The Environmental Protection Agency’s (EPA) Atlanta office in a letter sent February 22 to the NC Division of Water Quality and others formally objected to the NC Division of Water Quality’s (DWQ) wastewater permit for the Blue Ridge Paper Products’ Canton mill.

The letter calls for stronger regulation of color and temperature in discharges to the Pigeon River, as well as other water quality issues. If NC does not resubmit an adequately revised permit within 90 days, EPA will claim authority over the permit as allowed under the Clean Water Act of 1972. EPA’s objection comes two days before the end of the state’s public comment period for the draft wastewater permit.

Under the Clean Water Act, EPA has ultimate authority over all National Pollutant Discharge Elimination System (NPDES) permits, which are “delegated” to be administered by state agencies. The Canton mill stands as one of the few examples of EPA exercising its right to take back authority over a permit from a state, which it did in the 1980s to force a swifter cleanup of the Pigeon River.

Under the Clean Water Act, EPA has ultimate authority over all National Pollutant Discharge Elimination System (NPDES) permits, which are “delegated” to be administered by state agencies. The Canton mill stands as one of the few examples of EPA exercising its right to take back authority over a permit from a state, which it did in the 1980s to force a swifter cleanup of the Pigeon River.
In comments submitted also to the EPA and Tennessee officials, Hope Taylor of Clean Water for NC says, “A commitment to fully restore the Pigeon River through an accountable and sustained regulatory effort would be a national symbol of a re-invigorated Clean Water Act. If DWQ continues to show unwillingness to support further progress in restoring the Pigeon River, we have no choice but to call for EPA to re-assume control in issuing this permit.”  Taylor’s organization is pleased to see strong action now from EPA, which had declined to object to the 2001 permit, despite requests from several groups.
EPA’s objection letter claims that the draft permit’s limits are insufficient to protect water quality in the Pigeon, citing a lack of reasonable annual color limits, temperature limits, and scheduled monitoring of dioxin in fish tissues below the mill in Waterville Lake. The letter reproaches the Division of Water Quality for misinterpretation of narrative state water quality standards and for writing the permit based on “the ability of the facility to meet the limit” rather than on protection of water quality.
However, some of EPA’s comments still concern groups working for a clean river. Hartwell Carson of the Western North Carolina Alliance said “We think that EPA overlooked the issue of daily temperature fluctuations in the river from the mill’s discharge, despite a hot release that that killed almost 8,500 fish. We think the EPA should require DENR to include a daily temperature limit, a much smaller difference between upstream and downstream temperatures, and added protections for low river flows.” Carson praised the effort of the EPA to do additional monitoring to determine what impact hot flows from the mill are having on the aquatic life in the river.
Advocates for cleanup of the river, including downstream communities in Tennessee who use the Pigeon for recreation, have been outspoken against this permit and are pleased to see they are not alone in their objections. Amelia Taylor, representing Clean Water Expected in East Tennessee, said “the state of Tennessee supports the rafting communities downstream in demanding continual improvements to water quality. This could be a great opportunity for progress and increased accountability, but we’ll be watching EPA to ensure that they, too, take the necessary actions to require the mill to fully restore the Pigeon River.”