NC0000272_Public Comments_20220401 (6)

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April 27, 2021
North Carolina Department of Environmental Quality
2090 U.S. 70 Highway
Swannanoa, North Carolina 28778-8211
RE: BLUE RIDGE PAPER: Permit Number: NC0000272
To Whom it May Concern:
In response to your request for public comments concerning the draft NPDES permit for
the above reference applicant, the Tennessee Scenic Rivers Association offers the
following. In addition, the organizations and businesses listed at the end of these
comments sign on and support these comments.
The Tennessee Scenic Rivers Association (TSRA) is a paddling organization based in
Nashville, Tennessee. Protecting clean water and free -flowing rivers in Tennessee is one
of TSRA's core missions. We represent approximately 600 members interested in
paddling rivers, cleaning up waterways, and generally protecting this vital resource within
our state. Many of our members paddle sections of the Pigeon River downstream from
Waterville, North Carolina to and beyond Hartford, Tennessee.
Since the Pigeon River flows into Tennessee from North Carolina, our organization is
keenly interested of upstream discharges into the river that may affect its water quality. It
is our organization's opinion some of the changes to the Blue Ridge Paper draft NPDES
permit will negatively impact the water quality of the river in Tennessee.
Below are our comments:
1. Color Variance
TSRA believes color is still objectionable in the Pigeon River in Tennessee.
Unfortunately, the draft permit proposes to eliminate the color variance. As stated
in "Conclusions/Recommendations" in the History of NPDES Permit for Blue Ridge
Paper, LLC, document, based in part on "the increased use of the river for
recreational purpose[s], and facility requested removal of the Color Variance
applicable to their permit," the color variance would be discontinued. The Division
believes that "the facility has achieved compliance with the intention of the NC
narrative water quality standard at 1 A-NCAC-02B-.0211 and is no longer eligible to
continue the variance."
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Ironically, North Carolina submits that the success of the color variance is grounds
for eliminating it, ignoring that additional improvement can and should be achieved.
The color variance has been the foundation for the continued health and
environmental improvement of the river over many years and there is continued
necessity for the variance. Removal of the color variance will simply kneecap the
river's further progress. It appears North Carolina has declared victory and gone
home when the battle is not yet won.
The NCEQ has a regulatory, fiduciary duty to protect the Pigeon River and the
proposed color variance removal will retard rather than enhance the water quality
parameter for color. The Division's rationale itself notes that EPA translated a
narrative standard to a numeric value for the Pigeon River in the early 1980's,
determining "an instream standard of 50 PCU (platinum -Cobalt units)." The
Division's rationale recognizes that "in absence of acceptable site -specific color
perception studies, North Carolina DEQ is forced to use 50 PCU as the de facto
instream color standard" (emphasis in original). The Division's proposal contradicts
the "de facto instream color standard" that its rationale recognizes and abrogates
EPA's color standard. This would be legally questionable. It is by utilization of the
50 PCU standard that there has been such remarkable success in cleaning up the
Pigeon River over the past several decades. The color standard has acted as a
safeguard and catalyst for the progress. If this mill is to keep discharging, the
color variance continues to be required under rules of the Clean Water Act
and so should not be removed.
2. The existing NPDES permit for this facility was issued in May 2010. Federal
regulations require these types of permits shall be reviewed and reissued at five
(5) year intervals. An eleven (11) year interval for review and public comment of
this permit is not acceptable. This delay in reissuance has not allowed for the
public to make timely comments about the allowable discharges from Blue
Ridge Paper Mill.
3. The 2010 NPDES permit calls for the papermill to submit reports to the State of
North Carolina detailing any spills associated with color within the plant or
proposed improvements at the facility. We respectfully request copies of these
reports for review and the required investigation of improved color removal
technology that was to be conducted once during the term of the permit.
4. The draft permit calls for an increase in withdrawal from the Pigeon River at the
plant from 29.9 mgd to 34 mgd. The summer 7Q10 at this location is 52 cfs (34
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mgd). The Town of Canton's water treatment plant can process up to 4.0 mgd.
This permit would allow the plant and Town to withdraw the entire flow from the
river during low flow conditions before discharging treated wastewater back into
the stream. This increase in flow withdrawal should not be permitted.
5. The proposed permit does not include maximum allowable concentrations for
BOD5, total suspended solids, total nitrogen and total phosphorus. This permit
should include these values in order to continue to protect the health of the
Pigeon River.
We appreciate your consideration of our comments. If you have any questions or need
additional information, please do not hesitate to contact us.
Sincerely,
TENNESSEE SCENIC RIVERS ASSOCATION
Sallie Barr, President
Cc: Ms. Jennifer Dodd, Division of Water Resources, TDEC
U.S. Environmental Protection Agency, Region IV
The following organizations and businesses sign on to these comments:
American Canoe Association
Andrea White
State Director for Tennessee
ACE Kayaking School
Joe Gudger and Morgan Cox, Owners
Ocoee, TN
Appalachian Paddling Enthusiasts
Jerry Smith, President
Johnson City, TN
Beaver Creek Kayak Club
Charlie Austin, President
Knoxville, TN
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Bluff City Canoe Club
Paul Beebe, President
Memphis, TN
Chota Canoe Club
David McConnell, President
Knoxville, TN
East Tennessee Whitewater Club
Tina Owens, President
Oak Ridge, TN
Harpeth Conservancy
Jim Redwine, Vice President and COO
Brentwood, TN
Nolichucky Outdoor Learning Institute
Scott Fisher, Founder
Erwin, TN
Tennessee Citizens for Wilderness Planning
Mark Bevelhimer, President
Knoxville, TN
Tennessee Environmental Council
Jeffrey Barrie, CEO
Nashville, TN
Tennessee Valley Canoe Club
Darren Caputo, President
Chattanooga, TN
West Tennessee Canoe and Kayak Club
Daniel Rogers, President
Humboldt, TN
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