
impose any limitation related to temperature beyond monitoring. NPDES Permit No. 0021423
also discharges into the North Toe River and lacks requirements related to temperature beyond
monitoring.60
The single monitoring station on the Valley River(F4000000) also documents 25%
exceedance of the trout waters temperature standard with 97%confidence.61 NPDES Permit No.
NC0020800 discharges into the Valley River and includes no limitation on temperature
discharges beyond monitoring.
In conclusion, DEQ has for too long ignored its obligation to include on its 303(d) list
stream segments that are exceeding the temperature standard applicable to trout waters. DEQ's
data shows this standard has been exceeded more than 10%of the time at greater than 90%
confidence level on multiple trout waters that DEQ has refused to list as impaired. These
exceedances may be attributable to a combination of point and nonpoint source discharges. DEQ
must list these streams as impaired on its 303(d) list as a first step towards addressing these
exceedances.
53 Attach. 16.
54 Supra note 24.
55 Attach. 17.
56 Attach. 18.
57 Supra note 24.
58 Attach. 19
59 Attach.20.
60 Attach.21.
b1 Supra note 24.
13

III. DEQ must explain how it assesses compliance with narrative water quality
standards.
When preparing its 303 d) list
, DEQ must list those waterbodies for which existing
requirements"are not stringent enough to implement any water quality standards applicable to
such waters"including water quality standards based on"narrative criteria."40 C.F.R. §
130.7(b). DEQ's draft 2022 303(d) list and listing methodology fail to disclose how narrative
criteria are considered in the 303(d)process. DEQ must correct this oversight.
Of particular importance,North Carolina's toxic substances standard requires that"the
concentration of toxic substances, either alone or in combination with other wastes, in surface
waters shall not render waters injurious to aquatic life or wildlife,recreational activities,public
health, or impair the waters for any designated uses." 15A N.C. Admin. Code 2B.0208(a).
Compliance with this standard is critical especially for emerging contaminants, such as per- and
polyfluoroalkyl substances("PFAS"), for which DEQ has yet to promulgate a numeric water
quality standard. EPA recently recognized PFAS as"an urgent public health and environmental
issue facing communities across the United States."62 And DEQ has recognized that PFAS "meet
the definition of`toxic substance'under North Carolina law.63 DEQ must disclose how it is
applying its narrative toxic substances water quality standards to ensure that waterbodies
contaminated by PFAS (and other emerging contaminants that lack numeric water quality
criteria) are properly listed on the state's 303(d) list.
IV. DEQ's delisting methodology remains statistically unsound.
For several years, multiple groups have pointed out flaws in DEQ's delisting
methodology. Those concerns remain, and we incorporate previous comments by reference
here.64
Briefly, North Carolina's methodology for delisting waters that are impaired for non-
toxic pollutants is flawed because it fails to reverse the null hypothesis used for listing decisions.
Stated differently,while it is appropriate to complete statistical analysis assuming stream
segments are not impaired when evaluating whether a segment should be listed,that assumption
must be reversed when evaluating whether a segment should be delisted because already listed
segments must be presumed impaired until proven otherwise. Instead,DEQ applies the same
method for both listing and delisting—whether waterbodies exceed criteria more than 10%of the
time with more than 90% confidence—and attempts to cure the imbalance in statistical
confidence by adding a second step to its delisting decisions. But this second step fails to cure
62 EPA,PFA Strategic Roadmap:EPA's Commitments to Action 2021-2024,at 1,available at
https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap_final-508.pdf.
63 Amended Complaint,N.C.Dept. of Environmental Quality v. Chemours, 17 CVS 580,32(N.C. Super.2018),
Attach.22(stating that"the process wastewater from[Chemours']Fluoromonomers/Nafion®Membrane
Manufacturing Area contains and has contained substances or combinations of substances which meet the definition
of`toxic substance'set forth in 15A N.C.A.C.2B.0202,"referring to GenX and other PFAS).
See Letter from Spencer Scheidt,SELC,to Andy Painter,DEQ at 1-9(Apr.2,2021),Attach.23.
14

the fundamental flaw with the analysis—failure to reverse the null hypothesis—and allows DEQ
to remove impaired waterbodies from the list with less statistical confidence than required to list
them in the first place.
At the second step, DEQ allows previously listed waters with an exceedance rate greater
than 10%with but less than 90%statistical confidence to be delisted"if there are less than 2
excursions of the criterion in newer data that have not been previously assessed."65 For those
previously listed waters with less than a 10%exceedance rate,waters are delisted"if there is
greater than 40%statistical confidence that there is less than a 10%exceedance of the criterion
or if there are less than 3 excursions of the criterion in newer data that have not been previously
assessed."66 On their own, these exceedance limits are arbitrary and fail to account for sample
size. They also fail to bring the delisting methodology to the 90%confidence level required for
sound statistical analysis.67
This has real consequences. The Cane River is an important trout stream and is also home
to the endangered Appalachian elktoe mussel, both of which are threatened by turbidity and
sediment deposition. In 2018, the Cane River was listed as impaired for turbidity. For the 2020
303(d) listing cycle, DEQ assessed data from forty-nine sampling events, eight of which
demonstrated violations of the turbidity standard.68 Applying DEQ's listing methodology this
translates to a 16.3%exceedance level with 88.8%confidence,just shy of the required 90%. Had
DEQ appropriately reversed the null hypothesis, these same numbers would translate to a
delisting decision confidence level of 5.2%.69 Yet because the Cane River had a greater than
10%exceedance rate with just under 90%confidence,DEQ moved to step two of its delisting
methodology to consider whether"there are less than 2 excursions of the criterion in newer data
that have not been previously assessed."Of the sixteen newer samples related to the 2020 303(d)
list, only one demonstrated an exceedance of the turbidity standard, leading DEQ to delist the
Cane River to Category 3a(insufficient data).Notably, DEQ would have needed to show one
exceedance out of at least thirty-eight samples to reach a 90%confidence level for its delisting
decision based on this "newer"data only.
This 303(d)-listing cycle, the"newer data"under DEQ's methodology shows the Cane
River was sampled eleven times and two of those samples exceeded the water quality standard
for turbidity—an exceedance rate of 18%.70 Thus the Cane River continues to exceed water
65 N.C.Dep't of Envtl.Quality,2022 303(d)Listing and Delisting Methodology at 4(May 13,2021),
https://deq.nc.gov/media/19374/download.
66 Id.
67 Any"statistical conclusion that has a confidence level of less than 90%is considered not acceptable by most
statistics practitioners."Pi-Erh Lin,Duane Meeter,&Xu-Feng Nui,A Nonparametric Procedure for Listing and
Delisting Impaired Waters Based on Criterion Exceedances at 7(2000),
https://www.waterboards.ca.gov/water issues/programs/tmdl/records/state_board/2003/ref1 913.pdf.
68 See N.C.Dep't of Envtl.Quality,Div.of Water Res.,BasinSummAMSCoalit1418and1718[hereinafter"2020
Data"],https://files nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2020/2020_DATA.zip.
69 The delisting"level of confidence"was calculated using the Excel BINOM.DIST function: 1-
[BINOM.DIST(#exceedances,#samples, 10%exceedance rate,TRUE)].
70 Supra note 24.
15

quality standards more than 10%of the time,but DEQ proposes to keep it listed under Category
3a based on its faulty delisting methodology. Had DEQ used a statistically sound delisting
approach, the Cane River would never have been removed from the impaired list in the first
instance and the reasons for its turbidity impairment should have been assessed and mitigated
through preparation of a TMDL. Instead, it continues to routinely exceed water quality standards
but remains indefinitely listed in Category 3a to the detriment of species like Appalachian elktoe
that require cool,clean water to survive.
DEQ also relies on the 10%exceedance rate to assess impairment for toxic pollutants. As
EPA has explained, this approach is inappropriate for toxics.71 Nevertheless, DEQ has never
"provided a scientifically defensible rationale to support [its] Listing Methodology for toxics."72
DEQ has failed to do so again as part of its draft 2022 303(d) list. During each of the past four
303(d)cycles EPA has rejected DWR's toxics findings and independently reviewed North
Carolina's water quality data to determine whether all waterbody impairments were identified—
it will be required to do so again in 2022.
V. DEQ must collect data at times and locations that reveal the full extent of
pollution.
Finally,we reiterate and incorporate the concerns raised by several groups in comments
on the 2020 303(d) list related to deficiencies in DEQ's monitoring network and sampling
approach.73 Specifically, an ambient monitoring program that samples at arbitrary intervals and
allows sampling to be delayed for"bad weather"with no limitation is likely to underreport
exceedances for pollutants like turbidity. DEQ's ambient monitoring locations also appear to
avoid some of the most problematic areas,resulting in underreporting pollution and unjustified
delistings. We are mindful of limitations in agency resources and competing agency priorities,
but we encourage DEQ to work to develop a more representative monitoring network.
VI. Conclusion
We appreciate the opportunity to submit comments on North Carolina's draft 2022
303(d)list. We request a meeting with DEQ to discuss the trout waters temperature standard. In
particular,we would like to better understand DEQ's position regarding application of the
standard and discuss ways to mitigate rising temperatures in trout streams.
71 U.S.Envtl. Protection Agency,Decision Document for the Partial Approval of the North Carolina Department of
Environment Quality 2016 Section 303(d)List at 12(Dec.8,2016),
https://files nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2016/NC2016_303dDecisionPackage20161208
%20%28003%29.pdf.
72 Id.at 22.
73 See supra note 64 at 15-17.
16

Sincerely,
14-
Patrick Hunter
Managing Attorney
[e-mail]
Susannah Knox
Senior Attorney
sknox(a,selcnc.org
cc via email only:
Lauren Petter, EPA Region 4,[e-mail]
17

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PUBLIC NOTICE
N.C.DEPARTMENT OF ENVIRONMENTAL QUALITY INTENT
TO ISSUE NPDES WASTEWATER DISCHARGE PERMIT#NC0006564
Public comment or objection to the draft modification is invited.All corn-
ments received by October 3,2022,will be considered in the final determi-
nation regarding permit issuance and permit provisions.
PERMIT APPLICATION
The Baxter Health Corporation,[65 Pitts Station Rd,Marion,NC 28752],
has applied for a Major Modification of its NPDES wastewater permit
(NC0006564),McDowell County.The facility discharges treated process
and sanitary wastewater to North Fork Catawba River in the Catawba Riv-
er basin.Some parameters are water quality limited.This discharge may
affect future allocations in this portion of the Catawba River basin.The lo-
cation of Outfall 001 is:Latitude:35°50'10":Longitude:82°00'01".
Printed copies of the draft modification and related documents may be re-
viewed at the department's Asheville Regional Office.To make an appoint-
ment to review the documents,please call 828-296-4500.
Public comment on the draft modification should be mailed to:
Wastewater Permitting,
1617 Mail Service Center,Raleigh,N.C.,27699-1617.
Public comments may also be submitted by email to:
pu131iccQmmentS4ncdenrgQy .Please be sure to include"Baxter"in the
email's subject line.
Publish:September 1,2022.