NC0000272_Other Agency Documents_20241002

RESPONSES TO COMMENTS
Major Modification to Permit NC0000272
September 16, 2024

Comments from SELC

Comment:
DEQ has failed to justify the use of a mixing zone.
Response:
The mixing zone in the permit is a de facto determination of the mixing zone that existed in the permit for many years. This practice is consistently used throughout the state, the first
downstream sampling point identifies the size of the mixing zone unless modeling indicates otherwise. The existence of the mixing zone is allowed by state and federal rules since the
discharge must be completely mixed with the receiving stream prior to instream sampling to correctly determine instream concentration of the constituents. The existing mixing zone was
explicitly incorporated into the permit in 2022.

Comment:
While this is true of all pollutants, it is particularly important that DEQ require Blue Ridge Paper to disclose the presence of any PFAS in its WWTP influent.

Response:
The mill representative informed the DWR that PFAS compounds are not used in the manufacturing process. However, PFAS compounds are ubiquitous in the surface waters due to their wide
use in kitchen utensils, clothing, furniture, food wraps, firefighting foams, etc. Therefore, some PFAS might be coming from the Town of Canton that is unrelated to the legacy manufacturing
wastewater.

However, the semi-annual PFAS monitoring will be added to the Final Major Modification to determine the impact of Municipal PFAS effluent.

Comment:
The permit may not authorize discharges of groundwater remediation wastewater.

Response:
The applicant submitted the revised EPA Form 2C in August 2024 that included updated effluent concentrations. These concentrations are based on the inclusion of the treated recovered
groundwater in the future effluent. This procedure meets all the requirements of the state and federal rules and regulations.

Comment:
DEQ must require Blue Ridge Paper to disclose the pollutants in its WWTP influent.

Response:
The applicant submitted the completed EPA Form 2C in May 2024 that included all required effluent concentrations, including wastewater from the Town of Canton and landfill leachate.

Comment:
DEQ must evaluate and impose technology-based effluent requirements.

Response:
The TBELs (secondary treatment requirements) for municipal wastewater are already incorporated into permit in accordance with 40 CFR 133.102. This facility is essentially a municipal
treatment plant with a minor contribution from industrial sources.

Comment:
DEQ’s assessment of water quality-based effluent limits is unlawful.

Response:
The Division made the permitting decisions including Reasonable Potential Analysis (RPA) based on the amended applications submitted in May 2024 and August 2024.

The Division conducted EPA-recommended analyses to determine the reasonable potential for toxicants to be discharged at levels exceeding water quality standards/EPA criteria by this
facility. For the purposes of the RPA, the background concentrations for all parameters were assumed to be below detection level. The RPA uses 95% probability level and 95% confidence
basis in accordance with the EPA Guidance entitled “Technical Support Document for Water Quality-based Toxics Control.” The guidance authorizes the use of a single sample to conduct
RPA.

In addition, the DWR will require submission of the new EPA Form 2C within 180 days from the effective date of the permit to conduct an additional analysis of the discharge.

Comment:
The draft permit violates the anti-backsliding provisions of the Clean Water Act.
Response:
The facility has undergone substantial changes from an industrial wastewater treatment plant to essentially a municipal wastewater treatment plant. Therefore, the anti-backsliding provisions
of the Clean Water Act do not apply.

Comment:
DEQ may not authorize the proposed modification without an Engineering Alternatives Analysis (EAA).
Response:
The EAA is only required for new or expanding discharges, this modification does not meet these requirements.

Comments from Town of Canton

Comment:
In the "Supplement to the Permit Cover Sheet," (page 3 of 9), we request the following revisions to the description in paragraph #1.
"Continue operation of a 4.9 MGD wastewater treatment plant for the treatment of wastewater associated with the Blue Ridge Paper Products Inc. pulp and paper mill, landfill leachate,
the Town Of Canton’s / municipal wastewater, stormwater runoff, and recovered /contaminated groundwater, black liquor, and fuel oil associated with the EPA Administrative Settlement
Agreement and Order on Consent for Removal Action [AOC] (CERCLA Docket No. CERCLA-04-2024-7000)."
Response:
The changes will be incorporated into the final permit.
Comment:
The Town is in general agreement to reduce the flow limit to 4.90 MGD with the understanding that the lower flow limit will allow operational cost savings to due to less staffing requirements.
However, a capacity analysis should be performed to confirm that the WWTP will adequately service the Town of Canton's current flow of 1.0 to 1.2 MGD, allow for future growth of the
Town, and be sufficient to treat the other known inflows described in Comment 1.
Response:
The Town is not limited to the flow of 1.0 – 1.2 MGD. The Division believes that the proposed flow limit of 4.9 MGD will be adequate to cover the flow demands for the new owner and the
Town of Canton. If the flow demands grow beyond the existing flow limit, the Town or the new owner can request a Major Modification to increase the flow limit.
Comment:
The Town of Canton understands that the stormwater from the Canton Mill is currently being treated by the WWTP and that this process will continue.
Response:
The Division has the same understanding.
Comment:
A provision should be added to Section A. (8.) Major Modification Application which requires that the permittee also submit any Major Modification Application to the Town of Canton for
review.
Response:
The Division has no jurisdictional authority to require the permittee to submit the requested document to the Town of Canton. However, the Division will send an electronic version of
the EAA to the Town of Canton when it becomes available. This information will also be made available via the State’s Electronic Document Management System at: https://edocs.deq.nc.gov/WaterResource
s/Welcome.aspx?dbid=0&repo=WaterResources&cr=1.

Comment:
A provision should be added to Section A. (8.) Major Modification Application which requires that the permittee also submit any Major Modification Application to the Town of Canton for
review.

Response:
The Division has no jurisdictional authority to require the permittee to submit the requested document to the Town of Canton. However, the Division will send an electronic version of
the Major Modification Application to the Town of Canton when it becomes available. This information will also be made available via the State’s Electronic Document Management System
at: https://edocs.deq.nc.gov/WaterResources/Welcome.aspx?dbid=0&repo=WaterResources&cr=1.

Comment
The Town of Canton requests that the DEQ approve any change in ownership, operation, and effluent limits to ensure protection of human health and the environment and that the Town of
Canton be notified of the request in change of Ownership upon receipt of an application for Ownership change by DEQ.

Response:
The Change in Ownership will be processed by the Division when all the required documentation from the permittee is received. The Division will notify the Town of Canton when this change
request is processed. This information will also be made available via the State’s Electronic Document Management System at: https://edocs.deq.nc.gov/WaterResources/Welcome.aspx?dbid=0&repo=WaterRes
ources&cr=1.

Comment:
The draft permit removes most requirements for instream sampling. The Town of Canton requests that applicable instream sampling, both upstream and downstream, be included in the revised
permit. This sampling will be critical to the Town of Canton, new Owners of the Canton Mill WWTP and to DEQ to make informed scientific based decisions on future modifications of the
WWTP as well as options for the Town of Canton to provide treatment of wastewater generated and collected by the Town of Canton.
Response:
The Division will restore the Upstream monitoring for Fecal Coliform and DO in the final permit.