FACT SHEET FOR NPDES PERMIT WA

Emerald Kalama Chemical, LLC

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FACT SHEET FOR NPDES PERMIT WA0000281

EMERALD KALAMA CHEMICAL, LLC

July 1, 2009

PURPOSE of this Fact Sheet

This fact sheet explains and documents the decisions Ecology made in drafting the proposed 

National Pollutant Discharge Elimination System (NPDES) permit for Emerald Kalama 

Chemical, LLC. 

The Environmental Protection Agency (EPA) developed the NPDES permitting program as a 

tool to “restore and maintain the chemical, physical, and biological integrity of the Nation’s 

waters.” EPA delegated to Ecology the power and duty to write, issue, and enforce NPDES 

permits within Washington State. Both state and federal laws require any industrial facility to 

obtain a permit before discharging waste or chemicals to a water body.

An NPDES permit limits the types and amounts of pollutants the facility may discharge. Those 

limits are based either on (1) the pollution control or wastewater treatment technology available 

to the industry, or on (2) the receiving water’s customary beneficial uses. This fact sheet 

complies with Section 173-220-060 of the Washington Administrative Code (WAC), which 

requires Ecology to prepare a draft permit and accompanying fact sheet for public evaluation 

before issuing an NPDES permit. 

PUBLIC ROLE in the Permit 

Ecology makes the draft permit and fact sheet available for public review and comment at least 

thirty (30) days before issuing the final permit to the facility operator (Chapter 173-220-050

WAC). Copies of the fact sheet and draft permit for Emerald Kalama, NPDES permit 

WA0000281, are available for public review and comment from May 20, 2009 until the close of 

business June 19, 2009. For more details on preparing and filing comments about these 

documents, please see Appendix A - Public Involvement.

Before publishing the draft NPDES permit, Emerald Kalama, reviewed it for factual accuracy. 

Ecology corrected any errors or omissions about the facility’s location, product type or 

production rate, discharges or receiving water, or its history. 

After the public comment period closes, Ecology will summarize substantive comments and our

responses to them. Ecology will include our summary and responses to comments to this Fact 

Sheet as Appendix D - Response to Comments, and publish it when issuing the final NPDES 

permit. Ecology will not revise the rest of the fact sheet, but the full document will become part 

of the legal history contained in the facility’s permit file. 

Ha Tran prepared the permit and this fact sheet.
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TABLE OF CONTENTS

I. INTRODUCTION........................................................................................................................4

II. BACKGROUND INFORMATION............................................................................................5

A. Facility Description.........................................................................................................5

History......................................................................................................................5

Industrial Process.....................................................................................................6

Wastewater Treatment .............................................................................................7

Solid Wastes.............................................................................................................8

Discharge Outfall.....................................................................................................8

B. Permit Status ...................................................................................................................8

C. Summary of Compliance with Previous Permit Issued...................................................9

D. Wastewater Characterization ..........................................................................................9

E. Description of the Receiving Water ..............................................................................10

F. SEPA Compliance .........................................................................................................11

III. PROPOSED PERMIT CONDITIONS....................................................................................12

A. Design Criteria ..............................................................................................................12

B. Technology-Based Effluent Limits...............................................................................13

C. Surface Water Quality-Based Effluent Limits..............................................................15

Numerical Criteria for the Protection of Aquatic Life and Recreation..................15

Numerical Criteria for the Protection of Human Health........................................16

Narrative Criteria ...................................................................................................16

Antidegradation......................................................................................................16

Mixing Zones.........................................................................................................17

D. Designated Uses and Surface Water Quality Criteria ...................................................22

E. Evaluation of Surface Water Quality-Based Effluent Limits for Numeric 

Criteria ...................................................................................................................25

G. Whole Effluent Toxicity ...............................................................................................30

H. Human Health ...............................................................................................................31

I. Sediment Quality ............................................................................................................31

J. Ground Water Quality Limits.........................................................................................31

K. Comparison of Effluent Limits with Limits of the Previous Permit Issued on 

July 25, 2002..........................................................................................................32

IV. MONITORING REQUIREMENTS........................................................................................35

A. Lab Accreditation..........................................................................................................36

V. OTHER PERMIT CONDITIONS ............................................................................................36

A. Reporting and Recordkeeping.......................................................................................36

B. Non-Routine and Unanticipated Discharges.................................................................36

C. Spill Plan .......................................................................................................................37

E. Effluent Mixing Study...................................................................................................37

F. Outfall Evaluation..........................................................................................................37

G. Treatment System Operating Plan ................................................................................38
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H. Pollution Prevention Plan..............................................................................................38

I. Priority Pollutant Scan....................................................................................................39

J. General Conditions.........................................................................................................39

VI. PERMIT ISSUANCE PROCEDURES ...................................................................................39

A. Permit Modifications.....................................................................................................39

B. Proposed Permit Issuance..............................................................................................40

VII. REFERENCES FOR TEXT AND APPENDICES................................................................40

APPENDIX A–PUBLIC INVOLVEMENT INFORMATION.....................................................42

APPENDIX B - GLOSSARY........................................................................................................43

APPENDIX–C - TECHNICAL CALCULATIONS .....................................................................48

APPENDIX D - RESPONSE TO COMMENTS...........................................................................64
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I. INTRODUCTION

The Federal Clean Water Act (FCWA, 1972, and later amendments in 1977, 1981, and 1987) 

established water quality goals for the navigable (surface) waters of the United States. One 

mechanism for achieving the goals of the Clean Water Act is the National Pollutant Discharge 

Elimination System of permits (NPDES permits), administered by the federal Environmental 

Protection Agency (EPA). The EPA authorized the State of Washington to manage the NPDES 

permit program in our state. Our state legislature accepted the delegation and assigned the power 

and duty for conducting NPDES permitting and enforcement to Ecology. The legislature defined 

Ecology's authority and obligations for the wastewater discharge permit program in 90.48 RCW 

(Revised Code of Washington). 

Ecology adopted rules describing how it exercises its authority: 

Procedures Ecology follows for issuing NPDES permits (Chapter 173-220 WAC) 

Water quality criteria for surface waters (Chapter 173-201A WAC) and for ground waters 

(Chapter 173-200 WAC)

Sediment management standards (Chapter 173-204 WAC) 

Submission of Plans and Reports for Construction of Wastewater Facilities (Chapter 173-

240 WAC)

These rules require any industrial facility operator to obtain an NPDES permit before 

discharging wastewater to state waters. They also help define the basis for limits on each 

discharge and for performance requirements imposed by the permit. 

Under the NPDES permit program and in response to a complete and accepted permit application

Ecology must prepare a draft permit and accompanying fact sheet, and make them available for 

public review before final issuance. Ecology must also publish an announcement (public notice) 

telling people where they can read the draft permit, and where to send their comments, during a 

period of thirty days (Chapter 173-220-050 WAC). See Appendix A - Public Involvement for 

more detail about the Public Notice and Comment procedures. After the Public Comment Period 

ends, Ecology may make changes to the draft NPDES permit in response to comments. Ecology 

will summarize the responses to comments and any changes to the permit in Appendix D.
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II. BACKGROUND INFORMATION

Table 1 - General Facility Information

Applicant: Emerald Kalama Chemical, LLC

Facility Name and Address: Emerald Kalama Chemical, LLC

1296 Third Street Northwest

Kalama, WA 98625

Type of Treatment: Biological treatment and anaerobic pretreatment 

SIC Code: 2869 - Industrial organic chemicals

2865 - Cyclic organic crudes and intermediates and 

organic dyes and pigments

Discharge Location: Columbia River at Mile 74

Latitude: 46o 01' 18" N

Longitude: 122o 51' 35" W

Water Body ID Number: 1240014462974

A. Facility Description

History

Emerald Kalama Chemical, LLC (Emerald) operates an organic chemical manufacturing plant 

located in Kalama, Washington. The plant occupies a 140-acres property, 55-acres of which are 

developed for manufacturing. The plant borders the Columbia River to the west, Interstate 5 to 

the east, the wetland to the north, and RSG Forest Products to the south.

The Dow Chemical Company constructed the plant in 1962. The plant used toluene as raw 

material to produce phenol and other materials for the plywood industry. In 1971, three former 

Dow employees purchased the plant and renamed it Kalama Chemical. The owners expanded 

the production to specialty chemicals, which the plant produced using intermediates from toluene 

oxidation. 

The facility underwent several ownership transfers. Kalama Chemical sold the facility to a 

Canadian-based company, Rogers Sugar, Ltd in 1990. Ownership passed to Freedom Chemical 

in 1994, Noveon in 2001, and Lubrizol in 2004. Emerald Performance Materials purchased the 

plant and property from Lubrizol in May 2006 and renamed the plant Emerald Kalama. The 

plant ended phenol production in December 2006. 

The U.S. EPA classifies Emerald as a major NPDES facility. 
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Industrial Process

The chemical plant is in the Kalama Industrial Park on the east bank of the Columbia River. The 

plant receives its raw material, toluene, from ships at the dock and stores the toluene in tanks 

T-70 and T-71 prior to processing. The manufacturing process generates benzene, a by-product, 

which Emerald purifies and ships by railcars to benzene manufacturers. 

Emerald operates continuously and employs about 124 people. The plant currently manufactures

the following chemicals:

1. Benzoic acid

2. Sodium/potassium benzoate

3. Benzaldehyde

4. Plasticizers (dipropylene glycol dibenzoate, propylene glycol dibenzoate, and a blend of 

dipropylene glycol benzoate and diethylene glycol benzoate)

5. Benzyl alcohol

6. Hexyl cinnamic aldehyde

7. Hexanal, octanal, and decanal

8. Benzene

9. Cinnamic aldehyde

10. Benzyl benzoate

11. Amyl cinnamic aldehyde

12. Benzyl and dibenzyl amine

13. Benzyl acetate

14. Methyl cinnamic aldehyde

15. Butyl cinnamic aldehyde

Figure 1 - Aerial view of plant
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The food, flavor/fragrance and pharmaceutical industries use the chemical compounds the plant 

produces. Emerald ships its products out in railcars, tank trucks, drums, and dry bags. 

The previous permit considered the manufacturing of 237,000 tons of organic chemicals per 

year. By the end of 2006, Emerald has decreased its production to about 209,000 tons annually. 

Emerald shut down the phenol process and plans to increase the production of butyl cinnamic 

aldehyde, methyl cinnamic aldehyde, and hexyl cinnamic aldehyde. Following these changes, 

we expect plant production to be about 194,000 tons annually. 

Wastewater Treatment

The plant owner constructed the wastewater treatment system in 1975. The system uses

biological treatment, or activated sludge, to treat process wastewater. In 1978, the facility 

expanded the system by adding an anaerobic plant to pretreat the high strength acetic/formic 

acid-bearing waste streams. Effluent from the anaerobic plant enters the biological treatment 

plant for further treatment. 

The facility upgraded the treatment system between 1980 and 1995. The plant owner added a 

second aeration tank to biological treatment in 1980 and a second clarifier in 1985. In 1986, the 

facility added a dissolved air flotation (DAF) unit to treat bottoms from the clarifiers. In 1995, 

the facility added a larger aeration tank while converting the old aeration tank into an 

equalization unit; this upgrade also added a third clarifier to the system. The facility later 

installed the SOMAT and removed the DAF from use.

The treatment system currently handles:

Process wastewater.

Groundwater from remedial activities. 

Non-contact and contact storm water collected in dikes and sumps. 

Spills to containment areas.

The discharge consists of effluent from the biological treatment plant and non-contact cooling 

water. The facility has a pump house drawing cooling water from the Columbia. Non-contact 

cooling water, which does not go through the treatment plant, makes up about 98 percent of the 

discharge. Emerald combines the cooling water with the effluent into one basin and discharges it 

to the river.

Emerald has an Industrial Storm Water General Permit (ISWGP) for the discharge of the storm 

water from toluene tanks T-70 and T-71 containment areas (dikes) to outfall 003. The facility 

currently routes this storm water stream to the treatment plant and requests to incorporate the 

stream into the new NPDES permit. Ecology reviewed the storm water flow and characteristics. 

Based on the review, we determine that the storm water loading will not exceed the treatment 

system capacity. The NPDES permit will cover the treatment and discharge of storm water from 

T-70 and T-71 dikes to the Columbia River.

The permit will also cover the discharge of storm water in T-70 and T-71 dikes to the outfall 

003. There were no toluene spill to the dikes; Emerald has not discharged storm water to outfall 

003 in over five years. Sampling in permit application shows the storm water was below 
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benchmark levels in the ISWGP for pH, oil & grease, phosphorus, and BOD5 (Appendix C -

Table 26); bench mark levels are values at or below which the discharge is unlikely to cause a 

water quality violation. Based on the information, Ecology determined that monitoring for 

pollutants required in the ISWGP is adequate for outfall 003 discharge. We included monitoring 

of toluene and benzene due to potential spills to dikes, which serve as spills containment for 

toluene storage tanks T-70 and T-71. The permit will require the facility to immediately report 

any spills to T-70 and T-71 dikes.

Solid Wastes

The biological treatment system generates an average of 43 tons of waste sludge per week. A 

SOMAT unit, which runs the sludge through a press, dewaters the sludge to about 9 percent 

solids. The sludge is registered as a fertilizer with the Department of Agriculture. Emerald loads 

the sludge into the trucks and sends it to Fire Mountain Farms in Lewis County for land farming. 

Discharge Outfall

Outfall 001 extends about 170 ft into the Columbia River at a 45-degree angle to the flow. The 

submerged diffuser originally had a total of 756 ports along a 100-foot length at the end of the 

outfall pipe. In 1992, the facility modified the diffuser by plugging all ports in the onshore 50 ft 

of the pipe and all vertical ports on the remaining 50 ft. The diffuser is now 50 ft in length with 

about 300 functioning ports. The ports are 1.25 inch in diameter. The diffuser extends from a 

depth of about -25.25 ft to -45.5 ft mean sea level (MSL). The diffuser continuously discharges 

non-contact cooling water mixed with effluent from the biological treatment plant.

Emerald combines the effluent from the biological treatment plant (outfall 002) with non-contact

cooling water and discharges it at outfall 001.

B. Permit Status

Emerald submitted an application for permit renewal on December 8, 2007. Ecology requested 

additional information from Emerald on January 22, 2008. Emerald resubmitted the application 

on February 12, 2008. Ecology accepted the application as complete on February 14, 2008.

Ecology issued the previous permit for this facility on July 25, 2002. The previous permit placed 

effluent limits on the following:

Table 2 - Previous Permit: Effluent Limits

Outfall Parameter Units Average 

monthly

Maximum 

daily

001 Temperature oC - 40.7

002 5-day Biochemical oxygen demand (BOD5) lbs/day 104 277

002 Total suspended solids (TSS) lbs/day 127 412

002 Copper lbs/day 0.67 1.54

002 Nickel lbs/day 0.5 1.13

002 Zinc lbs/day 0.49 1.19

002 Phenol lbs/day 0.072 0.125

002 Bis(2-ethylhexyl) phthalate lbs/day 0.495 1.34
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Outfall Parameter Units Average 

monthly

Maximum 

daily

001 Temperature oC - 40.7

002 5-day Biochemical oxygen demand (BOD5) lbs/day 104 277

002 Total suspended solids (TSS) lbs/day 127 412

002 Copper lbs/day 0.67 1.54

002 Nickel lbs/day 0.5 1.13

002 Zinc lbs/day 0.49 1.19

002 Phenol lbs/day 0.072 0.125

002 Bis(2-ethylhexyl) phthalate lbs/day 0.495 1.34

002 Toluene lbs/day 0.125 0.384

002 Benzene lbs/day 0.178 0.653

002 Ethylbenzene lbs/day 0.154 0.519

002 Fluorene lbs/day 0.106 0.283

002 Naphthalene lbs/day 0.106 0.283

002 pH Standard 

unit

Within the range of

≥ 6.0 and ≤ 9.0*

* Excursions between 5.0 and 6.0 or 9.0 and 10.0 are not considered violations provided no single excursion 

exceed 60 minutes and total excursions do not exceed 7 hours and 30 minutes a month.

In the previous permit, Ecology calculated effluent limits for the treatment plant effluent and 

waived routine monitoring for the 49 pollutants listed in Appendix C - Table 24.

C. Summary of Compliance with Previous Permit Issued

Ecology conducted a sampling compliance inspection on July 17, 2008.

Emerald has complied with the effluent limits and permit conditions throughout the duration of 

the permit issued on July 25, 2002. Ecology assessed facility compliance based on its review of 

the facility’s Discharge Monitoring Reports (DMRs) and on inspections conducted by Ecology. 

D. Wastewater Characterization

The concentration of pollutants in the discharge was reported in the NPDES application and in 

discharge monitoring reports. The tabulated data represents the quality of the discharge from 

outfall 001 and outfall 002 in 2007. The discharge is characterized as follows:

Table 3 - Outfall 001 Wastewater Characterization

Parameter Units Maximum 

Daily

Maximum 

30-Day

Long Term 

Average

Temperature, winter oC 23.5 15.7 15.4

Temperature, summer oC 36.0 35.3 34.1

Toluene* μg/L 490 - -

Arsenic μg/L 1.2 - -

PCB 1254 μg/L < 1.3 - -

*The previous permit required monthly toluene monitoring to detect spills. Toluene concentrations were nondetect (<10 μg/L) throughout the permit cycle, except on 12/03 and 1/04.
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Table 4 - Outfall 002 Wastewater Characterization (continued in Appendix C – Table 26)

Parameter Units Maximum

Daily

Maximum 

30-Day

Long Term 

Average

BOD5 mg/L 17 7 2

BOD5 lbs/day 66 26 8

Total suspended solids (TSS) mg/L 35 10 5

Total suspended solids (TSS) lbs/day 104 38 16

pH Standard

unit Daily minimum is 6.2, daily maximum is 7.8

Copper, total μg/L 39 39 12.5

Copper, total lbs/day 0.108 0.100 0.038

Nickel, total μg/L 21 21 4.9

Nickel, total lbs/day 0.062 0.062 0.013

Zinc, total μg/L 23 23 9.1

Zinc, total lbs/day 0.085 0.085 0.027

Phenol μg/L 11 11 0.85

Phenol lbs/day 0.04 0.04 0.003

Phenol lbs/day 0.04 0.04 0.003

Color Color unit 30 - -

E. Description of the Receiving Water

Emerald discharges to the Columbia River at River Mile 74. Other nearby point sources are the 

Port of Kalama, Kalama Sewage Treatment Plant, and Chemtrade Performance Chemical. 

The ambient background data used for this permit includes the following:

Table 5 – Ambient Background Data

Parameter Value used

Temperature (highest annual 1-DADMax), 90th percentile (i) 21.80°C

Temperature (highest annual 7-DADMax), 90th percentile (i) 21.50°C

pH (ii) 8.1

Alkalinity (ii) 53 mg/L CaCO3

Ammonia-N (ii) < 0.02 mg/L

Dissolved oxygen (iii) 8.6 mg/L

Turbidity (iii) 5.2 NTU

Hardness (iii) 62 mg/L CaCO3

Cadmium (iv) < 0.1μg/L

Chromium (iv) 0.47 μg/L

Lead, total recoverable (iv) 0.35 μg/L

Copper, total recoverable (iv) 1.8 μg/L

Nickel, total recoverable (iv) 0.33 μg/L

Zinc, total recoverable (iv) 20 μg/L

Phenol (iv) < 0.06 μg/L

Manganese (v) 0.88 μg/L
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Parameter Value used

Iron (v) 9.7 μg/L

Arsenic (vi) 0.91 μg/L

Bis(2-ethylhexyl) phthalate (vi) < 0.43 μg/L

(i) 2002-2006 ambient temperature study by Georgia Pacific at Camas, river mile 120. There are no significant 

thermal sources between Camas and Kalama, therefore Georgia Pacific temperature data are representative of 

conditions at the point of discharge. (ii) 1977 Water quality monitoring data at WRIA 27, station 27A070. (iii) 

1991 Lower Columbia River Bi-state Program study at Sandy Island. (iv) 2006 and 2007 inspection sampling by 

Ecology, geometric mean. (v) 2005 Published NASQAN (USGS) data at river mile 53, geometric mean. (vi) 

2003-2007 Discharge monitoring report, geometric mean.

F. SEPA Compliance

Regulation exempts reissuance or modification of any wastewater discharge permit from the 

SEPA process as long as the permit contains conditions are no less stringent than state rules and 

regulations. The exemption applies only to existing discharges, not to new discharges. 
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III. PROPOSED PERMIT CONDITIONS

Federal and State regulations require that effluent limits in an NPDES permit must be either 

technology or water quality-based.

Technology-based limits are based upon the treatment methods available to treat specific 

pollutants. Technology-based limits are set by the EPA and published as a regulation, or 

Ecology develops the limit on a case-by-case basis (40 CFR 125.3, and Chapter 173-220 

WAC). 

Water quality-based limits are calculated so that the effluent will comply with the Surface 

Water Quality Standards (Chapter 173-201A WAC), Ground Water Standards (Chapter 

173-200 WAC), Sediment Quality Standards (Chapter 173-204 WAC) or the National 

Toxics Rule (40 CFR 131.36). 

Ecology must apply the most stringent of these limits to each parameter of concern. 

These limits are described below.

The limits in this permit reflect information received in the application and from supporting 

reports (engineering, hydrogeology, etc.). Ecology evaluated the permit application and 

determined the limits needed to comply with the rules adopted by the State of Washington. 

Ecology does not develop effluent limits for all reported pollutants. Some pollutants are not 

treatable at the concentrations reported, are not controllable at the source, are not listed in 

regulation, and do not have a reasonable potential to cause a water quality violation. 

Nor does Ecology usually develop permit limits for pollutants that were not reported in the 

permit application but that may be present in the discharge. The permit does not authorize

discharge of the non-reported pollutants. During the five-year permit term, the facility’s effluent 

discharge conditions may change from those conditions reported in the permit application. The 

facility must notify Ecology, as described in 40 CFR 122.42(a), if significant changes occur in 

any constituent. Industries may be in violation of their permit until Ecology modifies the permit 

to reflect additional discharge of pollutants.

A. Design Criteria

Under Chapter 173-220-150 (1)(g) WAC, neither flows nor waste loadings may exceed approved 

design criteria. Ecology approved design criteria for this facility’s treatment plant were obtained

from the engineering report dated February 1995 prepared by Parametrix, Inc and amended in 

the January 15, 1999 addendum. 

Table 6 - Design Criteria for Emerald Wastewater Treatment Plant

Parameter Design Quantity

Peak wastewater flow 400 gpm

BOD loading 5,006 lbs/day
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B. Technology-Based Effluent Limits

The federal effluent guidelines for Organic Chemical, Plastics, and Synthetic Fibers (OCPSF) 40 

CFR Subparts 414.61 through 414.91 apply to Emerald Kalama process wastewater. The 

guidelines covered conventional pollutants (BOD5, TSS) and toxic pollutants associated with the 

organic chemical industry. Appendix C contains the calculations for technology-based limits. 

In general, Ecology considers effluent guidelines 5 years old or less equivalent to AKART. 

Effluent guidelines between 5 and 10 years old may be AKART, which Ecology determines by 

reviewing treatability data base and comparing the production processes, pollutants generated, 

and treatment efficiency to the development document. Effluent guidelines over 10 years old 

require at least the previous analysis and review of the process design. 

The OCPSF effluent guidelines are over 10 years old. Ecology reviewed the development 

document and found that the facility’s processes and operations remain consistent with the 

description in the development document. Ecology also reviewed the engineering report, which 

includes the removal efficiency study for the biological treatment plant. The treatment efficiency 

is greater than 95% for copper and zinc and greater than 99% for organics, including toluene, 

benzene, benzoic acid, and benzyl alcohol. Ecology reviewed the treatment plant’s influent and 

effluent BOD5 data from June 2003 to May 2008. The average BOD5 removal efficiency is 

greater than 99%. Based on this review, Ecology believes that the Emerald treatment facility

provides AKART and considers the federal effluent guideline AKART.

In the permit renewal application, Emerald requested the continuation of the waiver of routine 

monitoring of 49 specified pollutants on the basis that the pollutants are not detected in the 

discharge (see Table 7). The previous permit waived routine monitoring for 49 specified 

pollutants under 40 CFR 122.44(a)(2). For this permit, Ecology re-evaluated the applicability of 

this regulation as follow.

Under 40 CFR 122.44(a)(2), Ecology may grant a monitoring waiver for pollutants with 

technology-based limits if the discharger submits sampling and technical information 

demonstrating “the pollutant is not present in the discharge or is present only at background 

levels from intake water and without any increase in the pollutant due to activities of the 

discharger.” The phrase “not present in the discharge” refers to process wastewater discharge 

prior to treatment and does not mean the treated effluent discharge to surface water. This 

interpretation is evident in the preamble to the final rule in the Federal Register (Volume 65, 

Number 94, page 308092). As described in the Federal Register the rule allows a waiver for 

pollutants if “a facility is not further adding pollutants to those already in its intake water.” The 

waiver also applies to a pollutant that is not “in the manufacturing process as a raw material, is 

not present in the raw materials, is not generated as a product or by-product, and is not present in 

wastes from the manufacturing processes.” The monitoring waiver applies to these cases, which 

have no potential to discharge the pollutants. The waiver does not apply to pollutants treated to 

non-detectable levels in the effluent, because there remains a potential to discharge should the 

treatment system fail or experience upsets. 
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Based on the evaluation above, Ecology cannot issue Emerald the monitoring waiver under 40 

CFR 122.44(a)(2) because the facility did not submit data demonstrating that: 1) the pollutants is 

not present in the wastewater prior to treatment; or 2) the pollutants are present in the wastewater 

only in background levels from the intake water. 

The facility qualifies for “Monitoring Reduction for Exemplary Performance.” Monitoring 

reduction is dependent on the ratio of the long-term average over the last two years to the 

monthly average limit. Because Emerald did not do routine monitoring for 49 pollutants in the 

last permit, Ecology reviewed the priority pollutant scan data in the 1998, 1999, 2000, and 2007 

permit renewal applications (see Table 7 below). The data shows that recent process changes, 

such as phenol plant shut down, is unlikely increase pollutants in the discharge. The 49 

pollutants are not present in the effluent above detection limits. Ecology used the detection limit 

in the analysis for monitoring reduction. For 48 pollutants, the ratio of the discharge 

concentration to the average monthly limit is 0.25 or less. For chlorobenzene, this ratio is 0.29; 

however, chlorobenzene is not in the process and is not used at the facility. Using the criteria in 

the 2008 Permit Writer Manual, Ecology reduced the monitoring frequency for these pollutants 

from monthly to biannually in the proposed permit. 

Table 7 - Data for Specified Pollutants Previously Waived from Monitoring

Pollutants

Limit (lb/day) Effluent (lb/day)

Monthly 

average

Max 

daily 1998 1999 2000 2007

Acenaphthene 0.056 0.149 < 0.004 < 0.004 < 0.005 < 0.021

Acrylonitrile 0.242 0.611 < 0.004 < 0.004 < 0.008 < 0.106

Carbon tetrachloride 0.045 0.096 < 0.011 < 0.011 < 0.022 < 0.021

Chlorobenzene 0.038 0.071 < 0.011 < 0.011 < 0.022 < 0.106

1,2,4-Trichlorobenzene 0.172 0.353 < 0.004 < 0.004 < 0.005 < 0.021

Hexachlrobenzene 0.038 0.071 < 0.007 < 0.008 < 0.009 < 0.021

Hexachloroethane 0.053 0.136 < 0.007 < 0.008 < 0.009 < 0.021

1,2-Dichloroethane 0.056 0.149 < 0.011 < 0.011 < 0.022 < 0.021

1,1,1-Trichloroethane 0.053 0.136 < 0.011 < 0.011 < 0.022 < 0.021

1,1-Dichloroethane 0.056 0.149 < 0.011 < 0.011 < 0.022 < 0.021

1,1,2-Trichloroethane 0.053 0.136 < 0.011 < 0.011 < 0.022 < 0.021

Chloroethane 0.262 0.676 < 0.011 < 0.011 < 0.022 < 0.021

Chloroform 0.053 0.116 < 0.011 < 0.011 < 0.022 < 0.021

2-Chlorophenol 0.078 0.247 < 0.004 < 0.004 < 0.005 < 0.021

1,2-Dichlorobenzene 0.194 0.411 < 0.004 < 0.004 < 0.005 < 0.021

1,3-Dichlorobenzene 0.078 0.111 < 0.004 < 0.004 < 0.005 < 0.021

1,4-Dichlorobenzene 0.038 0.071 < 0.004 < 0.004 < 0.005 < 0.021

1,1-Dichloroethylene 0.040 0.063 < 0.011 < 0.011 < 0.022 < 0.021

1,2-trans-Dichloroethylene 0.053 0.136 < 0.011 < 0.011 < 0.022 < 0.021

2,4-Dichlorophenol 0.098 0.283 < 0.007 < 0.008 < 0.009 < 0.021

1,2-Dichloropropane 0.386 0.580 < 0.011 < 0.011 < 0.022 < 0.021

1,3-Dichloropropylene 0.073 0.111 < 0.011 < 0.011 < 0.022 < 0.021

2,4-Dimethylphenol 0.045 0.091 < 0.004 < 0.004 < 0.005 < 0.021
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Pollutants

Limit (lb/day) Effluent (lb/day)

Monthly 

average

Max 

daily 1998 1999 2000 2007

2,4-Dinitrotoluene 0.285 0.719 < 0.007 < 0.008 < 0.009 < 0.021

2,6-Dinitrotoluene 0.644 1.618 < 0.007 < 0.008 < 0.009 < 0.021

Fluoranthene 0.063 0.172 < 0.004 < 0.004 < 0.005 < 0.021

Methylene chloride 0.101 0.225 < 0.011 < 0.011 0.004 < 0.042

Methyl chloride 0.217 0.479 < 0.011 < 0.011 < 0.022 < 0.106

Hexachlorobutadiene 0.050 0.124 < 0.004 < 0.004 < 0.005 < 0.021

Nitrobenzene 0.068 0.172 < 0.004 < 0.004 < 0.005 < 0.021

2-Nitrophenol 0.103 0.174 < 0.007 < 0.008 < 0.009 < 0.021

4-Nitrophenol 0.182 0.313 < 0.040 < 0.041 < 0.045 < 0.053

2,4-Dinitrophenol 0.179 0.310 < 0.040 < 0.041 < 0.045 < 0.053

4,6-Dinitro-o-cresol 0.197 0.699 < 0.040 < 0.041 < 0.045 < 0.021

Di-n-butyl phthalate 0.068 0.144 < 0.004 < 0.004 < 0.005 < 0.021

Diethyl phthalate 0.204 0.512 < 0.004 < 0.004 < 0.005 < 0.021

Dimethyl phthalate 0.048 0.119 < 0.004 < 0.004 < 0.005 < 0.021

Benzo(a)anthracene 0.056 0.149 < 0.004 < 0.004 < 0.005 < 0.021

Benzo(a)pyrene 0.058 0.154 < 0.004 < 0.004 < 0.005 < 0.021

3,4-Benzofluoranthene 0.058 0.154 < 0.004 < 0.004 < 0.005 < 0.021

Benzo(k)fluoranthene 0.056 0.149 < 0.004 < 0.004 < 0.005 < 0.021

Chrysene 0.056 0.149 < 0.004 < 0.004 < 0.005 < 0.021

Acenaphthylene 0.056 0.149 < 0.004 < 0.004 < 0.005 < 0.021

Anthracene 0.056 0.149 < 0.004 < 0.004 < 0.005 < 0.021

Phenanthrene 0.056 0.149 < 0.004 < 0.004 < 0.005 < 0.021

Pyrene 0.063 0.169 < 0.004 < 0.004 < 0.005 < 0.021

Tetrachloroethylene 0.056 0.141 < 0.011 < 0.011 < 0.022 < 0.021

Trichloroethylene 0.053 0.136 < 0.011 < 0.011 < 0.022 < 0.021

Vinyl chloride 0.262 0.676 < 0.011 < 0.011 < 0.022 < 0.021

C. Surface Water Quality-Based Effluent Limits

The Washington State Surface Water Quality Standards (Chapter 173-201A WAC) were

designed to protect existing water quality and preserve the beneficial uses of Washington's 

surface waters. Waste discharge permits must include conditions that ensure the discharge will 

meet established surface water quality standards (Chapter 173-201A-510 WAC). Water qualitybased effluent limits may be based on an individual waste load allocation or on a waste load 

allocation developed during a basin wide total maximum daily loading study (TMDL).

Numerical Criteria for the Protection of Aquatic Life and Recreation

Numerical water quality criteria are published in the Water Quality Standards for Surface Waters 

(Chapter 173-201A WAC). They specify the levels of pollutants allowed in receiving water to 

protect aquatic life and recreation in and on the water. Ecology uses numerical criteria along 

with chemical and physical data for the wastewater and receiving water to derive the effluent 

limits in the discharge permit. When surface water quality-based limits are more stringent or 
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potentially more stringent than technology-based limits, the discharge must meet the water 

quality-based limits.

Numerical Criteria for the Protection of Human Health 

The U.S. EPA has published 91 numeric water quality criteria for the protection of human health 

that are applicable to dischargers in Washington State (40 CFR 131.36). These criteria are 

designed to protect humans from exposure to pollutants linked to cancer and other diseases, 

based on consuming fish and shellfish and drinking contaminated surface waters. The Water 

Quality Standards also include radionuclide criteria to protect humans from the effects of 

radioactive substances.

Narrative Criteria

Narrative water quality criteria (e.g., Chapter 173-201A-240(1) WAC, 2006) limit the toxic, 

radioactive, or other deleterious material concentrations that the facility may discharge to levels 

below those which have the potential to:

Adversely affect designated water uses.

Cause acute or chronic toxicity to biota.

Impair aesthetic values.

Adversely affect human health. 

Narrative criteria protect the specific designated uses of all fresh waters (Chapter 173-201A-200

WAC, 2006) and of all marine waters (Chapter 173-201A-210 WAC, 2006) in the State of 

Washington.

Antidegradation 

The purpose of Washington's Antidegradation Policy (Chapter 173-201A-300-330 WAC, 2006)

is to:

Restore and maintain the highest possible quality of the surface waters of Washington.

Describe situations under which water quality may be lowered from its current condition.

Apply to human activities that are likely to have an impact on the water quality of surface

water.

Ensure that all human activities likely to contribute to a lowering of water quality, at a 

minimum, apply all known, available, and reasonable methods of prevention, control, and 

treatment (AKART).

Apply three Tiers of protection (described below) for surface waters of the state. 

Tier I ensures existing and designated uses are maintained and protected and applies to all waters 

and all sources of pollutions. Tier II ensures that waters of a higher quality than the criteria

assigned are not degraded unless such lowering of water quality is necessary and in the 

overriding public interest. Tier II applies only to a specific list of polluting activities. Tier III
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prevents the degradation of waters formally listed as "outstanding resource waters," and applies 

to all sources of pollution.

A facility must prepare a Tier II analysis when all three of the following conditions are met: 

The facility is planning a new or expanded action.

Ecology regulates or authorizes the action.

The action has the potential to cause measurable degradation to existing water quality at 

the edge of a chronic mixing zone. 

This facility must meet Tier I requirements. 

Dischargers must maintain and protect existing and designated uses. Ecology may not 

allow any degradation that will interfere with, or become injurious to, existing or 

designated uses, except as provided for in Chapter 173-201A WAC. 

For waters that do not meet assigned criteria, or protect existing or designated uses, 

Ecology will take appropriate and definitive steps to bring the water quality back into 

compliance with the water quality standards. 

Whenever the natural conditions of a water body are of a lower quality than the assigned 

criteria, the natural conditions constitute the water quality criteria. Where water quality 

criteria are not met because of natural conditions, human actions are not allowed to 

further lower the water quality, except where explicitly allowed in this chapter.

Ecology’s analysis described in this section of the fact sheet demonstrates that the existing and 

designated uses of the receiving water will be protected under the conditions of the proposed 

permit. 

Mixing Zones

A mixing zone is the defined area in the receiving water surrounding the discharge port(s), where 

wastewater mixes with receiving water. Within mixing zones the pollutant concentrations may 

exceed water quality numeric criteria, so long as the diluting wastewater doesn’t interfere with 

designated uses of the receiving water body (e.g., recreation, water supply, and aquatic life and 

wildlife habitat, etc.). The pollutant concentrations outside of the mixing zones must meet water

quality numeric criteria. 

State and federal rules allow mixing zones because the concentrations and effects of most 

pollutants diminish rapidly after discharge, due to dilution. Ecology defines mixing zone sizes to 

limit the amount of time any exposure to the end-of-pipe discharge could harm water quality, 

plants, or fish.

The state’s water quality standards allow Ecology to authorize mixing zones for the facility’s 

permitted wastewater discharges only if those discharges already receive all known, available,

and reasonable methods of prevention, control and treatment (AKART). Mixing zones typically 

require compliance with water quality criteria within a specified distance from the point of 

discharge; and use no more than 25% of the available width of the water body for dilution. 
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Ecology uses modeling to estimate the amount of mixing within the mixing zone and determine 

the potential for violating the water quality standards at the edge of the mixing zone and derive 

any necessary effluent limits. Steady-state models are the most frequently used tools for 

conducting mixing zone analyses. Ecology chooses values for each effluent and for receiving 

water variables that correspond to the time period when the most critical condition is likely to 

occur (see Ecology’s Permit Writer’s Manual). Each critical condition parameter (by itself) has 

a low probability of occurrence and the resulting dilution factor is conservative. The term 

“reasonable worst-case” applies to these values.

The mixing zone analysis produces a numerical value called a dilution factor (DF). A dilution 

factor represents the amount of mixing of effluent and receiving water that occurs at the 

boundary of the mixing zone. For example, a dilution factor of 10 means the effluent comprises 

10% by volume and the receiving water comprises 90% of the total volume at the boundary of 

the mixing zone. Ecology uses dilution factors with the water quality criteria to calculate

reasonable potentials and effluent limits. Water quality standards include both aquatic life-based 

criteria and human health-based criteria. The former are applied at both the acute and chronic 

mixing zone boundaries; the latter are applied only at the chronic boundary. The concentration 

of pollutants at the boundaries of any of these mixing zones may not exceed the numerical 

criteria for that zone. 

Each aquatic life acute criterion is based on the assumption that organisms are not exposed to 

that concentration for more than one-hour and more often than one exposure in three years. Each 

aquatic life chronic criterion is based on the assumption that organisms are not exposed to that 

concentration for more than four consecutive days and more often than once in three years. 

The two types of human health-based water quality criteria distinguish between those pollutants 

linked to non-cancer effects (non-carcinogenic) and those linked to cancer effects (carcinogenic). 

The human health-based water quality criteria incorporate several exposure and risk

assumptions. These assumptions include:

A 70-year lifetime of daily exposures.

An ingestion rate for fish or shellfish measured in kg/day.

An ingestion rate of two liters/day for drinking water

A one-in-one-million cancer risk for carcinogenic chemicals.

This permit authorizes a small acute mixing zone, surrounded by a chronic mixing zone around 

the point of discharge (Chapter 173-201A-400 WAC, 2006). The water quality standards impose 

certain conditions before allowing the discharger a mixing zone: 

1. Ecology must specify both the allowed size and location in a permit. The proposed permit 

specifies the size and location of the allowed mixing zone.

2. The facility must fully apply “all known available and reasonable methods of prevention, 

control and treatment” (AKART) to its discharge. Ecology has determined that the treatment 

provided and the pollution prevention activities practiced at Emerald meet the requirements of 

AKART (see “Technology based Limits”).
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3. Ecology must consider critical discharge conditions. Surface water quality-based limits are 

derived for the water body’s critical condition, (the receiving water and waste discharge 

condition with the highest potential for adverse impact on the aquatic biota, human health, and

existing or designated water body uses). The critical discharge condition is often pollutantspecific or water body-specific.

Critical discharge conditions are those conditions that result in reduced dilution or increased 

effect of the pollutant. Factors affecting dilution include the depth of water, the density 

stratification in the water column, the currents and the rate of discharge. Density stratification is 

determined by the salinity and temperature of the receiving water. Temperatures are warmer in 

the surface waters in summer. Therefore, density stratification is generally greatest during the 

summer months. Density stratification affects how far up in the water column a freshwater 

plume may rise. The rate of mixing is greatest when an effluent is rising. The effluent stops 

rising when the mixed effluent is the same density as the surrounding water. After the effluent 

stops rising, the rate of mixing is much more gradual. Water depth can affect dilution when a 

plume might rise to the surface when there is little or no stratification. Ecology’s Permit 

Writer’s Manual describes additional guidance on criteria/design conditions for determining 

dilution factors. The Manual can be obtained from Ecology’s website at:

http://www.ecy.wa.gov/biblio/92109.html.

The following conditions were used to model the discharge:

The seven day average low river flow with a recurrence interval of ten years (7Q10) of 

87,585 cfs (cubic feet per second).

Channel cross-sectional area of 91,880 square feet.

Near shore current speed of 0.20 ft/s or 0.06 m/s.

Ambient temperatures of 21.31oC at the water surface, 21.23oC at the depth of 1 meter, 

21.20oC at the depth of 2 meter, and 21.18oC at the depth of 3 meter and below.

90th percentile maximum effluent temperature of 34 oC.

90th percentile maximum effluent flow of 22.44 MGD for water quality criteria.

Port number of 300.

Port depth of 35 feet or 10.67 meter.

Port elevation of 3.3 feet or 1 meter.

Port diameter of 1.25 inch or 3.175 centimeter.

Port spacing of 3.4 inch (alternate ports) for chronic mixing zone and 1.7 inch (same side 

ports) for acute mixing zone.

Discharge angle of 0 degree vertical and 150 degree horizontal.

Ambient data at critical conditions in the vicinity of the outfall was taken from Beak

Consultants, Inc. Mixing Zone Study Report, submitted to Ecology on June 29, 1993. 

4. Supporting information must clearly indicate the mixing zone would not:

Have a reasonable potential to cause the loss of sensitive or important habitat, 

Substantially interfere with the existing or characteristic uses,
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Result in damage to the ecosystem, or 

Adversely affect public health.

Ecology established Washington State water quality criteria for toxic chemicals using EPA 

criteria. EPA developed the criteria using toxicity tests with numerous organisms, and set the 

criteria to protect all aquatic species. 

EPA sets acute criteria for toxic chemicals assuming organisms are exposed to the pollutant at 

the criteria concentration for 1-hour. They set chronic criteria assuming organisms are exposed 

to the pollutant at the criteria concentration for 4 days. Dilution modeling under critical 

conditions generally shows that both acute and chronic criteria concentrations are reached within 

minutes of being discharged. 

The discharge plume does not impact drifting and non-strong swimming organisms because they 

cannot stay in the plume close to the outfall long enough to be affected. Strong swimming fish 

could maintain a position within the plume, but they can also avoid the discharge by swimming 

away. Mixing zones generally do not affect benthic organisms (bottom dwellers) because the 

buoyant plume rises in the water column. Ecology has additionally determined that this effluent 

will not exceed 33 degrees C for more than 2 seconds after discharge; and that the temperature of 

the water will not create lethal conditions or blockages to fish migration. 

Ecology evaluates the cumulative toxicity of an effluent by testing the discharge with whole 

effluent toxicity (WET) testing. 

Ecology reviewed the above information, the specific information on the characteristics of the 

discharge, the receiving water characteristics and the discharge location. Based on this review 

Ecology concluded that the discharge does not have a reasonable potential to cause the loss of 

sensitive or important habitat, substantially interfere with existing or characteristics uses, result 

in damage to the ecosystem or adversely affect public health

5. The discharge/receiving water mixture must not exceed water quality criteria outside the 

boundary of a mixing zone.

Ecology conducted a reasonable potential analysis, using procedures established by the EPA and 

by Ecology, for each pollutant. Ecology concluded the discharge/receiving water mixture will 

not violate water quality criteria outside the boundary of the mixing zone if permit limits are met.

6. The size of the mixing zone and the concentrations of the pollutants must be minimized.

At any given time, the effluent plume uses only a portion of the acute and chronic mixing zone, 

which minimizes the volume of water involved in mixing. The plume rises through the water 

column as it mixes therefore much of the receiving water volume at lower depths in the mixing 

zone is not mixed with discharge. Similarly, because the discharge may stop rising at some 

depth due to density stratification, waters above that depth will not mix with the discharge. 

Ecology determined it is impractical to specify in the permit the actual, much more limited 

volume in which the dilution occurs as the plume rises and moves with the current. 
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Ecology minimizes the size of mixing zones by requiring dischargers to install diffusers when 

they are appropriate to the discharge and the specific receiving waterbody. When a diffuser is 

installed the discharge and the receiving water is more completely mixed in a shorter time 

period. Ecology also minimizes the size of the mixing zone (in the form of the dilution factor) 

using design criteria with a low probability of occurrence. For example, Ecology uses the 

expected 95th percentile pollutant concentration, the 90th percentile background concentration, 

the centerline dilution factor and the lowest flow occurring once in every 10 years to perform the 

reasonable potential analysis. 

The facility continues to conduct pollution prevention activities and has completed pollution 

prevention projects. These activities also minimize the concentrations of pollutants in the 

discharge. As required by the 2002 permit, the facility developed a pollution prevention plan for 

wastewater stream in two steps, phase I and phase II. Ecology approved the phase I report on 

January 24, 2005 and the phase II report on September 22, 2005. Phase I identified ten (10) 

pollution prevention opportunities for wastewater. The 2002 permit required the implementation 

of pollution prevention activities found to be technically and economically feasible. Emerald 

submits annual report on the status of the pollution prevention activities.

Because of the above reasons, Ecology has effectively minimized the size of the mixing zone 

authorized in the proposed permit.

7. Maximum size of mixing zone.

The authorized mixing zone does not exceed the maximum size restriction.

8. Acute Mixing Zone

The discharge/receiving water mixture must comply with acute criteria as near to 

the point of discharge as practicably attainable.

Ecology determined the acute criteria will be met at 10% of the distance (or of the 

chronic mixing zone at the ten year low flow.

The pollutant concentration, duration and frequency of exposure to the 

discharge, will not create a barrier to migration or translocation of indigenous 

organisms to a degree that has the potential to cause damage to the ecosystem.

As described above the toxicity of any pollutant depends upon the exposure, the 

pollutant concentration and the time the organism is exposed to that concentration. 

Authorizing a limited acute mixing zone for this discharge assures that it will not 

create a barrier to migration. The effluent from this discharge will rise as it enters the 

receiving water, assuring that the rising effluent will not cause translocation of 

indigenous organism near the point of discharge (below the rising effluent).

Comply with size restrictions.

The mixing zone authorized for this discharge complies with the size restrictions 

published in Chapter 173-201A WAC.
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9. Overlap of Mixing Zones.

This mixing zone does not overlap another mixing zone. 

D. Designated Uses and Surface Water Quality Criteria

Applicable designated uses and surface water quality criteria are defined in Chapter 173-201A 

WAC. In addition, the U.S. EPA set human health criteria for toxic pollutants (40 CFR 131.36). 

Criteria applicable to this facility’s discharge are summarized below in Table 8.

Aquatic Life Uses are designated based on the presence of, or the intent to provide 

protection for, the key uses. All indigenous fish and non-fish aquatic species must be 

protected in waters of the state in addition to the key species. The Aquatic Life Uses for 

this receiving water are identified below.

Table 8 – Aquatic Life Uses & Associated Criteria

Salmonid Spawning, Rearing, And Migration

Temperature Criteria • 1-D max of 20.0°C (68.0°F); or 

• When natural conditions exceed 1-D max of 

20.0°C, no temperature increase will raise receiving 

water temperature higher than 0.3°C

Dissolved Oxygen Criteria Greater than 90 percent of saturation

Turbidity Criteria • 5 NTU over background when the background is 50

NTU or less; or

• A 10 percent increase in turbidity when the 

background turbidity is more than 50 NTU

Total Dissolved Gas Criteria Total dissolved gas shall not exceed 110 percent of

saturation at any point of sample collection

pH Criteria pH shall be within the range of 6.5 to 8.5 with a 

human-caused variation within the above range of 

less than 0.5 units

The recreational uses are extraordinary primary contact recreation, primary contact 

recreation, and secondary contact recreation. The recreational uses for this receiving 

water are identified below.

Table 9 – Recreational Uses & Associated Criteria 

Recreational use Criteria

Primary Contact

Recreation

Fecal coliform organism levels must not exceed a geometric 

mean value of 100 colonies /100 mL, with not more than 10 

percent of all samples (or any single sample when less than 

ten sample points exist) obtained for calculating the 

geometric mean value exceeding 200 colonies /100 mL
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The water supply uses are domestic, agricultural, industrial, and stock watering.

The miscellaneous fresh water uses are wildlife habitat, harvesting, commerce and 

navigation, boating, and aesthetics.

The section of Columbia River at the point of discharge is on the 303(d) list. Water bodies on 

this list are considered impaired under the Clean Water Act. Total daily maximum loads 

(TMDL) may be developed for pollutants on the 303(d) list. The river is listed for the 

parameters below:

Temperature – The temperature criteria is 20.0°C for 1-DMax. The section of the river at 

the point of discharge is listed for two temperature excursions detected in 1994 near 

Columbia City, which is six miles upstream of Kalama. The field study at the point of 

discharge showed a range of 20.8 to 21.4°C in river temperature (Beak Consultants, 

1993). More recent study at the Lower Columbia River showed a 1-DMax of 21.80°C

and 7-DADMax of 21.50°C (Georgia Pacific, 2006). EPA prepared a preliminary draft 

temperature TMDL in September 2002 however has delayed issuing a final document. 

Because the receiving water temperature is above criteria, no further measurable increase 

in temperature is allowed due to human activities. Ecology cannot allow an incremental 

increase in temperature greater than 0.3°C at the edge of the chronic mixing zone. 

Arsenic – In 1992 the USEPA adopted risk-based arsenic criteria for the protection of 

human health for the State of Washington. The criterion for marine waters is 0.14 g/L 

inorganic arsenic, and is based on exposure from fish and shellfish tissue ingestion. The 

freshwater criterion is 0.018 g/L, and is based on exposure from fish and shellfish tissue 

and water ingestion. These criteria have caused confusion in implementation because 

they differ from the drinking water maximum contaminant level (MCL) of 10 g/L, 

which is not risk-based, and because the human health criteria are sometimes exceeded 

by natural background concentrations of arsenic in surface water and ground water.

In Washington, when a natural background concentration exceeds the criterion, the 

natural background concentration becomes the criterion, and no dilution zone is allowed. 

This could result in a situation where natural groundwater or surface water used as a 

municipal or industrial source-water would need additional treatment to meet numeric 

effluent limits even though no arsenic was added as waste. Although this is not the case 

for all dischargers, we do not have data at this time to quantify the extent of the problem.

A regulatory mechanism to deal with the issues associated with natural background 

concentrations of arsenic in groundwater-derived drinking waters is currently lacking. 

Consequently, the Water Quality Program, at this time, has decided to use a threepronged strategy to address the issues associated with the arsenic criteria. The three 

strategy elements are:

1. Pursue, at the national level, a solution to the regulatory issue of groundwater 

sources with high arsenic concentrations causing municipal treatment plant effluent 

to exceed criteria. The revision of the drinking water MCL for arsenic offered a national 
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opportunity to discuss how drinking water sources can affect NPDES wastewater 

dischargers, however Ecology was unsuccessful in focusing the discussion on developing 

a national policy for arsenic regulation that acknowledges the risks and costs associated 

with management of the public exposure to natural background concentrations of arsenic 

through water sources. The current arsenic MCL of 10 μg/L could also result in 

municipal treatment plants being unable to meet criteria-based effluent limits. Ecology 

will continue to pursue this issue as opportunities arise.

2. Additional and more focused data collection. The Water Quality Program will in 

some cases require additional and more focused arsenic data collection, will encourage or 

require dischargers to test for source water arsenic concentrations, and will pursue 

development of a proposal to have Ecology's Environmental Assessment Program 

conduct drinking water source monitoring as well as some additional ambient monitoring 

data. At this time, Washington NPDES permits will contain numeric effluent limits for 

arsenic based only on treatment technology and aquatic life protection as appropriate.

3. Data sharing. Ecology will share data with USEPA as they work to develop new riskbased criteria for arsenic and as they develop a strategy to regulate arsenic.

Emerald performed quarterly monitoring of arsenic in the previous permit. Monitoring 

data are in Table 10 below. The data characterize the receiving water and the discharge 

as describe in the strategy above. Therefore, no further monitoring is necessary. Because 

the facility draws cooling water from the river and discharges it with treatment plant 

effluent, the discharge contains arsenic from the receiving water. Sampling variability,

uncertainty associated with laboratory analysis, and evaporative losses in the process may 

account for some of the differences in arsenic levels between the receiving water and the 

discharge. 

Table 10 - Arsenic Monitoring Data

2003 2004 2005 2006 2007

RW DIS RW DIS RW DIS RW DIS RW DIS

Jan - - 0.8 1.0 0.8 0.9 0.7 0.9 0.8 0.9

April - - 1.2 1.1 0.8 0.9 1.0 1.1 1.0, 0.8 1.0, 0.8

May - - - - - - 1.2 1.2 - -

July 0.9 1.0 0.9 0.8 0.9 1.0 0.9 0.8 0.6 0.8

Oct 1.0 0.9 1.0 1.2 0.9 1.0 0.9 0.9 1.0 1.0

RW = receiving water (Columbia River) concentration, DIS = discharge concentration. Concentrations 

are in μg/L.

In the permit renewal application, Emerald states there are no sources of arsenic at the 

facility. The Remedial Investigation Report states arsenic is a naturally-occurring 

element in the soil and groundwater at the plant. Remedial activities extract the 

groundwater, which Emerald treats in its biological treatment system. Treated

groundwater makes up a fraction of the discharge. The average detected arsenic 

concentration in untreated groundwater was 20 μg/L (Parametrix, 1995). 
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Bis(2-ethylhexyl) phthalate – Concentration in a tissue sample exceeds water quality 

criteria. Ecology does not require a TMDL because the sample may not represent actual 

condition. We use human health criteria (National Toxics Rule 40 CFR 131.36) to 

evaluate this pollutant.

4,4’-DDE – Ecology does not have a TMDL for the pollutant at this time. Emerald did 

not detect pollutant in its discharge, therefore Ecology did not propose a limit for this 

pollutant in the permit. 

Dioxin (2,3,7,8-TCDD) – USEPA established TMDL on February 25, 1991 for pulp and 

paper mills that used chlorine bleaching process. Emerald was not assigned a TMDL. 

Emerald did not detect this pollutant in its discharge, therefore Ecology did not propose a

limit for this pollutant in the permit.

Total dissolved gas – Ecology established the TMDL in the lower Columbia River on 

November 2, 2002. The source of total dissolve gas is spilled events at the dams, which 

entrains air bubbles. Emerald’s waste load allocation (WLA) for total dissolved gas is 

zero. The facility is not a source of dissolved gas, therefore Ecology did not propose a 

limit for this pollutant in the permit. 

Dieldrin – The TMDL is required but has not been developed for this pollutant. Emerald 

did not detect dieldrin in its discharge, therefore Ecology did not propose a limit for this 

pollutant in the permit.

PCB-1254 – The TMDL is required, but has not been developed for this pollutant. 

Emerald did not detect PCBs in its discharge, therefore Ecology did not propose a limit

for this pollutant in the permit. 

E. Evaluation of Surface Water Quality-Based Effluent Limits for Numeric Criteria

Pollutants in an effluent may affect the aquatic environment near the point of discharge (nearfield) or at a considerable distance from the point of discharge (far-field). Toxic pollutants, for 

example, are near-field pollutants - their adverse effects diminish rapidly with mixing in the 

receiving water. Conversely, a pollutant such as biological oxygen demand (BOD) is a far-field 

pollutant whose adverse effect occurs away from the discharge even after dilution has occurred. 

Thus, the method of calculating surface water quality-based effluent limits varies with the point 

at which the pollutant has its maximum effect.

Pollutant concentrations in the proposed discharge exceed water quality criteria despite using 

technology-based controls which Ecology determined fulfills AKART. Ecology therefore 

authorizes a mixing zone in accordance with the geometric configuration, flow restriction, and 

other restrictions imposed on mixing zones described in Chapter 173-201A WAC.
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The diffuser at Outfall 001 is 50-feet long with an inside diameter of 30 inches. The diffuser has 

a total of 300 1.25-inch diameter ports. There are 100 rows of ports with 6 inches between each 

row. Ecology obtained this information from Beak Consultants’ Mixing Zone Study Report 

submitted on June 29, 1993. 

Chronic Mixing Zone

Chapter 173-201A-400(7)(a) WAC specifies that mixing zones must not extend in a downstream 

direction from the discharge ports for a distance greater than 300 feet plus the depth of water 

over the discharge ports or extend upstream for a distance of over 100 feet, not utilize greater 

than 25% of the flow, and not occupy greater than 25% of the width of the water body.

The horizontal distance of the chronic mixing zone is 325 feet. The mixing zone extends from 

the river bottom to the top of the water surface. 

Acute Mixing Zone

Chapter 173-201A-400(8)(a) WAC specifies that in rivers and streams a zone where acute toxics 

criteria may be exceeded must not extend beyond 10% of the distance towards the upstream and 

downstream boundaries of the chronic zone, not use greater than 2.5% of the flow and not 

occupy greater than 25% of the width of the water body. 

The horizontal distance of the acute mixing zone is 32.5 feet. The acute mixing zone extends 

from the river bottom to the top of the water surface. The dilution factor is based on this distance.

Ecology determined the dilution factors of effluent to receiving water that occur within these 

zones at the critical condition using the Mixing Zone Study report, submitted by Beak 

Consultants Inc. on June 29, 1993. The consultant used RSB to model dilution at the edge of the 

chronic mixing zone. UM model with PLUMES interface, which estimates dilution closer to the 

Figure 2 - Mixing Zone Plan View (not to scale)
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diffuser than the RSB model, determines the dilution at the acute mixing zone. The dilution 

factors are listed in the table below: 

Table 11 - Dilution Factors (DF) 

Criteria Outfall 002 to 

Outfall 001

Outfall 001

Acute

Outfall 001 

Chronic

Outfall 

002 Acute

Outfall 002 

Chronic

Aquatic Life 43.3 8.3 21.1 359 913

Human Health, 

Carcinogen 43.3 1 1 1 1

Human Health, 

Non-carcinogen 43.3 1 1 1 1

Ecology determined the impacts of immediate oxygen deficiency, temperature, pH, metals, and 

other toxics as described below, using the dilution factors in the above table. The derivation of 

surface water quality-based limits also takes into account the variability of pollutant 

concentrations in both the effluent and the receiving water. 

BOD5 - This discharge (with technology-based limits) results in a small amount of BOD loading 

relative to the large amount of dilution occurring in the receiving water at critical conditions. 

Technology-based limits will ensure that dissolved oxygen criteria are met in the receiving 

water.

Temperature - The state temperature standards (Chapter 173-201A-200-210 WAC and 600-

612) include multiple elements:

Annual summer maximum threshold criteria (June 15 to September 15)

Supplemental spawning and rearing season criteria (September 15 to June 15)

Incremental warming restrictions

Protections against acute effects

Ecology evaluates each criterion independently to determine reasonable potential and derive 

permit limits.

Annual summer maximum and supplementary spawning/rearing criteria

Each water body has an annual maximum temperature criterion (Chapter 173-201A200(1) (c), 210(1)(c) WAC and Table 602). These threshold criteria (e.g., 12, 16, 17.5, 

20°C) protect specific categories of aquatic life by controlling the effect of human actions 

on summer temperatures.

Some waters have an additional threshold criterion to protect the spawning and 

incubation of salmonids (9°C for char and 13°C for salmon and trout) (Chapter 173-

201A-602 WAC, Table 602). These criteria apply during specific date-windows.

The threshold criteria apply at the edge of the chronic mixing zone. Criteria for most 

fresh waters are expressed as the highest 7-Day average of daily maximum 

temperature (7-DADMax). The 7-DADMax temperature is the arithmetic average of 

seven consecutive measures of daily maximum temperatures. Criteria for marine 
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waters and some fresh waters are expressed as the highest 1-Day annual maximum 

temperature (1-DMax). 

Incremental warming criteria

The water quality standards limit the amount of warming human sources can cause under 

specific situations (Chapter 173-201A-200(1)(c)(i)-(ii), 210(1)(c)(i)-(ii) WAC). The 

incremental warming criteria apply at the edge of the chronic mixing zone.

At locations and times when background temperatures are cooler than the assigned 

threshold criterion, point sources are permitted to warm the water by only a defined 

increment. These increments are permitted only to the extent doing so does not cause 

temperatures to exceed either the annual maximum or supplemental spawning criteria.

At locations and times when a threshold criterion is being exceeded due to natural 

conditions, all human sources, considered cumulatively, must not warm the water more 

than 0.3°C above the naturally warm condition. 

When Ecology has not yet completed a TMDL, our policy allows each point source to 

warm water at the edge of the chronic mixing zone by 0.3°C. This is true regardless of 

the background temperature and even if doing so would cause the temperature at the edge 

of a standard mixing zone to exceed the numeric threshold criteria. Allowing a 0.3°C 

warming for each point source is reasonable and protective where the dilution factor is 

based on 25% or less of the critical flow. This is because the fully mixed effect on 

temperature will only be a fraction of the 0.3°C cumulative allowance (0.075°C or less) 

for all human sources combined. 

Temperature Acute Effects

Instantaneous lethality to passing fish: The upper 99th percentile daily maximum 

effluent temperature must not exceed 33°C; unless a dilution analysis indicates ambient 

temperatures will not exceed 33°C 2-seconds after discharge.

General lethality and migration blockage: Measurable (0.3°C) increases in 

temperature at the edge of a chronic mixing zone are not allowed when the receiving 

water temperature exceeds either a 1DMax of 23°C or a 7DADMax of 22°C.

Lethality to incubating fish: Human actions must not cause a measurable (0.3°C) 

warming above 17.5°C at locations where eggs are incubating. 

Annual summer maximum and incremental warming criteria: Beak Consultants 

conducted a temperature field study on the first week of September 1992. The consultant 

measured background temperature and temperature in the mixing zone from the water 

surface to a depth of 15 meter. The study included transects at the diffuser, along the mixing 

zone, and 200 feet upstream. The effluent temperature was 33.74oC at the time of the study. 

At critical condition receiving water temperature is 21.5oC. The heat dissipation factor is 89. 

Ecology calculated the reasonable potential for the discharge to exceed the annual summer 

maximum and the incremental warming criteria at the edge of the chronic mixing zone 

during critical conditions. Ecology used its spreadsheet tools to demonstrate that Emerald’s 
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discharge does not increase the temperature above the 0.3 °C incremental allowance (see 

Appendix C – Table 23). No reasonable potential exists to exceed the temperature criterion 

where:

(Criterion + 0.3) > (Criterion + (Teffluent95 – Criterion))/DF.

(20.0 + 0.3) > (20.0 + (35.69– 20.0))/89).

General lethality and migration blockage: The receiving water conditions are listed in 

Table 5 of the fact sheet. The Columbia River near the point of the discharge does not 

exceed a 1DMax of 23°C or a 7DADMax of 22°C. 

Instantaneous lethality to passing fish: The 1992 field study measured temperature within 

the mixing zone. The study collected data at the diffuser from the surface to the depth of 11 

meters (36 feet), in increments of 1 meter. The temperature increased with depth and ranged 

from 21.1651 to 21.8374°C. Temperature at the diffuser did not exceed 33°C, demonstrating 

no reasonable potential for instantaneous lethality to passing fish.

pH - Ecology modeled the impact of the effluent pH on the receiving water using the 

calculations from EPA, 1988. The receiving water input variables used are listed above in Table 

5. The effluent input variables used are in Table 4. Ecology used the chronic dilution factor of 

913.

The models predict no violation of the pH criteria under critical conditions. Therefore, Ecology 

placed the technology-based effluent limits for pH in the permit. The effluent pH must be within 

the range of 6.0 to 9.0 at all times. For continuous pH monitoring 40 CFR 401.17 allows 

excursions, provided a single excursion period does not exceed 1 hour and the monthly excursion 

does not exceed 7 hours and 26 minutes (40 CFR 401.17).

Turbidity - Due to the large degree of dilution, Ecology expects no violations of the turbidity 

criteria outside the designated mixing zone.

Toxic Pollutants - Federal regulations (40 CFR 122.44) require Ecology to place limits in 

NPDES permits on toxic chemicals in an effluent whenever there is a reasonable potential for 

those chemicals to exceed the surface water quality criteria. Ecology does not exempt facilities 

with technology-based effluent limits from meeting the surface water quality standards.

The following toxic pollutants are present in the discharge:

Arsenic

Cadmium

Chromium

Copper

Iron

Lead

Nickel

Zinc

Ecology conducted a reasonable potential analysis (see Appendix C – Table 20) on these 

parameters to determine whether it would require effluent limits in this permit.

Ammonia's toxicity depends on that portion which is available in the unionized form. The 

amount of unionized ammonia depends on the temperature and pH in the receiving freshwater. 
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To evaluate ammonia toxicity, Ecology used the available receiving water information for 

ambient station 27A070 and Ecology spreadsheet tools. 

Valid ambient background data was available for arsenic, cadmium, chromium, copper, iron, 

lead, nickel, and zinc. Ecology used all applicable data to evaluate reasonable potential for this 

discharge to cause a violation of water quality standards. 

Ecology determined that ammonia, arsenic, cadmium, chromium, copper, iron, lead, nickel, and 

zinc pose no reasonable potential to exceed the water quality criteria at the critical condition 

using procedures given in EPA, 1991 (Appendix C – Table 20) and as described above. 

Ecology’s determination assumes that this facility meets the other effluent limits of this permit.

Water quality criteria for most metals published in Chapter 173-201A WAC are based on the 

dissolved fraction of the metal (see footnotes to table Chapter 173-201A-240(3) WAC; 2006). 

Emerald may provide data clearly demonstrating the seasonal partitioning of the dissolved metal 

in the ambient water in relation to an effluent discharge. Ecology may adjust metals criteria on a 

site-specific basis when data is available clearly demonstrating the seasonal partitioning in the 

ambient water in relation to an effluent discharge. 

Ecology may also adjust metals criteria using the water effects ratio approach established by the 

EPA, as generally guided by the procedures in U.S. EPA Water Quality Standards Handbook, 

December 1983, as supplemented or replaced.

G. Whole Effluent Toxicity

The water quality standards for surface waters forbid discharge of effluent that causes toxic 

effects in the receiving waters. Many toxic pollutants cannot be measured by commonly available 

detection methods. However, laboratory tests can measure toxicity directly by exposing living 

organisms to the wastewater and measuring their responses. These tests measure the aggregate 

toxicity of the whole effluent, so this approach is called whole effluent toxicity (WET) testing. 

Some WET tests measure acute toxicity and other WET tests measure chronic toxicity.

Acute toxicity tests measure mortality as the significant response to the toxicity of the 

effluent. Dischargers who monitor their wastewater with acute toxicity tests find early 

indications of any potential lethal effect of the effluent on organisms in the receiving water.

Chronic toxicity tests measure various sublethal toxic responses such as reduced growth 

or reproduction. Chronic toxicity tests often involve either a complete life cycle test on 

an organism with an extremely short life cycle, or a partial life cycle test during a critical 

stage of a test organism's life. Some chronic toxicity tests also measure survival.

Ecology-accredited WET testing laboratories use the proper WET testing protocols, fulfill the 

data requirements, and submit results in the correct reporting format. Accredited laboratory staff 

know how to calculate an NOEC, LC50, EC50, IC25, etc. Ecology gives all accredited labs the 

most recent version of Ecology Publication # WQ-R-95-80, Laboratory Guidance and Whole 

Effluent Toxicity Test Review Criteria (http://www.ecy.wa.gov/biblio/9580.html) which is 

referenced in the permit. Ecology recommends that each regulated facility send a copy of the 

acute or chronic toxicity sections(s) of its NPDES permit to the laboratory.
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The plant added a plasticizer, isodecyl benzoate, to its product line by using a new compound, 

isodecanol, in its process. NIOSH International Chemical Safety Card describes isodecanol as 

potentially harmful to fish and the environment. Emerald submitted worse-case analysis on the 

isodecanol loading to the wastewater. The isodecanol processing is in batches and contributes 

about 0.009% of the total process wastewater. The analysis demonstrates the worse-case 

concentration of isodecanol in the effluent (145 μg/L) is below the no effect concentration for 

fish (LC0 of 400 μg/L). Ecology reviewed the analysis and determined that no effluent recharacterization is necessary. 

H. Human Health

Washington’s water quality standards include 91 numeric human health-based criteria that

Ecology must consider when writing NPDES permits. These criteria were established in 1992

by the U.S. EPA in its National Toxics Rule (40 CFR 131.36). The National Toxics Rule allows 

states to use mixing zones to evaluate whether discharges comply with human health criteria.

Ecology determined the effluent may contain chemicals of concern posing a risk to human 

health. Ecology determined this because (1) the volume of wastewater flow to the receiving 

water, (2) data or process information indicate regulated chemicals occur in the discharge, or 

(3) the receiving water is a water body that is 303(d) listed (quality impaired) for a regulated 

chemical, that is known or expected to be in the discharge.

Ecology conducted a determination of the discharge's potential to violate the water quality 

standards as required by 40 CFR 122.44(d) by following the procedures published in the 

Technical Support Document for Water Quality-Based Toxics Control (EPA/505/2-90-001) and 

Ecology's Permit Writer's Manual (Ecology Publication 92-109, July 2006) to make this 

reasonable potential determination. Our evaluation showed that the discharge has no reasonable 

potential to cause a violation of water quality standards, thus an effluent limit is not warranted

(see Appendix C – Table 21).

I. Sediment Quality

The aquatic sediment standards (Chapter 173-204 WAC) protect aquatic biota and human health. 

Under these standards, Ecology may require a facility to evaluate the potential for its discharge 

to cause a violation of sediment standards (Chapter 173-204-400 WAC). You can obtain 

additional information about sediments at the Aquatic Lands Cleanup Unit website:

http://www.ecy.wa.gov/programs/tcp/smu/sediment.html

Through a review of the discharger characteristics and of the effluent characteristics, Ecology 

determined that this discharge has no reasonable potential to violate the Sediment Management 

Standards. 

J. Ground Water Quality Limits

The Ground Water Quality Standards, (Chapter 173-200 WAC), protect beneficial uses of 

ground water. Permits issued by Ecology must not allow violations of those standards (Chapter 

173-200-100 WAC). 
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Emerald does not discharge wastewater to ground and therefore Ecology imposed no permit 

limits to protect ground water.

K. Comparison of Effluent Limits with Limits of the Previous Permit Issued on July 25, 

2002

Ecology considers changes in the facility’s processes wastewater operations following the 

issuance of the previous permit. We revised the permit limit for the following:

BOD5 – The facility produces organic chemicals in more than one subcategory and has 

plant-specific BOD5 limits that are “production-proportioned concentration limits” (40 

CFR 414.11). “Production-proportioned concentration limits” take into account the 

percent production in the bulk, commodity, and specialty chemical subcategories. Since 

the previous permit Emerald shifted more of its production from commodity to specialty 

chemicals. Ecology re-evaluated the BOD5 limits for process wastewater based on new

production data. Ecology also re-evaluated the storm water and groundwater 

contributions to BOD5 loading using the 99% treatment efficiency determined to meet 

AKART. The BOD5 limit for the combined treated process wastewater, storm water, and 

groundwater is lower than in the previous permit limit.

TSS – The facility produces organic chemicals in more than one subcategory and has 

plant-specific TSS limits that are “production-proportioned concentration limits” (40 

CFR 414.11). “Production-proportioned concentration limits” take into account the 

percent production in the bulk, commodity, and specialty chemical subcategories. Since 

the previous permit Emerald shifted more of its production from commodity to specialty 

chemicals. Ecology re-evaluated the TSS limits for process wastewater based on recent 

production data. The increase in the production of specialty chemicals, which have 

higher technology-based limits than commodity chemicals, results in higher TSS limits 

than in the previous permit. Ecology gives no allowance for TSS in storm water and 

groundwater. 

Copper, nickel, and zinc – The technology-based limits are the concentrations listed in 40 

CFR 414.91 times the flow from the respective metal-bearing waste streams. Emerald 

has updated the metal-bearing waste stream flow, which Ecology used to determine new 

limits. The proposed limits are lower than limits in the previous permit.

Table 12 - Comparison of Effluent Limits

Parameter Outfall

Basis of 

Limit Units

Previous

Effluent Limits

Proposed

Effluent Limits

Ave 

Monthly

Max 

Daily

Ave 

Monthly

Max 

Daily

Temperature 001 Technology °C None 40.7 None 40.7

pH 002 Technology Std.

unit

≥ 6.0 and ≤ 9.0, 

excursions allowed 

(see Table 2)

Same as previous 

permit limits

Biochemical 

oxygen demand 

(BOD5)

002 Technology lb/day 104 277 95 258
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Parameter Outfall

Basis of 

Limit Units

Previous

Effluent Limits

Proposed

Effluent Limits

Ave 

Monthly

Max 

Daily

Ave 

Monthly

Max 

Daily

Total suspended 

solids (TSS) 002 Technology lb/day 127 412 129 418

Copper 002 Technology lb/day 0.67 1.54 0.267 0.621

Nickel 002 Technology lb/day 0.50 1.13 0.426 1.00

Zinc 002 Technology lb/day 0.49 1.19 0.193 0.480

Emerald has technology-based limits for Outfall 002 priority pollutants. The limits are based on 

federal effluent guidelines (40 CFR 414.91) and are the same as those in the previous permit.

Ecology used the wastewater volume of 400 gpm to derive the pollutant loading limits. The 

wastewater volume includes process wastewater and groundwater extracted from remedial action 

at the site. Ecology reviewed the process and remedial wastewater data and found they contain 

similar concentrations of the pollutants listed in Table 13. The similar concentrations are due to 

the remediation water containing materials spilled from past plant operations. The remedial 

water does not dilute these pollutants in the process wastewater. Therefore, Ecology applied 

technology-based limits to both the process and remedial wastewater streams for the pollutants in 

Table 13.

Table 13 – Comparison of Outfall 002 Technology-based Effluent Limit (lb/day)

Previous Effluent Limits Proposed Effluent Limits

Toxic Pollutant Monthly 

Average

Maximum 

Daily

Monthly

Average

Maximum 

Daily

Phenol 0.072 0.125 0.072 0.125

Bis(2-ethylhexyl) phthalate 0.495 1.340 0.495 1.340

Toluene 0.125 0.384 0.125 0.384

Benzene 0.178 0.653 0.178 0.653

Ethylbenzene 0.154 0.519 0.154 0.519

Fluorene 0.106 0.283 0.106 0.283

Naphthalene 0.106 0.283 0.106 0.283

Acenaphthene 0.106 0.283 0.106 0.283

Acenaphthylene 0.106 0.283 0.106 0.283

Acrylonitrile 0.461 1.163 0.461 1.163

Anthracene 0.106 0.283 0.106 0.283

Benzo(a)anthracene 0.106 0.283 0.106 0.283

3,4-Benzofluoranthene 0.110 0.293 0.110 0.293

Benzo(k)fluoranthene 0.106 0.283 0.106 0.283

Benzo(a)pyrene 0.110 0.293 0.110 0.293

Carbon tetrachloride 0.086 0.183 0.086 0.183

Chlorobenzene 0.072 0.135 0.072 0.135

Chloroethane 0.500 1.287 0.500 1.287

Chloroform 0.101 0.221 0.101 0.221

2-Chlorophenol 0.149 0.471 0.149 0.471
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Previous Effluent Limits Proposed Effluent Limits

Toxic Pollutant Monthly 

Average

Maximum 

Daily

Monthly

Average

Maximum 

Daily

Chrysene 0.106 0.283 0.106 0.283

Di-n-butyl phthalate 0.130 0.274 0.130 0.274

1,2-Dichlorobenzene 0.370 0.783 0.370 0.783

1,3-Dichlorobenzene 0.149 0.211 0.149 0.211

1,4-Dichlorobenzene 0.072 0.135 0.072 0.135

1,1-Dichloroethane 0.106 0.283 0.106 0.283

1,2-Dichloroethane 0.327 1.014 0.327 1.014

1,1-Dichloroethylene 0.077 0.120 0.077 0.120

1,2-trans-Dichloroethylene 0.101 0.259 0.101 0.259

2,4-Dichlorophenol 0.187 0.538 0.187 0.538

1,2-Dichloropropane 0.735 1.105 0.735 1.105

1,3-Dichloropropylene 0.139 0.211 0.139 0.211

Diethyl phthalate 0.389 0.975 0.389 0.975

2,4-Dimethylphenol 0.086 0.173 0.086 0.173

Dimethyl phthalate 0.091 0.226 0.091 0.226

4,6-Dinitro-o-cresol 0.375 1.331 0.375 1.331

2,4-Dinitrophenol 0.341 0.591 0.341 0.591

2,4-Dinitrotoluene 0.543 1.369 0.543 1.369

2,6-Dinitrotoluene 1.225 3.079 1.225 3.079

Fluoranthene 0.120 0.327 0.120 0.327

Hexachlorobenzene 0.072 0.135 0.072 0.135

Hexachlorobutadiene 0.096 0.235 0.096 0.235

Hexachloroethane 0.101 0.259 0.101 0.259

Methyl chloride 0.413 0.913 0.413 0.913

Methylene chloride 0.192 0.428 0.192 0.428

Nitrobenzene 0.130 0.327 0.130 0.327

2-Nitrophenol 0.197 0.331 0.197 0.331

4-Nitrophenol 0.346 0.596 0.346 0.596

Phenanthrene 0.106 0.283 0.106 0.283

Pyrene 0.120 0.322 0.120 0.322

Tetrachloroethylene 0.106 0.269 0.106 0.269

1,2,4-Trichlorobenzene 0.327 0.673 0.327 0.673

1,1,1-Trichloroethane 0.101 0.259 0.101 0.259

1,1,2-Trichloroethane 0.101 0.259 0.101 0.259

Trichloroethylene 0.101 0.259 0.101 0.259

Vinyl chloride 0.500 1.287 0.500 1.287
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IV. MONITORING REQUIREMENTS

Ecology requires monitoring, recording, and reporting (Chapter 173-220-210 WAC and 40 CFR 

122.41) to verify that the treatment process is functioning correctly and that the discharge 

complies with the permit’s effluent limits.

The monitoring schedule is detailed in the proposed permit under Condition S.2. Specified 

monitoring frequencies take into account the quantity and variability of the discharge, the 

treatment method, past compliance, significance of pollutants, and cost of monitoring. 

Ecology may authorize a discharger subject to technology-based effluent limitation guideline and 

standards to forgo sampling of pollutants found at 40 CFR Subchapter N if the discharger 

demonstrated through sampling and other technical factors that the pollutant is not present in the 

discharge prior to treatment or is present only at background levels from intake water and 

without any increase in the pollutant due to activities of the discharger (40 CFR 122.44(a)(2)). 

During the permit term, Emerald will have an opportunity to submit sampling and other technical 

information to apply for the permit waiver. If the facility meets the requirements of 40 CFR 

122.44(a)(2), Ecology will waive the monitoring for the pollutants. 

Ecology reviewed the monitoring frequency for the following:

Arsenic – The previous permit requires receiving water monitoring because the section of 

the river at the point of discharge is 303(d)-listed for arsenic. Monitoring in the previous 

permit provided arsenic data on the effluent and receiving water (see Section III.D). The 

proposed permit does not require effluent or receiving water monitoring.

Bis(2-ethylhexyl) phthalate – The source of the pollutant may be from PVC joint rings

in the plant process sewer (ThermoRetec, 2000). Bis(2-ethylhexyl) phthalate is in the 

groundwater being remediated and has the potential of being in the discharge. The 

pollutant is occasionally detected in the discharge at levels above the background.

Based on our review of data in the past two years, Ecology found the facility meets the 

“Reduced Monitoring for Exemplary Performance” criteria; the long-term average

discharge is less than 5% of the average monthly limit (Appendix C - Table 28).

Figure 3 on page 64 shows the effluent discharge is well below the limit for the past two 

years. The proposed permit reduces the monitoring frequency from monthly to once 

every six months as prescribed in the 2008 Ecology’s Water Quality Program Permit 

Writer Manual.

The previous permit requires receiving water monitoring because the section of the river 

at the point of discharge is 303(d)-listed for bis(2-ethylhexyl) phthalate. Sampling during 

the previous permit provided sufficient data to characterize the receiving water. The

proposed permit does not require receiving water monitoring.

PCB 1254 – The previous permit requires receiving water monitoring because the section 

of the river at the point of discharge is 303(d)-listed for PCB 1254. Monitoring and 

inspection data during the previous permit show no difference between PCB 1254 levels 

in the discharge and receiving water. The pollutant detected in the discharge is from the 

receiving water, which Emerald uses and discharges as non-contact cooling water. The 

facility is not a source of PCB 1254. No further monitoring is required.
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Phenol – Phenol has been below method reporting limit following the phenol plant shut 

down in December 2006. Phenol was non-detect during the entire permit cycle except for 

one sample in November 2006, which Emerald took prior to the phenol shut down.

Ecology sampled the discharge during our 2007 and 2008 inspections using lower 

detection limits. The sampling shows phenol is present in the effluent at 0.06 and 0.71 

μg/L and above the receiving water level of < 0.06 μg/L. The facility will continue 

monitoring for this pollutant. Based on our review of data in the past two years, Ecology 

found the facility meets the “Reduced Monitoring for Exemplary Performance criteria; 

the long-term average discharge is less than 34% of the average monthly limit 

(Appendix C - Table 28). Figure 3 on page 64 shows the discharge is well below the 

limit for the past two years. The proposed permit reduces the monitoring frequency from 

monthly to quarterly as prescribed in the 2008 Ecology’s Water Quality Program Permit 

Writer Manual.

The proposed permit retains the monitoring requirements for outfall 001 in the previous permit. 

The facility will continue monthly monitoring of toluene at outfall 001 due to the potential for 

spills. Outfall 002 monitoring frequency for flow, pH, BOD5, TSS, copper, nickel, zinc, toluene, 

benzene, ethylbenzene, and naphthalene are the same as the previous permit.

A. Lab Accreditation

Ecology requires that facilities must use a laboratory registered or accredited under the 

provisions of Chapter 173-50 WAC, Accreditation of Environmental Laboratories to prepare all 

monitoring data (with the exception of certain parameters). Ecology accredited the laboratory at 

this facility for: pH, total suspended solids, and BOD5.

V. OTHER PERMIT CONDITIONS

A. Reporting and Recordkeeping

Ecology based permit condition S3 on our authority to specify any appropriate reporting and 

recordkeeping requirements to prevent and control waste discharges (Chapter 173-220-210

WAC).

B. Non-Routine and Unanticipated Discharges

Occasionally, this facility may generate wastewater which was not characterized in the permit 

application because it is not a routine discharge and was not anticipated at the time of 

application. These wastes typically consist of waters used to pressure-test storage tanks or fire 

water systems or of leaks from drinking water systems. 

The permit authorizes non-routine and unanticipated discharges under certain conditions. The 

facility must characterize these waste waters for pollutants and examine the opportunities for 

reuse. Depending on the nature and extent of pollutants in this wastewater and on any 

opportunities for reuse, Ecology may:

Authorize the facility to discharge the wastewater.
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Require the facility to treat the wastewater.

Require the facility to reuse the wastewater.

C. Spill Plan

This facility stores a quantity of chemicals on-site that have the potential to cause water pollution 

if accidentally released. Ecology can require a facility to develop best management plans to 

prevent this accidental release [section 402(a)(1) of the Federal Water Pollution Control Act 

(FWPCA) and RCW 90.48.080]. 

Emerald developed a plan for preventing the accidental release of pollutants to state waters and 

for minimizing damages if such a spill occurs. The proposed permit requires the facility to 

update this plan and submit it to Ecology.

D. Solid Waste Control Plan

Emerald could cause pollution of the waters of the state through inappropriate disposal of solid 

waste or through the release of leachate from solid waste.

This proposed permit requires this facility to update the approved solid waste control plan 

designed to prevent solid waste from causing pollution of waters of the state. The updated plan 

must be submitted to Ecology for approval (RCW 90.48.080).

E. Effluent Mixing Study

Ecology estimated the amount of mixing of discharge with receiving water that occurs within the 

authorized mixing zone. Based on the estimate it determined the potential for the mixture to 

violate the water quality standards for surface waters at the edge of the mixing zone (Chapter 

173-201A WAC). The current discharge volume is about 30 percent less than the discharge used 

the 1993 mixing study by Beaks Consultant. However, the facility expected to resume discharge 

consistent with the 1993 study. 

Ecology used the UM3 model to determine the effects of the reduced discharge volume and if the 

facility will need to update the mixing zone study. Ecology modeled the current discharge 

conditions and 1993 discharge conditions. We compared the results of the three-dimensional 

UM3 model against the two-dimensional UM and RSB models in the previous study (Table 27). 

Ecology’s modeling predicts higher dilution at the mixing zones than the previous study.

The discharge pipe and port configuration are the same as in 1993 study; the facility performed 

routine inspection of the discharge pipe. Therefore, Ecology will not require Emerald to update 

the mixing zone and temperature study. 

F. Outfall Evaluation

Ecology requires Emerald to conduct an outfall inspection and submit a report detailing the 

findings of that inspection (proposed permit Condition S.12). The facility must inspect its 

discharge pipe and diffusers to determine their physical condition, and to evaluate the extent of 

sediment accumulations in the vicinity of the outfall.
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G. Treatment System Operating Plan

Ecology requires industries to take all reasonable steps to properly operate and maintain their

wastewater treatment system in accordance with state and federal regulations (40 CFR 122.41(e) 

and Chapter 173-220-150 (1)(g) WAC). The facility has prepared an operation and maintenance 

manual as required by state regulation for the construction of wastewater treatment facilities 

(Chapter 173-240-150 WAC). Implementation of the procedures in the Treatment System 

Operating Plan ensures the facility’s compliance with the terms and limits in the permit.

H. Pollution Prevention Plan

Pollution Prevention is inherent in the goals of the Clean Water Act (zero discharge). In the 

previous permit, the facility prepared and submitted the wastewater pollution prevention in two 

phases. Phase I identified pollution prevention activities. Phase II determined the technical and 

economical feasibility for the pollution prevention activities. The pollution prevention 

opportunities are as follow:

Table 14 - Wastewater Pollution Prevention

Pollution Prevention 

Opportunity Goal Status

Pollution prevention 

training for employees

Stress the importance of P2 as company goal 

and allows employees and contractor to submit 

suggestions for pollution prevention 

opportunities

Ongoing

Use treatment plant 

effluent as cooling water Reduces municipal water use Ongoing

Benzoate wastewater 

reclamation and reuse Reduces benzoate wastewater loading On hold

Installation of distributive 

control system (DCS) a Reduces wastewater loading Completed

Use treatment plant 

effluent to premix 

polymer

Reduce municipal water use Completed

Use nitrogen stripper to 

recover volatile aromatics 

Reduces toluene and benzene loading from the 

phenol process to wastewater Eliminated b

a DCS reduces 2 gpm of wastewater by optimizing the plant processes.

b The opportunity was eliminated due to the phenol process shut down. Emerald routed the wastewater to benzoic 

process for reclamation.

Ecology proposes to retain the pollution prevention conditions in the permit. The plan ensures 

the continuing emphasis on pollution prevention as Emerald’s goal and identification of new 
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pollution prevention opportunities. The permit proposes to update the plan to include new 

wastewater pollution prevention opportunities. 

I. Priority Pollutant Scan

The permit requires a priority pollutant scan of the effluent. Ecology reviewed the effluent data

on a case-by-case basis to determine the frequency the scan.

Ecology reviewed pollutant data in Emerald’s permit renewal application. About 27 of the 

pollutants on the list are below detection levels in Appendix A of the proposed permit. An 

additional 17 pollutants are PCBs and pesticides not found in the effluent or not used on site. 

The permit already requires monthly, quarterly, or semi-annual monitoring of 63 pollutants on 

the list. Therefore, Ecology requires priority pollutant scan once every two year.

In additional to the pollutants in the federal regulations, the permit may include monitoring for 

Ecology’s persistent, bioaccumulative toxins (PBTs). The PBTs are the following polycyclic 

aromatic hydrocarbons (PAHs): 

Benzo(r,s,t)pentaphene

Dibenzo(a,j)acridine

Dibenzo(a,h)acridine

Dibenzo(a,e)pyrene

Dibenzo(a,h)pyrene

3-methyl cholanthrene

Perylene

Common sources of PAHs are crude oil and coal and the incomplete combustion of coal/wood. 

Emerald tested for other PAHs, including as anthracene and pyrene, and did not detected them in 

the effluent; the facility is not a source of these compounds. Ecology removed the above PBTs 

from the priority pollutant scan. 

J. General Conditions

Ecology bases the standardized General Conditions on state and federal law and regulations. 

They are included in all individual industrial NPDES permits issued by Ecology.

VI. PERMIT ISSUANCE PROCEDURES

A. Permit Modifications

Ecology may modify this permit to impose numerical limits, if necessary to comply with water 

quality standards for surface waters, with sediment quality standards, or with water quality 

standards for ground waters, after obtaining new information from sources such as inspections, 

effluent monitoring, outfall studies, and effluent mixing studies.

Ecology may also modify this permit to comply with new or amended state or federal 

regulations.
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B. Proposed Permit Issuance

This proposed permit includes all statutory requirements for Ecology to authorize a wastewater 

discharge. The permit includes limits and conditions to protect human health and aquatic life, 

and the beneficial uses of waters of the State of Washington. Ecology proposes to issue this

permit for a term of five years.

VII. REFERENCES FOR TEXT AND APPENDICES

Environmental Protection Agency (EPA) 

1991. Technical Support Document for Water Quality-based Toxics Control. EPA/505/2-

90-001.

1988. Technical Guidance on Supplementary Stream Design Conditions for Steady State 

Modeling. USEPA Office of Water, Washington, D.C.

1985. Water Quality Assessment: A Screening Procedure for Toxic and Conventional 

Pollutants in Surface and Ground Water. EPA/600/6-85/002a.

1983. Water Quality Standards Handbook. USEPA Office of Water, Washington, D.C.

Parametrix, Inc. 

1995. Engineering Report for Industrial Wastewater Treatment Facility Modification and 

Expansion, Kalama Chemical Inc.

ThermoRetec Consulting Corporation.

2000. Remedial Investigation: BFGoodrich Kalama Facility.

Tsivoglou, E.C., and J.R. Wallace. 

1972. Characterization of Stream Reaeration Capacity. EPA-R3-72-012. (Cited in EPA 

1985 op.cit.) 

Washington State Department of Ecology.

1994. Permit Writer’s Manual. Publication Number 92-109 

Washington State Department of Ecology.

2007. Focus Sheet on Solid Waste Control Plan, Developing a Solid Waste Control Plan 

for Industrial Wastewater Discharge Permittees. Publication Number 07-10-024

Washington State Department of Ecology.

Laws and Regulations( http://www.ecy.wa.gov/laws-rules/index.html )

Permit and Wastewater Related Information 

(http://www.ecy.wa.gov/programs/wq/wastewater/index.html 
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Wright, R.M., and A.J. McDonnell.

1979. In-stream Deoxygenation Rate Prediction. Journal Environmental Engineering 

Division, ASCE. 105(EE2). (Cited in EPA 1985 op.cit.) 
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APPENDIX A–PUBLIC INVOLVEMENT INFORMATION

Ecology proposes to reissue a permit to Emerald Kalama Chemical. The permit prescribes 

operating conditions and wastewater discharge limits. This fact sheet describes the facility and 

Ecology’s reasons for requiring permit conditions. 

Ecology will place a Public Notice on May 20, 2009 in The Daily News to inform the public and 

to invite comment on the proposed National Pollutant Discharge Elimination System permit as 

drafted.

The Notice –

Tells where copies of the draft Permit and Fact Sheet are available for public evaluation

(a local public library, the closest Regional or Field Office, posted on our website.).

Offers to provide the documents in an alternate format to accommodate special needs.

Asks people to tell us how well the proposed permit would protect the receiving water.

Invites people to suggest fairer conditions, limits, and requirements for the permit.

Invites comments on Ecology’s determination of compliance with antidegradation rules.

Urges people to submit their comments, in writing, before the end of the comment period

Tells how to request a public hearing about the proposed NPDES Permit.

Explains the next step(s) in the permitting process.

Ecology has published a document entitled Frequently Asked Questions about Effective 

Public Commenting which is available on our website at:

http://www.ecy.wa.gov/biblio/0307023.html. 

You may obtain further information from Ecology by telephone, (360) 407-6064, or by writing 

to the permit writer at the address listed below:

Water Quality Permit Coordinator

Department of Ecology

Industrial Section 

PO Box 47706 

Olympia, WA 98504-7600

The primary author of this permit and fact sheet is Ha Tran.
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APPENDIX B - GLOSSARY

1-Dmax or 1-day maximum temperature - The highest water temperature reached on any 

given day. This measure can be obtained using calibrated maximum/minimum thermometers 

or continuous monitoring probes having sampling intervals of thirty minutes or less. 

7-DADMax or 7-day average of the daily maximum temperatures - The arithmetic average of 

seven consecutive measures of daily maximum temperatures. The 7-DADMax for any 

individual day is calculated by averaging that day's daily maximum temperature with the 

daily maximum temperatures of the three days prior and the three days after that date.

Acute Toxicity - The lethal effect of a compound on an organism that occurs in a short period of 

time, usually 48 to 96 hours. 

AKART - The acronym for “all known, available, and reasonable methods of prevention, control 

and treatment.” AKART is a technology-based approach to limiting pollutants from 

wastewater discharges which requires an engineering judgment and an economic judgment. 

AKART must be applied to all wastes and contaminants prior to entry into waters of the state 

in accordance with RCW 90.48.010 and 520, Chapters 173-200-030(2)(c)(ii) and 173-216-

110(1)(a) WAC.

Ambient Water Quality - The existing environmental condition of the water in a receiving 

water body.

Ammonia - Ammonia is produced by the breakdown of nitrogenous materials in wastewater. 

Ammonia is toxic to aquatic organisms, exerts an oxygen demand, and contributes to 

eutrophication. It also increases the amount of chlorine needed to disinfect wastewater.

Annual Average Design Flow (AADF) - The average of the daily flow volumes anticipated to occur 

over a calendar year.

Average Monthly Discharge Limit - The average of the measured values obtained over a 

calendar month's time.

Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, 

maintenance procedures, and other physical, structural and/or managerial practices to prevent 

or reduce the pollution of waters of the State. BMPs include treatment systems, operating 

procedures, and practices to control: plant site runoff, spillage or leaks, sludge or waste 

disposal, or drainage from raw material storage. BMPs may be further categorized as 

operational, source control, erosion and sediment control, and treatment BMPs.

BOD5 - Determining the Biochemical Oxygen Demand of an effluent is an indirect way of 

measuring the quantity of organic material present in an effluent that is utilized by bacteria. 

The BOD5 is used in modeling to measure the reduction of dissolved oxygen in receiving 

waters after effluent is discharged. Stress caused by reduced dissolved oxygen levels makes 

organisms less competitive and less able to sustain their species in the aquatic environment. 

Although BOD is not a specific compound, it is defined as a conventional pollutant under the 

federal Clean Water Act.

Bypass - The intentional diversion of waste streams from any portion of a treatment facility.
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Chlorine - Chlorine is used to disinfect wastewaters of pathogens harmful to human health. It is 

also extremely toxic to aquatic life. 

Chronic Toxicity - The effect of a compound on an organism over a relatively long time, often 

1/10 of an organism's lifespan or more. Chronic toxicity can measure survival, reproduction 

or growth rates, or other parameters to measure the toxic effects of a compound or 

combination of compounds. 

Clean Water Act (CWA) - The Federal Water Pollution Control Act enacted by Public Law 92-

500, as amended by Public Laws 95-217, 95-576, 96-483, 97-117; USC 1251 et seq.

Compliance Inspection - Without Sampling - A site visit for the purpose of determining the 

compliance of a facility with the terms and conditions of its permit or with applicable statutes 

and regulations.

Compliance Inspection - With Sampling - A site visit for the purpose of determining the 

compliance of a facility with the terms and conditions of its permit or with applicable statutes 

and regulations. In addition it includes as a minimum, sampling and analysis for all 

parameters with limits in the permit to ascertain compliance with those limits; and, for 

municipal facilities, sampling of influent to ascertain compliance with the 85 percent removal 

requirement. Ecology may conduct additional sampling.

Composite Sample - A mixture of grab samples collected at the same sampling point at different 

times, formed either by continuous sampling or by mixing discrete samples. May be "timecomposite"(collected at constant time intervals) or "flow-proportional" (collected either as a 

constant sample volume at time intervals proportional to stream flow, or collected by 

increasing the volume of each aliquot as the flow increased while maintaining a constant time 

interval between the aliquots.

Construction Activity - Clearing, grading, excavation and any other activity which disturbs the 

surface of the land. Such activities may include road building, construction of residential 

houses, office buildings, or industrial buildings, and demolition activity.

Continuous Monitoring - Uninterrupted, unless otherwise noted in the permit.

Critical Condition - The time during which the combination of receiving water and waste 

discharge conditions have the highest potential for causing toxicity in the receiving water 

environment. This situation usually occurs when the flow within a water body is low, thus, 

its ability to dilute effluent is reduced.

Detection Limit - See Method Detection Level.

Dilution Factor (DF) - A measure of the amount of mixing of effluent and receiving water that 

occurs at the boundary of the mixing zone. Expressed as the inverse of the percent effluent 

fraction e.g., a dilution factor of 10 means the effluent comprises 10% by volume and the 

receiving water 90%.

Engineering Report - A document which thoroughly examines the engineering and administrative 

aspects of a particular domestic or industrial wastewater facility. The report must contain the 

appropriate information required in Chapter 173-240-060 or 173-240-130 WAC.
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Fecal Coliform Bacteria - Fecal coliform bacteria are used as indicators of pathogenic bacteria 

in the effluent that are harmful to humans. Pathogenic bacteria in wastewater discharges are 

controlled by disinfecting the wastewater. The presence of high numbers of fecal coliform 

bacteria in a water body can indicate the recent release of untreated wastewater and/or the 

presence of animal feces.

Grab Sample - A single sample or measurement taken at a specific time or over as short a 

period of time as is feasible.

Industrial Wastewater - Water or liquid-carried waste from industrial or commercial processes, 

as distinct from domestic wastewater. These wastes may result from any process or activity 

of industry, manufacture, trade or business, from the development of any natural resource, or 

from animal operations such as feed lots, poultry houses, or dairies. The term includes 

contaminated storm water and, also, leachate from solid waste facilities.

Major Facility - A facility discharging to surface water with an EPA rating score of > 80 points 

based on such factors as flow volume, toxic pollutant potential, and public health impact.

Maximum Daily Discharge Lim–t - The highest allowable daily discharge of a pollutant 

measured during a calendar day or any 24-hour period that reasonably represents the calendar 

day for purposes of sampling. The daily discharge is calculated as the average measurement 

of the pollutant over the day. 

Maximum Day Design Flow (MDDF) - The largest volume of flow anticipated to occur during 

a one-day period, expressed as a daily average.

Maximum Month Design Flow (MMDF) - The largest volume of flow anticipated to occur 

during a continuous 30-day period, expressed as a daily average.

Maximum Week Design Flow (MWDF) - The largest volume of flow anticipated to occur during a 

continuous 7-day period, expressed as a daily average.

Method Detection Level (MDL) - The minimum concentration of a substance that can be 

measured and reported with 99% confidence that the pollutant concentration is above zero 

and is determined from analysis of a sample in a given matrix containing the pollutant.

Minor Facility - A facility discharging to surface water with an EPA rating score of < 80 points 

based on such factors as flow volume, toxic pollutant potential, and public health impact.

Mixing Z–e--An area that surrounds an effluent discharge within which water quality criteria 

may be exceeded. The area of the authorized mixing zone is specified in a facility permit and 

follows procedures outlined in state regulations (Chapter 173-201A WAC).

National Pollutant Discharge Elimination System (NPDE–) - The NPDES (Section 402 of the 

Clean Water Act) is the Federal wastewater permitting system for discharges to navigable 

waters of the United States. Many states, including the State of Washington, have been 

delegated the authority to issue these permits. NPDES permits issued by Washington State 

permit writers are joint NPDES/State permits issued under both State and Federal laws.

Overflow – A release of wastewater to the environment or areas outside of containment. Overflow

does not include releases to containment.
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pH - The pH of a liquid measures its acidity or alkalinity. It is the negative logarithm of the 

hydrogen ion concentration. A pH of 7 is defined as neutral, and large variations above or 

below this value are considered harmful to most aquatic life.

Peak Hour Design Flow (PHDF) - The largest volume of flow anticipated to occur during a 

one-hour period, expressed as a daily or hourly average.

Peak Instantaneous Design Flow (PIDF) - The maximum anticipated instantaneous flow.

Quantitation Level (QL) - The smallest detectable concentration of analyte greater than the 

Detection Limit (DL) where the accuracy (precision &bias) achieves the objectives of the 

intended purpose. This may also be called Minimum Level or Reporting Level.

Reasonable Potential - A reasonable potential to cause a water quality violation, or loss of 

sensitive and/or important habitat.

Responsible Corporate Officer - A president, secretary, treasurer, or vice-president of the 

corporation in charge of a principal business function, or any other person who performs 

similar policy- or decision-making functions for the corporation, or the manager of one or 

more manufacturing, production, or operating facilities employing more than 250 persons or 

have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 

dollars), if authority to sign documents has been assigned or delegated to the manager in 

accordance with corporate procedures (40 CFR 122.22).

Technology-based Effluent Limit - A permit limit that is based on the ability of a treatment 

method to reduce the pollutant.

Total Suspended Solids (TSS) - Total suspended solids is the particulate material in an effluent. 

Large quantities of TSS discharged to receiving waters may result in solids accumulation. 

Apart from any toxic effects attributable to substances leached out by water, suspended solids 

may kill fish, shellfish, and other aquatic organisms by causing abrasive injuries and by 

clogging the gills and respiratory passages of various aquatic fauna. Indirectly, suspended 

solids can screen out light and can promote and maintain the development of noxious 

conditions through oxygen depletion. 

Solid waste - All putrescible and non-putrescible solid and semisolid wastes including, but not 

limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and 

construction wastes, abandoned vehicles or parts thereof, contaminated soils and 

contaminated dredged material, and recyclable materials.

State Waters - Lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and 

all other surface waters and watercourses within the jurisdiction of the state of Washington.

Stormwater - That portion of precipitation that does not naturally percolate into the ground or 

evaporate, but flows via overland flow, interflow, pipes, and other features of a storm water 

drainage system into a defined surface water body, or a constructed infiltration facility.

Upset - An exceptional incident in which there is unintentional and temporary noncompliance 

with technology-based permit effluent limits because of factors beyond the reasonable 

control of the facility. An upset does not include noncompliance to the extent caused by 

operational error, improperly designed treatment facilities, lack of preventative maintenance, 

or careless or improper operation.
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Water Quality-based Effluent Limit - A limit on the concentration of an effluent parameter 

that is intended to prevent the concentration of that parameter from exceeding its water 

quality criterion after it is discharged into receiving waters.
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APPENDIX–C - TECHNICAL CALCULATIONS

Several of the Excel® spreadsheet tools used to evaluate a discharger’s ability to meet 

Washington State water quality standards can be found on Ecology’s homepage at:

http://www.ecy.wa.gov/programs/eap/pwspread/pwspread.html.

Table 15 -Technology-Based Toxic Pollutant Limits for Process Wastewater

Flow (a)

(gpm)

Limit (μg/L) (b) Limit (lbs/day) (c)

Toxic Pollutant Monthly 

Average

Maximum 

Daily

Monthly 

Average

Maximum 

Daily

Acenaphthene 400 22 59 0.056 0.149

Acenaphthylene 400 22 59 0.056 0.149

Acrylonitrile 400 96 242 0.242 0.611

Anthracene 400 22 59 0.056 0.149

Benzene 400 37 136 0.093 0.343

Benzo(a)anthracene 400 22 59 0.056 0.149

3,4-Benzofluoranthene 400 23 61 0.058 0.154

Benzo(k)fluoranthene 400 22 59 0.056 0.149

Benzo(a)pyrene 400 23 61 0.058 0.154

Bis(2-ethylhexyl) phthalate 400 103 279 0.260 0.704

Carbon tetrachloride 400 18 38 0.045 0.096

Chlorobenzene 400 15 28 0.038 0.071

Chloroethane 400 104 268 0.262 0.676

Chloroform 400 21 46 0.053 0.116

2-Chlorophenol 400 31 98 0.078 0.247

Chrysene 400 22 59 0.056 0.149

Di-n-butyl phthalate 400 27 57 0.068 0.144

1,2-Dichlorobenzene 400 77 163 0.194 0.411

1,3-Dichlorobenzene 400 31 44 0.078 0.111

1,4-Dichlorobenzene 400 15 28 0.038 0.071

1,1-Dichloroethane 400 22 59 0.056 0.149

1,2-Dichloroethane 400 68 211 0.172 0.532

1-1-Dichloroethylene 400 16 25 0.040 0.063

1,2-trans-Dichloroethylene 400 21 54 0.053 0.136

2,4-Dichlorophenol 400 39 112 0.098 0.283

1,2-Dichloropropane 400 153 230 0.386 0.580

1,3-Dichloropropylene 400 29 44 0.073 0.111

Diethyl phthalate 400 81 203 0.204 0.512

2,4-Dimethylphenol 400 18 36 0.045 0.091

Dimethyl phthalate 400 19 47 0.048 0.119

4,6-Dinitro-o-cresol 400 78 277 0.197 0.699

2,4-Dinitrophenol 400 71 123 0.179 0.310

2,4-Dinitrotoluene 400 113 285 0.285 0.719

2,6-Dinitrotoluene 400 255 641 0.644 1.618
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Flow (a)

(gpm)

Limit (μg/L) (b) Limit (lbs/day) (c)

Toxic Pollutant Monthly 

Average

Maximum 

Daily

Monthly 

Average

Maximum 

Daily

Ethylbenzene 400 32 108 0.081 0.273

Fluoranthene 400 25 68 0.063 0.172

Fluorene 400 22 59 0.056 0.149

Hexachlorobenzene 400 15 28 0.038 0.071

Hexachlorobutadiene 400 20 49 0.050 0.124

Hexachloroethane 400 21 54 0.053 0.136

Methyl chloride 400 86 190 0.217 0.479

Methylene chloride 400 40 89 0.101 0.225

Naphthalene 400 22 59 0.056 0.149

Nitrobenzene 400 27 68 0.068 0.172

2-Nitrophenol 400 41 69 0.103 0.174

4-Nitrophenol 400 72 124 0.182 0.313

Phenanthrene 400 22 59 0.056 0.149

Phenol 400 15 26 0.038 0.066

Pyrene 400 25 67 0.063 0.169

Tetrachloroethylene 400 22 56 0.056 0.141

Toluene 400 26 80 0.066 0.202

Chromium 0 1110 2770 0.0 0.0

Copper 15.3 1450 3380 0.267 0.621

Cyanide 0 420 1200 0.0 0.0

Lead 0 320 690 0.0 0.0

Nickel 21 1690 3980 0.426 1.004

Zinc 15.3 1050 2610 0.193 0.480

1,2,4-Trichlorobenzene 400 68 140 0.172 0.353

1,1,1-Trichloroethane 400 21 54 0.053 0.136

1,1,2-Trichloroethane 400 21 54 0.053 0.136

Trichloroethylene 400 21 54 0.053 0.136

Vinyl chloride 400 104 268 0.262 0.676

(a) For metals, this is the metal-bearing stream flow associated with specific plant processes (e.g. hexyl cinnamic 

aldehyde production, benzoic acid containment, benzyl/benzyl amine production). (b) From 40 CFR 414.91.

(c) Limit (lbs/day) = Flow (gpm) × limits (μg/L) × conversion factor (0.000012). 
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Table 16 - Technology-based BOD5 Limits for Process Wastewater

40 

CFR

Sub

Category

% 

Produced (a)

Subcategorical limit 

(mg/L)

Production-proportioned 

limit (mg/L) (b)

Monthly 

ave

Max

daily

Monthly 

ave

Max

daily

414.61 Commodity 11.93 30 80 3.58 9.55

414.71 Bulk 55.09 34 92 18.73 50.69

414.81 Specialty 32.97 45 120 14.84 39.57

Plant-specific limit (mg/L) (c) 37 100

Plant-specific limit (lb/day) (d) 94 252

(a) 2006 Average production data in permit renewal application

(b) Percent produced × subcategorical limit × 0.01

(c) Sum of production-proportioned limits for all subcategory

(d) BOD5 limit (mg/L) × process wastewater flow (210 gpm) × conversion factor (0.012). Process wastewater flow 

is the biological plant effluent (400 gpm) minus groundwater flow (150 gpm) and low-COD storm water (40 gpm).

Table 17 - Technology-based TSS Limits for Process Wastewater

40 

CFR

Sub

Category

%

Produced (a)

Subcategorical limit 

(mg/L)

Production-proportioned 

limit (mg/L) (b)

Monthly 

ave

Max

daily

Monthly 

ave

Max

daily

414.61 Commodity 11.93 46 149 5.49 17.78

414.71 Bulk 55.09 49 159 27.00 87.60

414.81 Specialty 32.97 57 183 18.79 60.34

Plant-specific limit (mg/L) (c) 51 166

Plant-specific limit (lb/day) (d) 129 418

(a) 2006 Average production data, based on permit renewal application 

(b) Percent produced × subcategorical limit × 0.01

(c) Sum of production-proportioned limits for all subcategory

(d) TSS limit (mg/L) × process wastewater flow (210 gpm) × conversion factor (0.012). Process wastewater flow is 

the biological plant effluent (400 gpm) minus groundwater flow (150 gpm) and low-COD storm water (40 gpm).
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Table 18 – BOD5 Limit for Outfall 002 Effluent

BOD5 limit (mg/L) BOD5 limit (lb/day)

Flow 

gpm

Average 

monthly

Maximum

daily

Average

monthly

Maximum

daily

Process wastewater (a) 210 37 100 94 252

Storm water, groundwater 190(b) 0.5(c)2.4(c)1.0(d)5.6(d)

Total effluent limit 38 102 95 258

(a) Limits from Table 17

(b) Sum of design groundwater (150 gpm) and storm water (40 gpm) flows

(c) Limit is equal to (1 – treatment efficiency) × BOD5. Treatment efficiency is 99 percent based on treatment data. BOD5 is based on 70 percent of the 

chemical oxygen demand measured in the comingled storm water and groundwater streams from January 2007 to September 2008. BOD5 is 244 mg/L 

maximum and 46 mg/L average.

(d) BOD5 limit (mg/L) × flow × conversion factor (0.012)

Table 19 – TSS Limit for Outfall 002 Effluent

TSS limit (mg/L) TSS limit (lb/day)

Flow 

gpm

Average 

monthly

Maximum

daily

Average

monthly

Maximum

daily

Process wastewater (a) 210 51 166 129 418

Storm water, groundwater 190(b) 0

(c) 0(c) 0(c) 0(c)

Total effluent limit 51 166 129 418

(a) Limits from Table 18

(b) Sum of design groundwater (150 gpm) and storm water (40 gpm) flows

(c) Ecology expects no significant contributions of TSS from groundwater and storm water. No allowance is given.

(d) BOD5 limit (mg/L) × flow × conversion factor (0.012)
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Table 20 - Analysis of Reasonable Potential to Exceed Water Quality Standards Metal Criteria Translator Ambient Concentration, 

μg/L 

(metal as dissolved concentration) (a)

State Water Quality Standard, 

μg/L

Maximum Concentration 

μg/L 

at edge of mixing zone...

LIMIT REQUIRED?Effluent percentile valueMax effluent concentration,μg/L (metal as total recoverable)Number of samples 

n

MultiplierAcute Dilution Factor (b)Chronic Dilution Factor (b)

Pollutant

AcuteChronicAcute ChronicAcuteChronic

Ammonia-N (c) < 20 303 42 4.3 1.7 NO 0.95 250 1 6.20 359 913

Arsenic, outfall 001 1.0 1.0 1.58 360 190 1.6 1.6 NO 0.95 1.2 22 1.32 8.3 21.1

Cadmium 0.94 0.94 < 0.1 2.21 0.72 0.003 0.001 NO 0.95 0.19 1 6.20 359 913

Chromium, hex-

(d) 0.982 0.962 0.80 15 10 0.82 0.81 NO 0.95 0.90 1 6.20 359 913

Chromium, tri-

(d) 0.82 370.97 120.34 0.83 0.82 NO 0.95 0.90 1 6.20 359 913

Copper 1.0 1.0 3.3 10.85 7.54 3.70 3.46 NO 0.95 143.0 55 1.02 359 913

Iron 17 1000 17.16 NO 0.95 48.0 1 6.20 359 913

Lead 0.47 0.47 0.28 38.24 1.49 0.28 0.28 NO 0.95 0.03 1 6.20 359 913

Nickel 0.998 0.997 0.57 944.6 104.9 0.77 0.65 NO 0.95 72.2 55 1.02 359 913

Zinc 1.0 1.0 < 5.0 76.3 69.7 0.07 0.03 NO 0.95 25.3 55 1.02 359 913

(a) Ambient concentrations are taken from data in Table 5. For 20 or less data points, Ecology uses the geometric mean of the ambient concentrations multiplied 

by 1.74 to estimate the 90th percentile. Ambient metal (total recoverable) concentrations are multiplied by the corresponding metal translators to convert into

dissolved form.

(b) Acute and chronic dilution factors from Table 11.

(c) Ecology determines water quality criteria in Table 23. 

(d) Maximum effluent concentration is for chromium total recoverable and does not distinguish between tri- and hexavalent.
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Table 21 - Analysis of Reasonable Potential to Exceed Human Health Criteria Ambient concentration (geometric mean)

μg/L (a)

Water quality criteria for Protection of human health, μg/LMax concentration at edge of chronic mixing zone, μg/LLIMIT REQUIRED?Percentile at 95% confidenceMax effluent concentration, μg/LNumber of samples, 

n

Multiplier50th percentile effluent concentration (if n >10)Dilution Factor (b)

Pollutant

Bis(2-ethylhexyl) phthalate < 0.12 1.8 0.0224 NO 0.50 2.4 57 0.41 0 43

Copper 

(c) 3.1 1000 3.32 NO 0.50 143 58 0.41 14 43

Iron 17 300 19.2 NO 0.50 48.0 1 2.49 43

Manganese 1.53 50 1.84 NO 0.50 5.9 1 2.49 43

Nickel 0.57 610 0.81 NO 0.50 72.2 58 0.41 11 43

Nitrate/nitrite - N < 0.02 10000 128 NO 0.50 2230 1 2.49 43

Phenol (c) < 0.06 300 0.102 NO 0.50 11 58 0.63 0 43

Zinc (c) < 5.0 5000 0.11 NO 0.50 25.3 58 0.41 4.8 43

(a) Ambient concentrations are taken from data in Table 6. For less than 20 or less data points, Ecology uses the geometric mean of the ambient concentrations 

multiplied by 1.74 to estimate the 90th percentile.

(b) Dilution factors from Table 11.

(c) Apply organoleptic criteria, which are more stringent than human health criteria.
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Table 22 – Freshwater Un-ionized Ammonia Criteria 

INPUT

1. Temperature (deg C): 21.80

2. pH: 8.10

3. Is salmonid habitat an existing or designated use? Yes

4. Are non-salmonid early life stages present or absent? Present

OUTPUT

1. Unionized ammonia NH3 criteria (mgNH3/L)

 Acute: 0.303

 Chronic: 0.042

2. Total ammonia nitrogen criteria (mgN/L):

 Acute: 4.641

 Chronic: 0.648

Criteria based Chapter 173-201A WAC, using the Technical Support Document (TSD) 

spreadsheet calculation. Spreadsheet amended on November 20, 2006.
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Table 23 – Temperature Limit Calculation

INPUT

Core Summer 

Criteria

Supplemental 

Criteria

1. Chronic dilution factor at mixing zone boundary 89.0 89.0

2. 1-DMax Ambient temperature (upstream background 90th

percentile) 21.8 °C 21.8 °C

3. 1-DMax Effluent temperature (95th percentile) 35.7 °C 35.7 °C

4. Aquatic life temperature WQ criterion in fresh water 20.0 °C None

OUTPUT

5. Temperature at chronic mixing zone boundary: 22.0 °C 22.0 °C

6. Incremental temperature increase or decrease: 0.2 °C 0.2 °C

7. Incremental temperature increase 28/(T+7) if T< criteria: --- ---

8. Maximum allowable temperature at mixing zone 

boundary:

22.1 °C 22.1 °C

A. If ambient temperature is warmer than WQ criterion

9. Does temp fall within this warmer temp range? YES YES

10. Temp increase allowed at mixing zone boundary, if 

required:

NO LIMIT NO LIMIT

B. If ambient temperature is cooler than WQ criterion but within 28/(Tamb+7) and within 

0.3 °C of the criterion 

11. Does temp fall within this incremental temp range? --- ---

12. Temp increase allowed at mixing zone boundary, if 

required:

--- ---

C. If ambient temp is cooler than (WQ criterion-0.3) but within 28/(Tamb+7) of the 

criterion

13. Does temp fall within this incremental temp range? --- ---

14. Temp increase allowed at mixing zone boundary, if --- ---

D. If ambient temp is cooler than (WQ criterion - 28/(Tamb+7))

15. Does temp fall within this incremental temp range? --- ---

16. Temp increase allowed at mixing zone boundary, if 

required:

--- ---

17. Do any of the above cells show a temp increase? NO NO

18. Temperature limit if required? NO LIMIT NO LIMIT

Criteria based on Chapter 173-201A-200(1)(c)(i),(ii) WAC and Water Quality Program guidance, using Technical 

Support Document (TSD) spreadsheet calculation. Spreadsheet dated August 30, 2008. Spreadsheet was revised 

to evaluate reasonable potential to exceed using 1-DMax data to correspond with 1-DMax fresh water quality 

criterion. Core summer criterion is applicable from July 1 to September 14. Supplemental spawning criteria do 

not apply to the receiving water. 

Line 1 input is from Beaks Consultant Mixing Zone field study in 1993. 

Line 2 input is from Table 5 - Ambient Background Data. 

Line 3 is based on 2007 Discharge Monitoring Reports. 

Line 4 is from Table 8 – Aquatic Life Uses & Associated Criteria. 
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Table 24 - Previous Permit: Outfall 002 Effluent Limits, Monitoring Waived

Limit (lbs/day)

Toxic Pollutant Monthly Average Maximum Daily

Acenaphthene 0.106 0.283

Acenaphthylene 0.106 0.283

Acrylonitrile 0.461 1.163

Anthracene 0.106 0.283

Benzo(a)anthracene 0.106 0.283

3,4-Benzofluoranthene 0.110 0.293

Benzo(k)fluoranthene 0.106 0.283

Benzo(a)pyrene 0.110 0.293

Carbon tetrachloride 0.086 0.183

Chlorobenzene 0.072 0.135

Chloroethane 0.500 1.287

Chloroform 0.101 0.221

2-Chlorophenol 0.149 0.471

Chrysene 0.106 0.283

Di-n-butyl phthalate 0.130 0.274

1,2-Dichlorobenzene 0.370 0.783

1,3-Dichlorobenzene 0.149 0.211

1,4-Dichlorobenzene 0.072 0.135

1,1-Dichloroethane 0.327 1.014

1,2-Dichloroethane 0.327 1.014

1,1-Dichloroethylene 0.077 0.120

1,2-trans-Dichloroethylene 0.101 0.259

2,4-Dichlorophenol 0.187 0.538

1,2-Dichloropropane 0.735 1.105

1,3-Dichloropropylene 0.139 0.211

Diethyl phthalate 0.389 0.975

2,4-Dimethylphenol 0.086 0.173

Dimethyl phthalate 0.091 0.226

4,6-Dinitro-o-cresol 0.375 1.331

2,4-Dinitrophenol 0.341 0.591

2,4-Dinitrotoluene 0.543 1.369

2,6-Dinitrotoluene 1.225 3.079

Fluoranthene 0.120 0.327

Hexachlorobenzene 0.072 0.135

Hexachlorobutadiene 0.096 0.235

Hexachloroethane 0.101 0.259

Methyl chloride 0.413 0.913

Methylene chloride 0.192 0.428

Nitrobenzene 0.130 0.327

2-Nitrophenol 0.197 0.331
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Limit (lbs/day)

Toxic Pollutant Monthly Average Maximum Daily

4-Nitrophenol 0.346 0.596

Phenanthrene 0.106 0.283

Pyrene 0.120 0.322

Tetrachloroethylene 0.106 0.269

1,2,4-Trichlorobenzene 0.327 0.673

1,1,1-Trichloroethane 0.101 0.259

1,1,2-Trichloroethane 0.101 0.259

Trichloroethylene 0.101 0.259

Vinyl chloride 0.500 1.287

Table 25 - Outfall 002 Wastewater Characterization (continued from Table 4)

Maximum Daily Value

Parameter μg/L lbs/day

Chemical oxygen demand (COD) 19000 40

Total organic carbon (TOC) 11400 24

Ammonia 250 0.53

Nitrate-nitrite (as N) 2230 4.74

Nitrogen-N, total organic 1200 2.6

Oil and grease < 5000 < 10.6

Sulfate 19600 41.6

Cobalt, total 223 0.47

Iron, total 48 0.1

Manganese, total 5.9 0.01

Tin, total 0.3 0.0006

Antimony 0.08 0.0002

Arsenic 3.8 0.008

Beryllium < 0.02 < 0.01

Cadmium 0.19 < 0.01

Chromium 0.9 0.002

Lead, total 0.03 < 0.01

Mercury, total < 0.2 < 0.01

Selenium, total < 5.0 < 0.011

Silver, total < 0.02 < 0.01

Thallium, total < 0.02 < 0.01

Cyanide, total < 0.01 < 0.01

Phenols, total < 0.01 < 0.01

2,3,7,8-Tetrachlorodibenzo-p-dioxin < 0.00001 -

Acrolein < 50 < 0.106

Acrylonitrile < 50 < 0.106

Benzene < 10 < 0.021
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Maximum Daily Value

Parameter μg/L lbs/day

Bis(chloromethyl) ether < 9.6 < 0.020

Bromoform < 10 < 0.021

Carbon tetrachloride < 10 < 0.021

Chlorobenzene < 50 < 0.106

Chlorodibromomethane < 10 < 0.021

Chloroethane < 10 < 0.021

2-Chloroethylvinyl ether < 50 < 0.106

Chloroform < 10 < 0.021

Dichlorobromoethane < 10 < 0.021

Dichlorodifluoromethane < 10 < 0.021

1,1-Dichloroethane < 10 < 0.021

1,2-Dichloroethane < 10 < 0.021

1,1-Dichloroethylene < 10 < 0.021

1,2-Dichloropropane < 10 < 0.021

1,3-Dichloropropylene < 10 < 0.021

Ethylbenzene < 10 < 0.021

Methyl bromide < 50 < 0.106

Methyl chloride < 50 < 0.106

Methylene chloride < 20 < 0.042

1,1,2,2,-Tetrachloroethane < 10 < 0.021

Tetrachloroethylene < 10 < 0.021

Toluene < 10 < 0.021

1,2-trans-Dichloroethylene < 10 < 0.021

1,1,1-Trichloroethane < 10 < 0.021

1,1,2-Trichloroethane < 10 < 0.021

Trichloroethylene < 10 < 0.021

Trichlorofluoromethane < 10 < 0.021

Vinyl chloride < 10 < 0.021

2-Chlorophenol < 9.7 < 0.021

2,4-Dichlorophenol < 9.7 < 0.021

2,4-Dimethylphenol < 9.7 < 0.021

4,6-Dinitro-o-cresol < 9.7 < 0.021

2,4-Dinitrophenol < 25 < 0.053

2-Nitrophenol < 9.7 < 0.021

4-Nitrophenol < 25 < 0.053

p-Chloro-m-cresol < 25 < 0.053

Pentachlorophenol < 25 < 0.053

2,4,6-Trichlorophenol < 9.7 < 0.021

Acenaphthene < 9.7 < 0.021

Acenaphthylene < 9.7 < 0.021

Anthracene < 9.7 < 0.021
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Maximum Daily Value

Parameter μg/L lbs/day

Benzidine < 49 < 0.104

Benzo(a)anthracene < 9.7 < 0.021

Benzo(a)pyrene < 9.7 < 0.021

3,4-Benzofluoranthene < 9.7 < 0.021

Benzo(ghi)perylene < 9.7 < 0.021

Benzo(k)fluoranthene < 9.7 < 0.021

Bis(2-chloroethoxy) methane < 9.7 < 0.021

Bis(2-chloroethyl) ether < 9.7 < 0.021

Bis(2-chloroisopropyl) ether < 9.7 < 0.021

Bis(2-ethylhexyl) phthalate < 9.7 < 0.021

4-Bromophenyl phenyl ether < 9.7 < 0.021

Butyl benzyl phthalate < 9.7 < 0.021

2-Chloronaphthalene < 9.7 < 0.021

4-Chlorophenyl phenyl ether < 9.7 < 0.021

Chrysene < 9.7 < 0.021

Dibenzo(a,h) anthracene < 9.7 < 0.021

1,2-Dichlorobenzene < 10 < 0.021

1,3-Dichlorobenzene < 10 < 0.021

1,4-Dichlorobenzene < 10 < 0.021

3,3-Dichlorobenzidine < 25 < 0.053

Diethyl phthalate < 9.7 < 0.021

Dimethyl phthalate < 9.7 < 0.021

Di-n-butyl phthalate < 9.7 < 0.021

2,4-Dinitrotoluene < 9.7 < 0.021

2,6-Dinitrotolune < 9.7 < 0.021

Di-n-octyl phthalate < 9.7 < 0.021

1,2-Diphenyl hydrazine < 9.7 < 0.021

Fluoranthene < 9.7 < 0.021

Fluorene < 9.7 < 0.021

Hexachlorobenzene < 9.7 < 0.021

Hexachlorobutadiene < 9.7 < 0.021

Hexachlorocyclopentadiene < 9.7 < 0.021

Hexachloroethane < 9.7 < 0.021

Indeno(1,2,3-cd) pyrene < 9.7 < 0.021

Isophorone < 9.7 < 0.021

Naphthalene < 9.7 < 0.021

Nitrobenzene < 9.7 < 0.021

N-Nitrosodimethylamine < 25 < 0.053

N-Nitrosdi-n propylamine < 9.7 < 0.021

N-Nitrosodiphenylamine < 9.7 < 0.021

Phenanthrene < 9.7 < 0.021
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Maximum Daily Value

Parameter μg/L lbs/day

Pyrene < 9.7 < 0.021

1,2,4-Trichlorobenzene < 9.7 < 0.021

Aldrin < 0.0098 < 0.01

α-BHC < 0.0098 < 0.01

β-BHC < 0.015 < 0.01

γ-BHC < 0.0098 < 0.01

δ-BHC < 0.0098 < 0.01

Chlordane < 0.20 < 0.01

4,4-DDT < 0.0098 < 0.01

4,4-DDE < 0.0098 < 0.01

4,4-DDD < 0.0098 < 0.01

Dieldrin < 0.0098 < 0.01

α-Endo-sulfan < 0.0098 < 0.01

β-Endo-sulfan < 0.0098 < 0.01

Endosulfan sulfate < 0.0098 < 0.01

Endrin < 0.0098 < 0.01

Endrin aldehyde < 0.0098 < 0.01

Heptachlor < 0.0098 < 0.01

Heptachlor epoxide < 0.0098 < 0.01

PCB-1242 < 9.8 < 0.002

PCB-1254 < 9.8 < 0.002

PCB-1221 < 9.8 < 0.002

PCB-1232 < 9.8 < 0.002

PCB-1248 < 9.8 < 0.002

PCB-1260 < 9.8 < 0.002

PCB-1016 < 9.8 < 0.002

Toxaphene < 9.8 < 0.002
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Table 26 - Outfall 003 Storm Water Characterization

Parameter Unit Sampling Results Benchmark value (a)

Turbidity NTU - 25

pH(b) Standard unit 7.03 6 to 9

Zinc μg/L - 117

BOD5 mg/L < 3.0 30

Chemical oxygen demand(b) mg/L 12 -

Toluene μg/L <10 -

Benzene μg/L <10 -

Oil and grease mg/L < 5.0 15

Nitrate/Nitrite as N mg/L - 0.68

Phosphorus, total mg/L 0.01 2

Total suspended solids mg/L 2.7 -

Total organic nitrogen mg/L 1.4 -

(a) Benchmark values are established in the Industrial Storm Water General Permit issued 

(b) The values are average of permit application sampling and monitoring data collected from 1999 to 2002

Table 27 – Mixing Zone Dilution Modeling

1993 Beaks 

Consultant Modeling

Ecology Modeling

1993 Discharge Current Discharge

Input Conditions

 Flow, MGD (a) 22.44 22.44 15.9

 Effluent temp,°C (a) 34 34 35.6

 Port depth, ft 35 35 35

 Port elevation, ft 3.3 3.3 3.3

Dilution Factors

 Acute mixing zone 8.3 (b)14 16

 Chronic mixing zone 21.1 32 36

(a) Models use 90th percentile effluent flow and temperature.

(b) The model estimates a dilution factor of about 20.4 at the acute mixing zone (32.5 feet). Beaks Consultant 

uses the initial dilution, which is 8.3 as a more conservative estimate. 
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Table 28 – Reduced Monitoring for Exemplary Performance

Date

Phenol

(lb/day)

Bis(2-ethylhexyl) phthalate

(lb/day)

January 2007 < 0.001 0.003

February 2007 < 0.001 0.002

March 2007 < 0.001 0.002

April 2007 < 0.014 < 0.001

April 2007 – Ecology inspection results 0.0002 0.0004

May 2007 < 0.032 < 0.001

June 2007 < 0.025 0.142(a)

July 2007 < 0.021 0.002

August 2007 < 0.020 0.001

September 2007 < 0.022 0.001

October 2007 < 0.032 < 0.001

November 2007 < 0.022 < 0.001

December 2007 < 0.033 < 0.001

January 2008 < 0.049 < 0.002

February 2008 < 0.042 < 0.001

March 2008 < 0.030 < 0.001

April 2008 < 0.028 < 0.001

May 2008 < 0.029 0.002

June 2008 < 0.034 < 0.001

July 2008 < 0.023 0.001

July 2008 – Ecology inspection results 0.0015 0.0009

August 2008 < 0.026 < 0.001

September 2008 < 0.018 < 0.001

October 2008 < 0.023 < 0.001

November 2008 < 0.034 < 0.001

December 2008 < 0.029 < 0.001

Longterm average (LTA) 0.02454 0.001

Average monthly limit (AML) 0.072 0.260

Ratio, LTA/AML (b) 34% 0.5%

(a) The elevated value is due to sample contamination in the lab. Ecology did not include this value in the

determination of the longterm average. For samples that are non-detect, we assume the detection limit. 

(b) Ecology uses this ratio to determine reduction of monitoring frequency. Phenol monitoring is reduced from 

monthly to quarterly. Bis(2-ethylhexyl) phthalate monitoring is reduced from monthly to semi-annually. 
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Figure 3 – Bis(2-ethylhexyl) Phthalate Data: Average Discharge vs. Permit Limit

Figure 4 – Phenol Data: Average Discharge vs. Permit Limit
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APPENDIX D - RESPONSE TO COMMENTS

Ecology published the public notice for issuance of Emerald Kalama’s proposed NPDES permit 

on May 20, 2009 with a closing date of June 19, 2009. 

Ecology received one comment dated June 1, 2009 from the Department of Natural Resources 

(DNR). Ecology completed its review of the comment and provided the response below. 

Ecology will send a copy of this document in its entirety to commenter of the draft documents. 

There are no revisions to the proposed permit based on the comment received.

Comment #1 from Denise Wilhelm, Land Manager, Cowlitz County Department of 

Natural Resources 

Emerald Kalama have improvements (outfall 001) in the Columbia that encumber State-owned 

Aquatic Lands. DNR records do not indicate that Emerald has a current use authorization for the 

improvements. DNR will require Emerald to apply for a use authorization for all improvements.

Response to Comment #1

Comment noted. The facility has certificates issued in 1962 and 1974 authorizing the use of 

non-contact cooling water from the Columbia. The certificates were issued by the State 

Supervisor of Water Resource and the Department of Ecology, respectively. The certificates 

require the return of the water to the river, which the facility complied through outfall 001. 

Ecology noted that additional requirements may be applicable and has notified Emerald Kalama 

of DNR’s requirement. The requirement will be addressed separately from this permit.