Issuance Date: April 19th. 2006 

Effective Date: May 1st, 2006 

Expiration Date: May 1st, 2011 

Modification Date: May 25, 2006 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 

WASTE DISCHARGE PERMIT No. WA-000076-1 

State of Washington 

DEPARTMENT OF ECOLOGY 

Olympia, Washington 98504-8711 

In compliance with the provisions of 

The State of Washington Water Pollution Control Law 

Chapter 90.48 Revised Code of Washington 

and 

The Federal Water Pollution Control Act 

(The Clean Water Act) 

Title 33 United States Code, Section 1251 et seq. 

Tesoro Refining and Marketing Company 

· Facility Location: 

West March Point Road 

Anacortes, Washington 

Water Body ID No.: 

WA-03-0020 

Industry Type: 

Petroleum Refinery 

POBox 700 

Anacortes, Washington 98221 

Receiving Water: 

Fidalgo Bay 

Discharge Location: 

001: Lat 48°30' 30" N, Lon 122°34' 00" W 

002: Lat 48°29' 30" N, Lon 122°34' 30" W 

003: Lat 48°30' 00" N, Lon 122°33' 41" W 

004: Lat 48°29' 25" N, Lon 122°34' 30" W 

Page 3 of43 

PermitNo. WA-000076-1 

G5. PLAN REVIEW REQUIRED----------------·--------------------------------------------------------------- 34 

G6. COMPLIANCE WITH OTHER LAWS AND STATUTES------------------------------------------- 34 

G 7. DUTY TO REAPPLY·······------·--··················------------------------------------------------------- 34 

G8. TRANSFER OF THIS PERMIT --------------------------------------------------------------------------- 34 

G9. REDUCED PRODUCTION FOR COMPLIANCE----------------------------------------------------- 35 

G 10. REMOVED SUBSTANCES -------------------------------------------------------------------------------·· 35 

G11. DUTY TO PROVIDE INFORMATION------------------------------------------------------------------ 35 

G12. OTHER REQUIREMENTS OF 40 CFR ----------------------------------------------------------------- 35 

G 13. ADD ITI 0 NAL M 0 NITO RING ---------------------------------------------------------------------------- 35 

G 14. PAYMENT 0 F FEES----------------------------------------------------------------------------------------- 35 

G15. PENALTIES FOR VIOLATING PERMIT CONDITIONS------------------------------------------- 35 

G 16. UPSET ----------------------------------------------------------------------·------------------------------------ 36 

G 17. PROPERTY RIGHTS ---------------------------------------------------------------------------------------- 36 

G 18. DUTY TO COMPLY ----------------------------------------------------------------------------------------- 36 

G 19. TOXIC POLLUTANTS -------------------------------------------------------------------------------------- 36 

G20. PENALTIES FOR TAMPERING-------------------------------------------------------------------------- 37 

G21. REPORTING ANTICIPATED N 0 N-CO MPLIAN CE ------------------------------------------------ 3 7 

G 22. REPORTING OTHER INFORMATION----------------------------------------------------------------- 3 7 

G23. REPORTING REQUIREMENTS APPLICABLE TO EXISTING MANUFACTURING, 

COMMERCIAL, MINING, AND SILVICULTURAL DISCHARGERS-------------------------- 37 

G24. COMPLIANCE SCHEDULES ----------------------------------------------------------------------------- 38 
Page 4 of43 

PermitNo. WA-000076-1 

SUMMARY OF PERMIT REPORT SUBMITTALS 

Refer to the Special and General Conditions of this permit for additional submittal requirements. 

>·· . P~rm!t • .. •.•·• .. ·.·...• :At:L!. :. ;:. ·~)~~ •• \················································· ·····················~c~~~~:~~~·~························ ••··············································2~~~a :v~ ~ 'bi • ··i·:·!·~~ · .. ~·~···································•••••····· ·• .•. S~ctj9n < ·. ~pti~~~~ tTFH > < 

.... ·.····· ······· ········••·••·· (·•<•)•·•••> ) \.• ······························ ······· Sl.D. Storm water I Emergency As necessary Verbal notification prior to 

Overflow Discharge Notification or within 24 hours of the 

and Monitoring (Outfall 002, discharge event I send 

Outfall 003, Outfall 004) written report with the 

subsequent DMR 

S3.A. Discharge Monitoring Report Monthly 15th day following each 

(DMR) month 

S3.D. Additional Monitoring by the as necessary with the discharge 

Permittee monitoring report 

S3.E. Noncompliance Notification- as necessary Within 24 hrs of discovery 

Verbal Report 

S3.E. Noncompliance Notification- as necessary Within 5 days for bypasses 

Written Report or upsets, otherwise with 

subsequent DMR 

S3.F. Other Noncompliance Reporting. as necessary With subsequent DMR 

S3.G. Reporting - Shellfish Protection - As necessary Immediate verbal 

unauthorized sanitary discharges notification to Ecology arid 

the Health department 

S4.A. Treatment System Operating Plan 1/permit cycle November 2, 2010 

SS.A. Engineering Report - analysis Once November 2, 2010 

update 

SS.B. Flow Measurement engineering 1lpermit cycle January 318\2007 

report 

S7 Acute Toxicity Report 1/permit cycle November 2, 2010 

S8 Chronic Toxicity Report 1/permit cycle November 2, 2010 

S9. Outfall Evaluation Report 1/permit cycle November 2, 2010 

S10.A. Pollution Prevention Plan Update Once May 1

8

\ 2007 

S10.C. Pollution Prevention Plan- Storm 21year (wet and dry Reported with Pollution 

water Inspections season) Prevention Plan progress 

report beginning May 1st, 

2009 

S10.D. Pollution Prevention Plan Every 2 years Beginning May 1st, 2009 

Biennial Progress Report 
Sll 

Sll 

Sll 

S12 

S14 

S15 

G17. 

Standard Construction 

Stormwater Pollution Prevention 

Plan (SWPP) for projects from 

1-5 acres 

1/permit cycle 

Construction Stormwater projects As necessary 

from 1 - 5 acres project details 

Construction Stormwater.projects As necessary 

greater than 5 acres project details 

Priority Pollutant Testing Data annually 

Report Submittal 

Mercury Prevention Plan Once 

Dioxin/AKART Report Once 

Application for permit renewal 1/permit cycle 

Page 5 of43 

PermitNo. WA-000076-1 

September 1st, 2006 

At least 90 days prior to start 

of construction 

At least 90 days prior to start 

of construction 

November 1st, 2006 and 

every 12 months thereafter. 

May 1st, 2007 

May 1st, 2009 

November 2, 2010 
.~- Page6of43 

PermitNo. WA-000076-1 

SPECIAL CONDITIONS 

S1. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

A. Process Wastewater Limitations and Monitoring Requirements (Outfall 001) 

All discharges and activities authorized by this permit shall be consistent with the terms 

apd conditions of this permit. 

The discharge of any of the following pollutants more frequently than, or at a level in 

excess of, that identified and authorized by this permit shall constitute a violation of the 

terms and conditions of this permit. 

Beginning on the effective date of this permit and lasting through the expiration date, the 

Permittee is authorized to discharge treated effluent at the permitted location subject to 

complying with the following limitations: 

Chemical Oxygen lbs/day 4900 9500 7/7 24 hr comp. 

Demand 

Total Suspended lbs/day 560 890 5/7 . 24hr comp. 

Solids 

Oil and Grease lbs/day 210 380 5/7 c,d Grab 

Oil and Grease mg/1 The concentration of oil and grease iri the 5/7 c,d Grab 

discharge shall at no time exceed 15 mg/1, 

and shall not exceed 10 mg/1 more than 

three days per month. 

Phenolic lbs/day 4.6 9.5 1/7 c 24 hrcomp. 

Compounds 

Mercury ·ug/1 1.8 3.6 1/30 c Grab 

AmmoniaasN lbs/day 450 1010 1/7 c 24 hrcomp. 

Sulfide lbs/day 3.8 8.4 1/30 c Grab 

Hexavalent mg/1 0.050 Semi-annual 24hrcomp. 

Chromium 
Page 7 of43 

PermitNo. WA-000076-1 

·.···· . ..... ······· ..... < •· ... >< 

Limits .... . ·:: I> Monitoring . . Sample Type 

Parameter Units ·. •• •• Frequency 

. ·. -

Av~rage JIJlonthly a I Maximum Daily b Samples/ days .. • .......... 

Fecal Coliforms Organisms/ 200/1 00 mls average monthly limit, 1/7 c Grab 

lOOmis 400/100 mls maximum daily 

Temperature oc There is no limitation for this parameter. Daily grab or continuous 

Information collected shall be reported in recording 

the monthly DMR. 

Effluent Flow MGD There is no limitation for this parameter. Continuous recording 

The average monthly and maximum daily 

flow shall be reported in the monthly 

DMR. 

Feedstock Rate bbls per day There is no limitation for this parameter. Daily 

barrels (bbls) The average monthly shall be reported in 

thP. month lv nMR 

pH pH shall be maintained within the range of 6.0 to 9.0. Continuous recording 

Excursions between 5.0 and 6.0, or 9.0 and 10.0 shall not 

be considered violations provided no single excursion 

exceeds 60 minutes in length and total excursions do not 

exceed 7 hours and 30 minutes per month. Any 

excursions below 5.0 and above 10.0 are violations. The 

instantaneous maximum and minimum pH shall be 

reported monthly. In the event of a failure of continuous 

monitoring equipment hourly grab samples shall meet the 

frequency requirements. 

Total Residual 0.1 mg/1 average monthly; 0.26 mg/1 maximum daily Grab 

'Chlorine Total residual chlorine monitoring is required to be 

monitored on a daily basis during those times when the 

effluent is being actively chlorinated. Monitoring will 

also be required for two additional days following 

cessation of chlorination. 

Acute Toxicity Monitoring: See Permit Condition S7 

1 Chronic Toxicity Monitoring: See Permit Condition S8 

Priority Pollutant Testing: See Permit Condition S12. 

Dioxin Study And AKART Engineering Report: See Permit Condition S 15. 

a The average monthly effluent limitation is defined as the highest allowable average of daily discharges 

over a calendar month, calculated as the sum of all daily discharges measured during a calendar month 

divided by the number of daily discharges measured during that month. Additional allocation may be 

permitted for storm water runoff and ballast water according to Permit Condition S1.C. 

b The maximum daily effluent limitation is defined as the highest allowable daily discharge. The daily 

discharge means the discharge of a pollutant measured during a calendar day. For pollutants with 

limitations expressed in units of mass, the daily discharge is calculated as the total mass of the 

pollutant discharged over the day. For other units of measurement, the daily discharge is the average 
Page 8 of43 

PermitNo. WA-000076-1 

measurement of the pollutant over the day. Additional allocation may be permitted for storm water 

runoff and ballast water according to Permit Condition S l.C. 

c The monitoring frequencies for these parameters have been reduced based on the excellent 

performance of the facility. If performance levels deteriorate during the term of the permit, the 

monitoring frequencies shall increase to standard modes ( O&G 7/7,Ammonia 7/7, Phenols 7/7, 

Sulfides 2/7, Fecal Coliforms 2/7, TSS 7/7). Ecology will notify the facility by letter to increase 

monitoring upon Ecology's determination of deteriorating performance. 

d One sample per week shall be collected on either Saturday or Sunday. 

B. Mixing Zone Descriptions 

The maximum boundaries of the mixing zones are defined as follows: 

Chronic Mixing Zone 

WAC 173-201A-100(4)(b)(i) specifies mixing zones shall not extend in any horizontal 

direction from the discharge ports for a distance greater than 200 feet plus the depth of 

water over the discharge ports as measured during mean lower low water (MLLW). 

Given a MLLW water depth of25 feet (7.6 meters) for the Permittee's outfall, the 

horizontal distance therefore is 225 feet (68.6 meters). The mixing zone is a circle with 

radius of225 feet (68.6 meters) measured from the center of each discharge port. The 

mixing zone extends from the seabed to the top of the water surface. Chronic aquatic life 

criteria and human health criteria must be met at the edge of the chronic zone. 

Acute Mixing Zone 

WAC 173-20 1A-1 00(8)(b) specifies that in estuarine waters a zone where acute criteria 

may be exceeded shall not extend beyond 10% of the distance established for the 

maximum or chronic zone as measured independently from the discharge ports. The acute 

mixing zone is a circle with radius of22.5 feet (6.9 meters) measured from the center of 

each discharge port. The mixing zone extends from the seabed to the top of the water 

surface. Acute aquatic life criteria must be met at the edge of the acute zone. 

· · ·· · ···• ··• ··••·•·•·· ·• ·•··••••••• •••·· < Criteril:l > < ·.•. •·•· ·• · ·••· • · ·.·.·• < • Avail~biE(bih.lti()fl ) 

Acute Aquatic Life Criteria 20 

Chronic Aquatic Life Criteria 91 

Human Health Criteria - Carcinogen 93 

Human Health Criteria- Non-carcinogen 91 

C. Ballast and Storm water Allocations (Outfall 001) 

The permittee is authorized to discharge additional amounts of the following parameters 

based on storm water and ballast water flow through Outfall No. 001. Ballast water shall 

be determined by gauging the ballast water storage tanks. The average dry weather 

flow is hereby established as 2.7 MGD. During the summer months of June 

through October the permittee shall only be allowed to claim the storm water 

allocation for the maximum daily value when it can be demonstrated that 

measurable rainfall has occurred at the refinery site during the previous 10 

calendar days. The storm water flow rate shall be determined as the difference between 
... 

Page 9 of43 

Permit No. WA-000076-1 

total measured effluent through Outfall No. 001 and the sum of ballast water plus the 

average dry weather flow rate. The maximum daily storm water allocation shall only be 

granted on those storm water flow days when the base limits from S 1. above are 

exceeded . 

• 

. Ballast WaterAUocation.: .. • ·•• St9rm V'/atet Allobitioll: bLtf<lll Outfall #001 · ·. · · .· · · · · #oof > · .· · .. ·· · · · · · 

Average 

Monthly 

Maximum 

Daily 

Average 

Monthly 

Maximum 

Daily 

Biochemical Oxygen Demand 

(5-day) 

210 400 220 400 

Chemical Oxygen Demand 2000 3900 1500 3000 

Total Suspended Solids 170 260 180 280 

Oil and Grease 67 126 67 130 

Phenolic Compounds 1.4 2.9 

Storm water flow is equal to the amount of flow in excess of the established dry weather flow. 

For the months of June through October, qualifying storm water flow days are only those days 

when measurable rainfall occurred at the refinery site during the previous 10 calendar days. 

Average Monthly Stormwater Allocation (AMSWA) is defined as the sum of storm water flows from 

qualifying storm water flow days sampled divided by the number of qualifying days times the average 

monthly allocation for that parameter. 

The Total Average Monthly Limitation (T) is the sum of the base average monthly limit (B) (listed in 

SlA) plus the Average Monthly Stormwater Allocation. T = B + AMSWA (An example calculation is 

shown in Appendix B.) 

D. Stormwater, Emergency Overflow Monitoring (OUtfall 002, Outfall 003, Outfall 004) 

Beginning on the effective date of this permit, the Permittee is authorized to discharge 

storm water and/or treated wastewater from Outfall 002, Outfall 003 or Outfall 004 

during extreme rainfall events that exceed the capacity of the retention ponds. The storm 

water and/or treated waste water must be monitored for the parameters at the frequencies 

listed below. Unless an emergency situation occurs the Permittee is required to notify 

Ecology prior to the discharge event. In an emergency situation the Permittee is required 

to notify Ecology within 24 hours of the onset of the discharge. Outside of normal 

working hours, voice mail notification of the Industrial Section's responsible 

engineer, shall meet the requirement 

The discharge shall not violate Chapter 173-201A WAC Water Quality Standards for 

Surface Waters of the State of Washington. The sum total of all discharges shall not 

violate limits specified in condition S 1 of this permit. 

· d~ttall Oo3 ) M6ni~orh19 < ~1~~~~ .l"YP~ ~~ ~ .•·.•·.•• Frequency .•.·.·· 
Page 10 of43 

Permit No. WA~000076-1 

Grab 

pH X X Once/event Composite 

Total Suspended Solids X X Once/event Composite 

Chemical Oxygen Demand X X Once/event Composite 

Oil & Grease X X Once/event Grab 

Lead X Once/event Composite 

Lead X Once/event Composite 

Zinc X Once/event Grab 

Volatile Organicsc X Once/event Composite 

Phenols X Once/event Composite 

Flow measurement X X Once/event Engineering 

Estimate 

a The storm water and/or waste water samples shall be collected from the outfall or an on-line stormdrain 

access point nearest the outfall terminus. 

b Composite samples shall be collected with a composite sampler or as a combination of a minimum of 

one sample aliquot per hour of discharge for the entire discharge or at minimum for the first three hours 

of discharge. 

c Volatile organics shall include benzene, naphthalene, 1 ,2,4-trimethlybenzene, isopropyl benzene, pisopropylbenzene, ethylbenzene, propylbenzene, 1,3,5-trimethylbenzene, toluene, and total xylenes. 

dBNA's shall include phenanthrene, fluorene, naphthalene, 2-methylnaphthalene, 2-methylphenol, benzyl 

alcohol, 2,4-dimethylphenol, and 4-methylphenol. 

82. MONITORING 

The Permittee shall monitor in accordance with the following conditions. 

A. Sampling and Analytical Procedures 

Samples and measurements taken to meet the requirements of this permit shall be 

representative of the volume and nature of the monitored parameters, including 

representative sampling of any unusual discharge or discharge condition, including 

bypasses, upsets, and maintenance-related conditions affecting effluent quality. 

Sampling and analytical methods used to meet the monitoririg requirements specified in 

this permit shall conform to the latest revision of the Guidelines Establishing Test 

·Procedures for the Analysis of Pollutants contained in 40 CFR Part 136 or to the latest 

revision of Standard Methods for the Examination ofWater and Wastewater (APHA), 

unless otherwise specified in this permit or approved in writing by the Department of 

Ecology (Department). 
Page 11 of 43 

PermitNo. WA-000076-1 

The daily composite sample shall be sufficient to allow for the Permittee's analysis, and 

an additional 2 gallons (minimum) shall be retained for 24 hours. The composite sample 

shall be kept refrigerated at 4° Centigrade in the dark during collection and storage. 

B. Flow Measurement 

Appropriate flow measurement devices and methods consistent with accepted scientific 

practices shall be selected and used to ensure the accuracy and reliability of 

measurements of the quantity of monitored flows. The devices shall be installed, 

calibrated, and maintained to ensure that the accuracy of the measurements are consistent 

with the accepted industry standard for that type of device. Frequency of calibration shall 

be in conformance with manufacturer's recommendations and at a minimum frequency of 

at least one calibration per year. Calibration records shall be maintained for at least three 

years. 

C. Laboratory Accreditation 

All monitoring data required by the Department shall be prepared by a laboratory 

registered or accredited under the provisions of, Accreditation of Environmental 

Laboratories, Chapter 173-50 WAC. Flow, temperature, settleable solids, ·conductivity, 

pH, turbidity, and internal process control parameters are exempt from this requirement. 

Conductivity and pH shall be accredited if the laboratory must otherwise be registered or 

accredited. The Department exempts crops, soils, and hazardous waste data from this 

requirement pending accreditation of laboratories for analysis of these media. 

S3. REPORTING.AND RECORDKEEPING REQUIREMENTS 

The Permittee shall monitor and report in accordance with the following conditions. The 

falsification of information submitted to the Department shall constitute a violation of the 

terms and conditions of this permit. 

A. Reporting 

The first monitoring period begins on the effective date of the permit. Monitoring results 

shall be submitted monthly. Monitoring data obtained during each monitoring period 

shall be summarized, reported, and submitted on a Discharge Monitoring Report (DMR) 

form provided, or otherwise approved, by the Department. DMR forms shall be 

postmarked or received no later than the 15th day of the month following the 

completed monitoring period, unless otherwise specified in this permit. In addition, a 

summary sheet, listing daily results for the parameters tabulated in Special 

Condition Sl, including MDLs, and QLs (when applicable), shall be submitted to 

the Department. Priority pollutant analysis data shall be submitted no later than sixty 

(60) days following the monitoring period. Unless otherwise specified, all toxicity test 

data shall be submitted within sixty (60) days after the sample date. The report(s) shall be 

sent to the Department of Ecology, Industrial Section, P. 0. Box 47706, Olympia, 

Washington 98504-7706. 
Page 12 of 43 

PermitNo. WA-000076-1 

All laboratory reports providing data for organic and metal parameters shall include the 

following information: sampling date, sample location, date of analysis, parameter name, 

CAS number, analytical method/ number, method detection limit (IviDL), laboratory 

practical quantitation limit (PQL ), reporting units, and concentration detected. 

Discharge Monitoring Reports must be submitted monthly whether or not the facility was 

discharging. If there was no discharge during a given monitoring period, submit the 

report as required with the words "no discharge" entered in place of the monitoring 

results. 

B. Records Retention 

The Permittee shall retain records of all monitoring information for a minimum of three 

(3) years. Such information shall include all calibration and maintenance records and all 

original recordings for continuous monitoring instrumentation, copies of all reports 

required by this permit, and records of all data used to complete the application for this 

permit. This period of retention shall be extended during the course of any unresolved 

litigation regarding the discharge of pollutants by the Permittee or when requested by the 

Director. 

C. Recording of Results 

For each measurement or sample taken, the Pemiittee shall record the following 

information: ( 1) the date, exact place, method, and time of sampling or measurement; 

(2) the individual who performed the sampling or measurement; (3) the dates the analyses 

were performed; ( 4) the individual who performed the analyses; (5) the analytical 

techniques or methods used; and (6) the results of all analyses. 

D. Additional Monitoring by the Permittee 

If the Permittee monitors any pollutant more frequently than required by this permit using 

test procedures specified by Condition S2. of this permit, then the results of this 

monitoring shall be included in the calculation and reporting of the data submitted in the 

Permittee's DMR. 

E. Twenty-four Hour Notice of Noncompliance Reporting 

1. The permittee must take the following action upon violation of any permit 

condition: 

Immediately take action to stop, contain, and cleanup unauthorized discharges or 

otherwise stop the noncompliance and correct the problem and, if applicable, 

immediately repeat sampling and analysis. The results of any repeat sampling 

shall be submitted to Ecology within 30 days of sampling. 

2. The permittee must report the following occurrences of noncompliance by 

telephone, to Ecology's Ind:ustrial Section, within 24 hours from the time the 

Permittee becomes aware of any of the following circumstances. Outside of 

normal working hours, voice mail or email notification of the Industrial Section 

responsible engineer, and 24 hours spill reporting hot line if necessary, shall 

meet this requirement: 
Page 13 of 43 

PermitNo. WA-000076-1 

a. any noncompliance that may endanger health or the environment; 

b. any unanticipated bypass that exceeds any effluent limitation in the permit 

(See S.4 B. "bypass procedures"); 

c. any upset that exceeds any effluent limitation in the permit (See G.l6, 

"Upset"); 

d. any violation of a maximum daily or instantaneous maximum discharge 

limitation for any of the pollutants in Sl.A.; or 

e. any overflow prior to the treatment works, whether or not such overflow 

endangers health or the environment or exceeds any effluent limitation in the 

permit. 

3. The Permittee must also provide a written submission within five days of the 

time that the Permittee becomes aware of any event required to be reported under 

subpart 2, above. The written submission must contain: 

a; a description of the noncompliance and its cause; 

b. the period of noncompliance, including exact dates and times; 

c. the estimated time noncompliance is expected to continue if it has not been 

corrected; 

d. steps taken or planned to reduce, eliminate, and prevent recurrence of the 

noncompliance; and 

e. if the non compliance involves an overflow prior to the treatment works, an 

estimate of the quantity (in gallons) of untreated overflow. 

4. Ecology may waive the written report on a case-by-case basis if the oral report has 

been received within 24 hours of the noncompliance. If Ecology waives the 5-day 

written report, a written report of the incident shall be submitted with the monthly 

Discharge Monitoring Report. 

F. Other Noncompliance Reporting.:. 

The permittee must report all instances of noncompliance, not required to be reported 

immediately or within 24 hours, at the time that monitoring reports for S3 .A 

("Reporting") are submitted. The reports must contain the information listed in paragraph 

E above, ("Twenty-four Hour Notice of Noncompliance Reporting"). Compliance with 

these requirements does not relieve the Permittee from responsibility to maintain 

continuous compliance with the terms and conditions of this permit or from the resulting 

liability for failure to comply. 

G. Reporting - Shellfish Protection 

Unauthorized discharges such as collection system overflows, plant bypasses, or failure 

of the disinfection system, shall be reported immediately to the Department of Ecology 

and the Department of Health, Shellfish Program. The Department of Ecology's 

Northwest Regional Office 24-hr number is 206-649-7000, and the Department of 

Health's Shellfish 24-hr. number is 360-786-4183. 
Page 14 of 43 

PermitNo. WA-000076-1 

84. OPERATIONS AND MAINTENANCE 

The Permittee shall, at all times, properly operate and maintain all facilities or systems of 

treatment and control (and related appurtenances) which are installed to achieve 

compliance with the terms and conditions of this permit. Proper operation and 

maintenance also includes adequate laboratory controls and appropriate quality assurance 

procedures. This provision requires the operation of back-up or auxiliary facilities or 

similar systems, which are installed by a Permittee only when the operation is necessary 

to achieve compliance with the conditions of this permit. 

A. Operations and Maintenance Manual 

The approved Operations and Maintenance Manual shall be kept available at the 

permitted facility and all operators shall follow the instructions and procedures of this 

manual. 

In addition to the requirements of WAC 173-240-150(1) and (2), the O&M Manual shall 

include: Emergency procedures for plant shutdown and cleanup in event of wastewater 

system upset or failure. The O&M Manual shall be reviewed by the permittee at least 

annually and made available to the agency upon request. 

For the purposes ofthis NPDES permit, a Treatment System Operating Plan (TSOP) is a 

concise summary of specifically defined elements. of the O&M Manual. The TSOP shall 

not conflict with the O&M Manual and shall include the following information: 

I. A baseline operating condition, which describes the operating parameters and 

procedures, used to meet the effluent limitations of S 1 at the production levels 

used in developing these limitations. 

2 .. In the event of production rates, which are below the baseline levels used to 

establish these limitations, the plan shall describe the operating procedures 

and conditions needed to maintain design treatment efficiency. The 

monitoring and reporting shall be described in the plan. 

3. In the event of an upset, due to plant maintenance activities, severe storm 

water events, start ups or shut downs, or other causes, the plan shall describe 

the operating procedures and conditions employed to mitigate the upset. The 

monitoring and reporting shall be described in the plan. 

4. A description of any regularly scheduled maintenance or repair activities at the 

facility which would affect the volume or character of the wastes discharged to 

the wastewater treatment system and a plan for monitoring and 

treating/controlling the discharge of maintenance-related materials (such as 

cleaners, degreasers, solvents, etc.). 

An updated Treatment System Operating Plan shall be submitted to the Department by 

November 2, 2010. This plan shall be updated and submitted, as necessary, to include 

requirements for any major modifications of the treatment system. 
Page 15 of 43 

Permit No. WA-000076-1 

B. Bypass Procedures 

Bypass, which is the intentional diversion of waste streams from any portion of a 

treatment facility, is prohibited, and the Department may take enforcement action against 

a Permittee for bypass unless one ofthe following circumstances (1, 2, or 3) is applicable. 

1. Bypass for Essential Maintenance without the Potential to Cause Violation of Permit 

Limits or Conditions. 

Bypass is authorized if it is for essential maintenance and does not have the potential 

to cause violations of limitations or other conditions of this permit, or adversely 

impact public health as determined by the Department prior to the bypass. The 

Permittee shall submit prior notice, if possible, at least ten (1 0) days before the date of 

the bypass. 

2. Bypass Which is Unavoidable, Unanticipated, and Results in Noncompliance of this 

Permit. 

This bypass is permitted only if: 

a. Bypass is unavoidable to prevent loss of life, personal injury, or severe property 

damage. "Severe property damage" means substantial physical damage to 

property, damage to the treatment facilities which would cause them to become 

inoperable, or substantial and permanent loss of natural resources which can 

reasonably be expected to occur in the absence of a bypass. 

b. There are no feasible alternatives to the bypass, such as the use of auxiliary 

treatment facilities, retention of untreated wastes, stopping production, 

maintenance during normal periods of equipment downtime (but not if adequate 

backup equipment should have been installed in the exercise of reasonable 

engineering judgment to prevent a bypass which occurred during normal periods 

of equipment downtime or preventative maintenance), or transport of untreated 

wastes to another treatment facility. 

c. The Department is properly notified ofthe bypass as required in condition S3E of 

this permit. 

3. Bypass which is Anticipated and has the Potential to Result in Noncompliance of this 

Permit. 

The Permittee shall notify the Department at least thirty (30) days before the planned 

date ofbypass. The notice shall contain (1) a description of the bypass and its cause; 

(2) an analysis of all known alternatives which would eliminate, reduce, or mitigate 

the need for bypassing; (3) a cost-effectiveness analysis of alternatives including 

comparative resource damage assessment; (4) the minimum and maximum duration of 

bypass under each alternative; (5) a recommendation as to the preferred alternative for 

conducting the bypass; (6) the projected date of bypass initiation; (7) a statement of 
Page 16 of 43 

PermitNo. WA-000076-1 

compliance with SEP A; (8) a request for modification of water quality standards as 

provided for in WAC 173-201A-110, if an exceedance of any water quality standard is 

anticipated; and (9) steps taken or planned to reduce, eliminate, and prevent 

reoccurrence of the bypass. 

For probable construction bypasses, the need to bypass is to be identified as early in 

the planning process as possible. The analysis required above shall be considered 

during preparation of the engineering report or facilities plan and plans and 

specifications and shall be included to the extent practical. In cases where the 

probable need to bypass is determined early, continued analysis is necessary up to and 

including the construction period in an effort to minimize or eliminate the bypass. 

The Department will consider the following prior to issuing an administrative order 

for this type bypass: 

a. If the bypass is necessary to perform construction or maintenance-related 

activities essential to meet the requirements of this permit. 

b. If there are feasible alternatives to bypass, such as the use of auxiliary treatment 

facilities, retention of untreated wastes, stopping production, maintenance during 

normal periods of equipment down time, or transport of untreated wastes to 

another treatment facility. 

c. !f the bypass is planned and scheduled to minimize adverse effects on the public 

and the environment. 

After consideration of the above and the adverse effects of the proposed bypass and 

any other relevant factors, the Department will approve or deny the request. The 

public shall be notified and given an opportunity to comment on bypass incidents of 

significant duration, to the extent feasible: Approval of a request to bypass will be by 

administrative order issued by the Department under RCW 90.48.120. 

C. Duty to Mitigate 

The Permittee ·is required to take all reasonable steps to minimize or prevent any 

discharge or sludge use or disposal in violation of this permit that has a reasonable 

likelihood of adversely affecting human health or the environment. 

S5. FACILITY LOADING 

Design Criteria 

Flows or waste loadings of the following design criteria for the permitted treatment 

facility shall not be exceeded: 

Average monthly flow for the maximum month1 4.3 MGD 
Page 17 of43 

PermitNo. WA-000076-1 

Average monthly COD for the maximum month2 1700 mg/1 

1 

as measured across the process wastewater treatment system (if constructed, see SS B. below) 

2 as measured at the primary clarifier 

A. Report 

By November 2, 2010, the Permittee shall submit an analysis to the Department that 

compares current conditions within the refinery to the predicted design capacity of the 

wastewater treatment system, as determined in the approved Tesoro engineering report 

dated April28, 2000. The analysis shall also predict the next permit term's production 

increases, any new loadings to the wastewater treatment plant and the resultant impacts to 

the wastewater treatment system capacity. The report shall include a discussion of any 

production increases, changes to crude sources, modifications to process units, changes in 

additives, additional sources of wastewater, etc., that could potentially cause a change in 

wastewater characteristics. 

If predicted waste loads exceed approved design capacities the Permittee shall update the 

engineering report for the wastewater treatment system by planning for new or upgraded 

treatment facilities to treat expected increases in waste loads. This update shall be 

submitted at least one hundred eighty (180) days prior to the planned start of construction 

unless a shorter time is approved by Ecology. The update shall be prepared in accordance 

with Chapter 173-240 WAC and include at minimum the following elements: . 

1 Design and performance flow and loading capacity of the overall system shall be 

determined. Specifically, TSS, BOD, and COD loading capacity shall be 

determined. Flow data shall be presented in terms of average dry weather flow, 

average monthly flow of the maximum month, and peak hourly flow. If flowmonitoring data is not available for wastewater streams then an estimate shall be 

provided with the method used for estimation. 

2 Basic design data and sizing calculations for each unit in the wastewater treatment 

system. Clarifier information should include detention: times, overflow rates, 

solids and weir loading rates, volume and depth. Activated sludge basin 

information shall include hydraulic detention time, volumetric loading, MLSS, 

F:M ratio, return ratio, and sludge residence time. Information for settling ponds 

shall include solids loading rates, volume and retention time. This information 

shall be provided for design criteria parameters-- BOD, TSS, and oil and grease, 

where applicable. 

B. Flow Measurement 

The permittee shall submit an engineering report with cost estimates by July 1, 2007 for 

Ecology review and approval. The engineering report shall include an evaluation of flow 

measurement options through both the process wastewater treatment system and the 

stormwater system and provide a construction schedule for the chosen feasible and 

approved alternative. Flow monitoring shall be located within the process wastewater 

treatment system such that the measured flow is not impacted by recycle streams. 
Page 18 of 43 

PermitNo. WA-000076-1 

86. NON-ROUTINE AND UNANTICIPATED DISCHARGES 

A. Begilming on the effective date of this permit, the Permittee may discharge nonroutine wastewater on a case-by-case basis if approved by the Department. Prior to any 

such discharge, the Permittee shall contact the Department and at a minimum provide 

the following information: 

1. The nature of the activity that is generating the discharge. 

2. Any alternatives to the discharge, such as reuse, storage, or recycling of the water. 

3. The total volume of water expected to be discharged. 

4. The results of the chemical analysis of the water. The water shall be analyzed for 

all constituents limited for the Permittee's discharge. The analysis shall also 

inciude hardness, any metals that are limited by water qualitY standards, and any 

other parameter deemed necessary by the Department. All discharges shall 

comply with the effluent limitations as established in Condition S 1. of this permit, 

water quality standards, sediment management standards, and any other 

limitations imposed by the Department. 

5. The date of proposed discharge and the rate at which the water will be discharged, 

in gallons per minute. The discharge rate shall be limited to that which will not 

cause erosion of ditches or structural damage to culverts and their entrances or 

exits. 

B. The discharge cannot proceed until the Department has reviewed the information 

provided and has authorized the discharge. Authorization from the Department will be by 

letter to the Permittee or by an Administrative Order. 

87. ACUTE TOXICITY 

A. Monitoring When There Is No Permit Limit for Acute Toxicity 

The Permittee shall test final effluent once in the last summer and once in the last 

winter prior to submission of the application for permit renewal. All species listed 

below shall be used on each sample and the results submitted to the Department by 

November 2, 2010. The acute toxicity testing shall determine an LC50. The percent 

survival in 100% effluent shall also be reported. 

Acute toxicity tests shall be conducted with the following species and protocols: 

a) Fathead minnow, Pimephales promelas ( 96 hour static-renewal test, method: 

EP N600/4-90/027F 

b) Daphnid, Ceriodaphnia dubia, Daphnia pulex, or Daphnia magna ( 48 hour static test, 

method: EP A/600/4-90/027F. The Permittee shall choose one ofthe three species 

and use it consistently throughout effluent recharacterization. 
Page 19 of 43 

PermitNo. WA-000076-1 

B. Sampling and Reporting Requirements 

1. All reports for effluent characterization or compliance monitoring shall be 

submitted in accordance with the most recent version of Department of Ecology 

Publication# WQ-R-95-80, Laboratory Guidance and Whole Effluent Toxicity 

Test Review Criteria in regards to format and content. Reports shall contain 

bench sheets and reference toxicant results for test methods. If the lab provides 

the toxicity test data on floppy disk for electronic entry into the Department's 

database, then the Permittee shall send the disk to the Department along with the 

test report, bench sheets, and reference toxicant results. 

2. Testing shall be conducted on effluent grab samples. Samples taken for toxicity 

testing shall be cooled to 4 degrees Celsius immediately after being collected and 

shall be sent to the lab as soon as practicable upon completion. The lab shall 

begin the toxicity testing as soon as possible but no later than 36 hours after sam;. 

pling was ended. 

3. All samples and test solutions for toxicity testing shall have water quality 

measurements as specified in Department of Ecology Publication# WQ-R-95-80, 

Laboratory Guidance and Whole Effluent Toxicity Test Review Criteria or most 

recent version thereof. 

4. All toxicity tests shall meet quality assurance criteria and test conditions in the 

most recent versions of the EPA manual listed in subsection A. and the 

Department of Ecology Publication# WQ-R-95-80, Laboratory Guidance and 

Whole Effluent Toxicity Test Review Criteria. If test results are determined to be 

invalid or anomalous by the Department, testing shall be repeated with freshly 

collected effluent. 

5. Control water and dilution water shall be laboratory water meeting the 

requirements ofthe EPA manual listed in subsection A. Dilution water for 

toxicity testing shall be laboratory water of sufficient quality for good control 

performance. 

6. The whole effluent toxicity test series shall be run on an unmodified sample of 

final effluent. 

7. The Permittee may choose to conduct a full dilution series test during compliance 

monitoring in order to determine dose response. In this case, the series must have 

a minimum of five effluent concentrations and a control. The series of 

concentrations must include a 5% dilution (the ACEC). 

S8. CHRONIC TOXICITY 

A. Monitoring When There Is No Permit Limit for Chronic Toxicity 

During the third or fourth year of the Permit term the Permittee shall conduct chronic 

toxicity testipg on the fmal effluent. The two chronic toxicity tests listed below shall be 

conducted on each sample taken for effluent characterization. The results of this 

chronic toxicity testing shall be submitted to the Department by November 2, 2010. 
Page 20 of43 

Permit No. WA-000076-1 

During the third or fourth year, effluent testing for chronic toxicity shall be 

conducted quarterly. The Permittee shall conduct chronic toxicity testing on a series of 

at least five concentrations of effluent in order to determine appropriate point estimates. 

This series of dilutions shall include a 5% concentration (the ACEC). The Permittee 

shall compare the ACEC to the control using hypothesis testing at the 0.05 level of 

significance as described in Appendix H, EP A/600/4-89/00 1. 

Chronic toxicity tests shall be conducted with two of the following species as identified 

below and the most recent version of the following protocols: 

Saltwater Chronic Toxicity Test Species 

Top Smelt 

Silverside minnow 

Pacific oyster 

Mussel 

Atherinops affinis 

Menidia beryl/ina 

Crassostrea gigas 

Mytilus sp. 

Method 

EPA/600/R-95/136 (or) 

EP A/600/4-91/003 

EPA/600/R-95/136 (or) 

EP A/600/R-95/136 

The Permittee shall use the West Coast fish (topsmelt, Atherinops ajjinis) for 

toxicity testing unless the lab cannot obtain a sufficient quantity of a West Coast 

species in good condition in which case the East Coast fish (silverside minnow, 

Menidia beryl/ina) may be substituted. 

The Pacific oyster and mussel tests shall be run in accordance with EP A/600/R95/136 and the bivalve development test conditions in the Department ofEcology 

Publication# WQ-R-95-80, Laboratory Guidance a,nd Whole Effluent Toxicity 

Test Review Criteria or most recent version thereof. 

B. Sampling and Reporting Requirements 

1. All reports for effluent characterization or compliance monitoring shall be 

submitted in accordance with the most recent version of Department of Ecology · 

Publication# WQ-R-95-80, Laboratory Guidance and Whole Effluent Toxicity 

Test Review Criteria in regards to format and content. Reports shall contain 

bench sheets and reference toxicant results for test methods. If the lab provides 

the toxicity test data on floppy disk for electronic entry into the Department's 

database; then the Permittee shall send the disk to the Department along with the 

test report, bench sheets, and reference toxicant results. 

2. Testing shall be conducted on effluent grab samples. Samples taken for toxicity 

te.sting shall be cooled to 4 degrees Celsius immediately after being collected and 

shall be sent to the lab as soon as practicable upon completion. The lab shall 

begin the toxicity testing as soon as possible but no later than 36 hours after sampling was ended. 
Page 21 of 43 

PermitNo. WA-000076-1 

3. All samples and test solutions for toxicity testing shall have water quality 

measurements as specified in Department of Ecology Publication# WQ-R-95-80, 

Laboratory Guidance and Whole Effluent Toxicity Test Review Criteria or most 

recent version thereof. 

4. All toxicity tests shall meet quality assurance criteria and test conditions in the 

most recent versions of the EPA manual listed in subsection A. and the 

Department of Ecology Publication# WQ-R-95-80, Laboratory Guidance and 

Whole Effluent Toxicity Test Review Criteria. If test results are determined to be 

invalid or anomalous by the Department, testing shall be repeated with freshly 

collected effluent. 

5. Control water and dilution water shall be laboratory water meeting the 

requirements of the EPA manual listed in subsection A. Dilution water for 

toxicity testing shall be laboratory water of sufficient quality for good control 

performance. 

6. The whole effluent toxicity test series shall be run on an unmodified sample of 

final effluent. 

7. The Permittee may choose to conduct a full dilution series test during compliance 

monitoring in order to determine dose response. In this case, the series must have 

a minimum of five effluent concentrations and a control. The series of 

concentrations must include the ACEC. 

8. All whole effluent toxicity tests that involve hypothesis testing and do not comply 

with the chronic statistical.po~er standard of 39% as defined in WAC 173-205-

020 must be repeated on a fresh sample with an increased number of replicates to 

increase the power. 

S9. OUTFALL EVALUATION 

The Permittee shall inspect once per permit cycle the submerged portion of the outfall 

line and diffuser to document its integrity and continued function. If conditions allow for 

a photographic verification, it shall be included in the report. The permittee shall submit 

the inspection-report to the Department by November 2, 2010. 

S10. POLLUTION PREVENTION PLANNING AND ACTIVITIES 

Pollution prevention planning/activities at the facility include: 

• the new pollution prevention plan (P2) projects identified for the upcoming permit cycle 

in the plan update, and 

• the Standard Operating Procedures (SOPs), Best Management Practices (BMPs) and 

work practices developed through pollution prevention activities from previous permit 
Page 22 of43 

Permit No. WA-000076-1 

pollution prevention plans, stormwater pollution prevention plans (SWPPP), solid 

waste control plans, and spill plans. 

The Permittee shall continue to ensure proper operation and maintenance of the refinery 

process units and wastewater treatment system by following existing SOPs, BMPs and 

work practices. These procedures and other measures/facilities currently employed at the 

refinery to prevent or minimize the potential for release of pollutants to the wastewater 

treatment system, storm water, and/or waters of the state shall be continued or maintained 

unless modified by the pollution prevention plan updates required below. 

Solid Waste 

The Permittee shall handle and dispose of all solid waste material in such a manner as to 

prevent its entry into state ground or surface water. The Permittee shall not allow leachate 

from its solid waste material to enter state waters without providing all known, available, 

and reasonable methods of treatment, nor allow such leachate to cause violations of the 

State Surface Water Quality Standards, Chapter 173-201A WAC, or the State Ground 

Water Quality Standards, Chapter 173-200 WAC. The Permittee shall apply for a permit 

or permit modification as may be required for such discharges to state ground or surface 

waters. 

Storage Tank Wastewater 

The operation of removing wastewater from oil, product, and intermediate distillate 

storage tanks shall be performed in a manner and with facilities as required to prevent the 

wastewater from draining or spilling onto the ground. 

A. Pollution Prevention Plan Development and Implementation 

The Permittee shall prepare an update to their Pollution Prevention Plan and submit it to 

the Department for review and approval by May 1st, 2007. The Permittee shall 

implement the approved pollution prevention plan update and any approved 

modifications to the plan and abide by the timeframes identified throughout the term of 

the permit. 

The objective of this update is to identify any new sources of pollutants, to reevaluate 

previously identified pollution prevention opportunities and to identify any new 

opportunities and implement those that are technically and economically achievable. 

Previously identified opportunities include those identified by the facility in their .current 

Pollution Prevention Plan and those identified in Ecology Publication 02-07-017 (Water 

Pollution Prevention Opportunities in Petroleum Refineries). The update shall also 

include an evaluation of the existing SOPs, BMPs and work practices developed under 

previous pollution prevention activities. 

B. Specific Plan Update Requirements 

The Permittee shall update the following plan elements as necessary: the policy statement 

and signature, employee involvement, training and awareness, descriptions of current 

pollution prevention activities, and the description of potential pollutants and sources. 

Appendix A includes references to guidance documents, specific items to be included in 
Page 23 of43 

PermitNo. WA-000076-1 

the plan, and procedures for identifying, evaluating and prioritizing pollution prevention 

opportunities. Other information available to the Permittee may also be used in preparing 

the plan. 

The updated plan shall include a schedule for implementation of each newly selected 

opportunity. If a detailed analysis of technical and economical feasibility for any 

pollution prevention opportunity will extend beyond the deadline for submitting the 

updated plan, the Permittee shall include a schedule for completing the analysis in the 

plan submittal. The timeframe for implementing any opportunities scheduled for further 

evaluation and then selected shall be provided in the biennial report. 

C. Storm water Inspections 

The Permittee shall conduct two storm water inspections per year; one during the wet 

season (October 1 through April30) and the other during the dry season (May 1 through 

September 30). 

The wet season inspection shall be conducted during a rainfall event and shall include 

observations of the presence of any floating materials, suspended solids, oil and grease, 

discolorations, turbidity, odor, etc. in storm water runoff throughout the refinery that 

could contribute to a discharge off-site. 

The dry season inspection shall determine the presence of unpermitted non-storm water 

discharges such as sanitary wastewater, non-contact cooling water, process wastewater, 

and drainage from raw material/product/waste storage to the storm water drainage system. 

If an unpermitted, non-storm water discharge is discovered, the Permittee shall 

immediately notify the Department. 

Inspections shall be conducted by staff that is knowledgeable and trained in the 

application ofBMPs and pollution prevention activities at the refinery. 

D. Plan Evaluation and Biennial Reporting 

The Permittee shall periodically evaluate and modify, as necessary, the pollution 

prevention plan and associated existing SOPs, BMPs and work practices to ensure that 

they have been updated or otherwise modified to reflect current conditions, that measures 

to reduce or eliminate pollutant loadings selected in the plan are adequate and are being 

properly implemented in accordance with the terms of the permit, and whether any 

additional controls are needed. The Permittee shall modify the pollution prevention plan 

whenever there is a change in design, construction, operation, or maintenance of the 

facility which significantly increases the generation or potential generation of water 

pollutants or causes the pollution prevention plan and associated existing SOPs, BMPs 

and work practices to be less effective in controlling pollutants. The Permittee shall 

provide for implementation of any modifications to the pollution prevention plan in a 

timely manner. 

The Permittee shall submit a biennial progress report every two years thereafter 

(starting May 1st, 2009) of submitting the Pollution Prevention Plan Update as required 
Page 24 of43 

PermitNo. WA-000076-1 

by S 10 .A. The report shall identify the implementation status of each pollution prevention 

opportunity selected, the benefits or other results of implementation actions completed, 

and any modifications or updates to the plan. The report shall also include a summary of 

the results of storm water inspections. 

E. Continuous Improvement 

In maintaining, implementing, and updating the pollution prevention plan, the Permittee 

is encouraged to employ continuous improvement principles, including the systematic 

and ongoing identification, evaluation, and implementation of pollution prevention 

opportunities in all decisions having environmental consequences. 

S11. CONSTRUCTION STORMWATER POLLUTION PREVENTION 

A standard Stormwater Pollution Prevention Plan (SWPPP) for construction activities 

greater than one acre and less than five (1-5) acres, including construction dewatering, 

shall be prepared and submitted to the Department by September 18

\2006. Project 

details for each construction project and any site specific issues for that project that 

require additional BMPs shall be submitted to the Department at least 90 days prior to 

the start of construction or another time period as a'greed to by Ecology. 

A Stormwater Pollution Prevention Plan (SWPP) for construction activity occurring on 

sites greater than 5 acres, including construction dewatering, shall be prepared and 

implemented prior to the start of each construction project. Project details for each 

construction project shall be submitted to the Department at least 90 days prior to the 

start of construction or another time period as agreed to by Ecology. 

Each plan shall be prepared in accordance with the objectives and requirements identified 

in Special ·condition S.9. included in the National Pollutant Discharge Elimination 

System and State Waste Discharge General Permit for storm water discharges associated 

with construction activities issued by Ecology on November 16th, 2005, or as revised. 

The permittee is responsible for achieving compliance with state of Washington surface 

water quality standards (Chapter 173-201A WAC), sediment management standards 

(Chapter 173-204 WAC), ground water quality standards (Chapter 173-200 WAC), and 

human health based criteria in the National Toxics Rule (Federal Register, Vol. 57, No. 

246, Dec. 22, 1992, pages 60848-60923). Where construction sites are not in compliance 

with these standards, the permittee shall take immediate action(s) to achieve compliance 

by implementing additional BMPs and/or improved maintenance of existing BMPs. 

S12. PRIORITY POLLUTANT TESTING 

The Permittee shall annually sample the final effluent and analyze the sample for the priority 

pollutants and other pollutants listed in the table below. The detection limit and the method shall 

conform to those listed. The data shall be in tabular form with the detection limit, the value 

including units, and the method listed. Each annual data report shall be sent to Ecology by 

November 1st of each year beginning in 2006. 
Page 25 of43 

PermitNo. WA-000076-1 

This table is a list of all priority pollutants. It includes PCBs and pesticides that are not required 

to be tested for unless they are used on site. 

CAS Number Detection or 

Pollutant (if available) Analytical Quantitation 

Protocol Level 

as EPA Part 

136 

methods or 

Standard 

Methods 

Metals, Cyanide & Total Phenols DL J.tg/1 

(Part C) 

Antimony, Total 7440-36-0 204.2 3 

Arsenic, Total 7440-38-2 206.2 1 

Beryllium, Total 7440-43-9 210.2 1 

Cadmium, Total 7440-43-9 213.2 0.1 

Chromium, Total 7440-47-3 218.2 1 

Copper, Total 7440-50-8 220.2 1 

Lead, Total 7439-92-1 239.2 1 

Mercury, Total 7439-97-6 1631 0.2 ng/1 

Nickel, Total 7440-02-0 249.2 1 

Selenium, Total 7782-49-2 270.2 2 

Silver, Total 7440-22-4 272.2 0.2 

Thallium, Total 7440-28-0 279.2 1 

Zinc, Total 7440-66-6 289.2 0.05 

Cyanide, Total 57-12-5 335.2 or 20 

335.3 

Cyanide, WAD 57-12-5 335.1 10 

Phenols, total 420.1 or 

420.2 

Dioxin QL J.tg/1 

2,3, 7,8-Tetra-Chlorodibenzo-P-Dioxin 1764- 01-6 1613 0.00001 

Volatile Compounds QL J.tg/1 

Acrolein 107-02-8 624 50 

Acrylonitrile 107-13-1 624 50 

Benzene 71-43-2 624 10 

Bis (chloromethyl) Ether 542-88-1 624 10 

Bromoform 75-25-2 624 10 
Page 26 of43 

PermitNo. WA-000076-1 

CAS Number Detection or 

Pollutant (if available) Analytical Quantitation 

Protocol Level 

as EPA Part 

136 

methods or 

Standard 

Methods 

Carbon Tetrachloride 56-23-5 624 10 

Chlorobenzene 108-90-7 624 50 

Chlorodibromomethane 124-48-1 624 10 

Chloroethane 75-00-3 624 10 

2-Chloroethylvinyl Ether 110-75-8 624 50 

Chloroform 67-66-3 624 10 

Dichlorobromomethane 75-27-4 624 10 

Dichlorodifluromethane 75-71-8 624 10 

1, 1-Dichloroethane 75-34-3 624 10 

1 ,2-Dichloroethane 107-06-2 624 10 

1, 1-Dichloroethylene 75-35-4 624 10 

1 ,2-Dichloropropane 78-87-5 624 10 

1,3-Dichloropropylene 542-75-6 624 10 

Ethylbenzene 100-41-4 624 10 

Methyl Bromide 74-83-9 624 50 

Methyl Chloride 74-87-3 624 50 

Methylene Chloride 75-09-2 624 20 

1, 1 ,2,2-Tetrachloroethane 79-34-5 624 10 

Tetrachloroethylene 127-18-4 624 10 

Toluene 108-88-3 624 10 

1,2-Trans-Dichloroethylene 156..:60-5 624 10 

1,1, 1-Trichloroethane 71-55-6 624 10 

1,1 ,2-Trichloroethane 79-00-5 624 10 

Trichloroethylene 79-01-6 624 10 

Trichlorofluromethane 75-69-4 624 10 

Vinyl Chloride 75-01-4 624 10 

Acid Compounds QL J.lg/1 

2-Chlorophenol 95-57-8 625 10 

2,4-Dichlorophenol 120-83-2 625 10 

2,4-Dimethylphenol 105-67-9 625 10 

4, 6-Dinitro-0-Cresol 534-52-1 625 50 

(2-methyl-4,6- dinitrophenol) 

2,4 Dinitrophenol 51-28-5 625 50 

2-Nitrophenol 88-75-5 625 20 

4-Nitrophenol 100-02-7 625 50 

P-Chloro-M-Cresol 59-50-7 625 10 

Pentachlorophenol 87-86-5 625 50 

Phenol 108-95-2 625 10 

2,4,6-Trichlorophenol 88-06-2 625 10 
Page 27 of43 

PermitNo. WA-000076-1 

CAS Number Detection or 

Pollutant (if available) Analytical Quan titation 

Protocol Level 

as EPA Part 

136 

methods or 

Standard 

Methods 

Base/Neutral Compounds QL J..Lg/1 

Acenaphthene 83-32-9 625 10 

Acenaphtylene 208-96-8 625 10 

Anthracene 120-12-7 625 10 

Benzidine 92-87-5 625 50 

Benzo (a) Anthracene 56-55-3 625 10 

Benzo (a) Pyrene 50-32-8 625 10 

3,4-Benzofluoranthene 205-99-2 625 10 

Benzo (ghi) Perylene 191-24-2 625 20 

Benzo (k) Fluoranthene 207-08-9 625 10 

Bis (2-Chloroethoxy) Methane 111-91-1 625 10 

Bis (2-Chloroethyl) Ether 111-44-4 625 10 

Bis (2-Chloroisopropyl) Ether 108-60-1 625 10 

Bis (2-Ethylhexyl) Phthalate 117-81-7 625 10 

4-Bromophenyl Phenyl Ether 101-55-3 625 10 

Butyl Benzyl Phthalate 85-68-7 625 10 

Base/Neutral Compounds QL J..Lg/1 

2-Chloronaphthalene 91-58-7 625 10 

4-Chlorophenyl Phenyl Ether 7005-72-3 625 10 

Chrysene 218-01-9 625 10 

Dibenzo (a,h) Anthracene 53-70-3 625 20 

1,2-Dichlorobenzene 95-50-1 625 10 

1,3-Dichlorobenzene 541-73-1 625 10 

1,4-Dichlorobenzene 106-46-7 625 10 

3,3 '-Dichlorobenzidine 91-94-1 625 50 

Diethyl Phthalate 84-66-2 625 10 

Dimethyl Phthalate 131-11-3 625 10 

Di-N-Butyl Phthalate 84-74-2 625 10 

2,4-Dinitrotoluene 121-14-2 625 10 

2,6-Dinitrotoluene 606-20-2 625 10 

Di-n-octyl Phthalate 117-84-0 625 10 

1,2-Diphenylhydrazine (as Azobenzene) 122-66- 7 625 20 

Fluoranthene 206-44-0 625 10 

Fluorene 86-73-7 625 10 

Hexachlorobenzene 118-74-1 625 10 

Hexachlorobutadiene 87-68-3 625 10 

Hexachlorocyclopentadiene 77-47-4 625 10 

Hexachloroethane 67-72-1 625 20 
Page 28 of43 

PermitNo. WA-000076-1 

CAS Number Detection or 

Pollutant (if available) Analytical Quantitation 

Protocol Level 

as EPA Part 

136 

methods or 

Standard 

Methods 

Indeno (1,2,3-cd) Pyrene 193-39-5 625 20 

Isophorone 78-59-1 625 10 

Naphthalene 91-20-3 625 10 

Nitrobenzene 98-95-3 625 10 

N-Nitrosodimethylamine 62-75-9 625 50 

N-Nitrosodi-N-Propylamine 621-64-7 625 20 

N-Nitrosodiphenylamine 86-30-6 625 20 

Phenan,threne 85-01-8 625 10 

Pyrene 129-00-0 625 10 

I ,2,4-Trichlorobenzene 120-82-1 625 10 

GC/MS Fraction - Pesticides and QL f.tgll 

PCBs 

Aldrin 309-00-2 608 0.05 

a-BHC 319-84-6 608 0.05 

13-BHC 319-85-7 608 0.05 

Y-BHC 58-89-9 608 0.05 

o-BHC 319-86-8 608 0.05 

Chlordane 57-74-9 608 0.2 

4,4'-DDT 50-29-3 608 0.1 

4,4'-DDE 72-55-9 . 608 0.1 

4,4' DDD · 72-54-8 608 0.1 

Dieldrin 60-57~1 608 0.1 

a-Endosulfan 959988 608 0.1 

13-Endosulfan 33213659 608 0.1 

Endosulfan Sulfate 1031-07-8 608 0.1 

Endrin 72-20-8 608 0.1 

Endrin Aldehyde 7421-83-4 608 0.1 

Heptachlor 76-44-8 608 0.05 

Heptachlor Epoxide 1024-57-3 608 0.05 

PCB-1242 53469-21-9 608 1.0 

PCB-1254 11097-69-1 608 1.0 
Page 29 of43 

PermitNo. WA-000076-1 

CAS Number Detection or 

Pollutant ( if available) Analytical Quantitation 

Protocol Level 

as EPA Part 

136 

methods or 

Standard 

Methods 

PCB-1221 11104-28-2 608 1.0 

PCB-1232 11141-16-5 608 1.0 

PCB-1248 12672-29-6 608 1.0 

PCB-1260 11096-82-5 608 1.0 

PCB-1016 12674-11-2 608 1.0 

Toxaphene 8001-35-2 608 5.0 

S13. DANGEROUS WASTES- PERMIT BY RULE REQUIREMENTS 

The permittee is authorized to treat dangerous wastes, generated on or off-site, at the 

wastewater treatment facility under the permit by rule provisions of Chapter WAC 173-

303-802(5). This authorization is limited to the onsite and off-site waste streams 

identified on the permit application and application amendments as approved by Ecology. 

The permittee shall maintain records of the off-site waste streams treated at the 

wastewater facility. The origin, volume, known waste constituents, anY analytical data, 

and date of addition, shall be recorded. This information shall be available to an 

authorized representative of the Department as per General Condition G2. A summary of 

the off-site dangerous wastes accepted and treated by the permittee shall be submitted 

with the application for permit renewal. 

S14. MERCURY POLLUTION PREVENTION PLAN 

By May 1st, 2007, the permittee shall submit a mercury pollution prevention plan to 

Ecology. The plan shall include testing mercury concentrations in three crude oils 

processed at the refinery each year. A corresponding test of the waste water discharge 

shall also occur at these times. Historic crude oil analysis or assays can be used to 

demonstrate mercury composition. Testing shall occur over three years. The permittee 

may request testing modifications from Ecology. This activity can be coordinated with 

the mercury testing specified in S 1.A. 
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PermitNo. WA-000076-1 

815. DIOXIN STUDY AND AKART ENGINEERING REPORT 

A. AKART Engineering Report 

The Permittee shall prepare an engineering report to study treatment and prevention 

alternatives for the catalytic reformer wastewater stream to prevent dioxin and furan 

congeners from being discharged into the final effluent and to ensure that all known, 

available, and reasonable methods of treatment and prevention (AKART) are being 

applied. 

Two copies of the report should be prepared in accordance with WAC 173-240 and 

submitted to the Department for review and approval by May 15

\2009. The report shall 

include a schedule for preparing plans and specifications and for 

.constructing/implementing the treatment or prevention alternative selected. 

B. Wastewater Sampling 

The Permittee shall sample the final effluent (001) and the upstream wastewater stream 

from the catalytic reformer units for chlorinated dioxin and furan (2,3,7,8-Cl substituted 

tetra- through octa- congeners) concentrations twice during the permit cycle. The 

wastewater stream from the catalytic reformer units shall be sampled during two different 

catalyst regeneration events. A grab sample shall be collected from each caustic wash 

during the regeneration of each reformer unit. 

Analysis including sample containers and QA/QC shall be conducted in accordance with 

Method 1613: Tetra- through Octa- Chlorinated Dioxins and Furans by Isotopic Dilution 

HRGCIHRMS, USEPA Office ofWater, Engineering and Analysis Division, Revision A. 

The MinimUin Level (ML) of detection for 2,3,7,8- TCDD/TCDF shall be 10 parts per 

quadrillion or less. The Permittee shall report the lowest detected concentrations of all 

2,3,7,8-Cl substituted dioxins and furans that meet the quality assurance specifications of 

Method 1613; including all detected concentrations below the calibration limits of 

Method 1613. 

C. Dioxin Study Report 

The Permittee shall submit to the Depmi:ment a Dioxin Study Report containing the 

results of the sampling and analysis by May 1st, 2009. 

The wastewater data report to Ecology shall include: date sampled, total flow for each 

wash, and the concentration of the 2,3, 7 ,8-Cl substituted tetra- through octa- dioxin and 

furan congeners from each caustic wash. The Permittee shall require the laboratory to 

report and maintain on file for each sample set: the analytical holding times, summary of 

internal precision and recovery, calibration data, analysis sequence (run logs), daily 

checks (ongoing precision and accuracy standards, blanks, instrument checks), QA/QC 

data (duplicates, matrix spikes/labeled analog spikes), and raw data (chromatograms). 
Page 31 of 43 

PermitNo. WA-000076-1 

GENERAL CONDITIONS 

Gl. SIGNATORY REQUIREMENTS 

All applications, reports, or information submitted to the Department shall be signed and 

certified. 

A. All permit applications shall be signed by either a responsible corporate officer of at least 

the level of vice president of a corporation, a general partner of a partnership, or the 

proprietor of a sole proprietorship. 

B. All reports required by this permit and other information requested by the Department 

shall be signed by a person described above or by a duly authorized representative of 

that person. A person is a duly authorized representative only if: 

1. The authorization is made in writing by a person described above and 

submitted to the Department. 

2. The authorization specifies either an individual or a position having 

responsibility for the overall operation of the regulated facility, such as the 

position of plant manager, superintendent, position of equivalent 

responsibility, or an individual or position having overall responsibility for 

environmental matters. (A duly authorized representative may thus be 

either a named individual or any individual occupying a named position.) 

C. Changes to authorization. If an authorization under paragraph B.2 above is no longer 

accurate because a different individual or position has responsibility for the overall 

operation of the facility, a new authorization satisfying the requirements of paragraph 

B.2 above must be submitted to the Department prior to or together with any reports, 

information, or applications to be signed by an authorized representative. 

D. Certification. Any person signing a document under this section shall make the 

following certification: 

I certify under penalty of law, that this document and all 

attachments were prepared under my direction or supervision in 

accordance with a system designed to assure that qualified 

personnel properly gathered and evaluated the information 

submitted. Based on my inquiry of the person or persons who 

manage the system, or those persons directly responsible for 

gathering information, the information submitted is, to the best of 

my knowledge and belief, true, accurate, and complete. I am aware 

that there are significant penalties for submitting false information, 

including the possibility of fine and imprisonment for knowing 

violations. 
Page 32 of43 

PermitNo. WA-000076-1 

G2. RIGHT OF INSPECTION AND ENTRY 

The Permittee shall allow an authorized representative of the Department, upon the 

presentation of credentials and such other documents as may be required by law: 

A. To enter upon the premises where a discharge is located or where any records must be 

kept under the terms and conditions of this permit. 

B. To have access to and copy- at reasonable times and at reasonable cost- any records 

required to be kept under the terms and conditions of this permit. 

C. To inspect- at reasonable times- any facilities, equipment (including monitoring and 

control equipment), practices, methods, or operations regulated or required under this 

permit. 

D. To sample or monitor- at reasonable times- any substances or parameters at any 

location for purposes of assuring permit compliance or as otherwise authorized by the 

Clean Water Act. 

G3. PERMIT ACTIONS 

This permit may be modified, revoked and reissued, or terminated either at the request of 

any interested person (including the permittee) or upon the Department's initiative. 

However, the permit may only be modified, revoked and reissued, or terminated for the 

reasons specified in 40 CPR 122.62, 122.64 or WAC 173-220-150 according to the 

procedures of 40 CPR 124.5. 

A. The following are causes for terminating this permit during its term, or for denying a 

permit renewal application: 

1. Violation of any permit term or condition. 

2. Obtaining a permit by misrepresentation or failure to disclose all relevant facts. 

3. A material change in quantity or type of waste disposal. 

4. A determination that the permitted activity endangers human health or the 

environment or contributes to water quality standards violations and can only be 

regulated to acceptable levels by permit modification or termination [ 40 CPR part 

122.64(3)]. 

5. A change in any condition that requires either a temporary or permanent reduction or· 

elimination of any discharge or sludge use or disposal practice controlled by the 

permit [ 40 CPR part 122.64( 4)]. 

6. Nonpayment of fees assessed pursuant to RCW 90.48.465. 

7. Failure or refusal of the permittee to allow entry as required in RCW 90.48.090. 
Page 33 of 43 

PermitNo. WA-000076-1 

B. The following are causes for modification but not revocation and reissuance except 

when the permittee requests or agrees: 

1. A material change in the condition of the waters of the state. 

2. New information not available at the time of permit issuance that would have 

justified the application of different permit conditions. 

3. Material and substantial alterations or additions to the permitted facility or activities 

which occurred after this permit issuance. 

4. Promulgation of new or amended standards or regulations having a direct bearing 

upon permit conditions, or requiring permit revision. 

5. The Permittee has requested a modification based on other rationale meeting the 

criteria of 40 CFR part 122.62. 

6. The Department has determined that good cause exists for modification of a 

compliance schedule, and the modification will not violate statutory deadlines. 

7. Incorporation of an approved local pretreatment program into a municipality's 

permit. 

C. The following are causes for modification or alternatively revocation and reissuance: 

1. Cause exists for termination for reasons listed in A 1 through A 7, of this section, and 

the Department determines that modification or revocation and reissuance is 

appropriate. 

2. The Department has received notification of a proposed transfer of the permit. A 

permit may also be modified to reflect a transfer after the effective date of an 

automatic transfer (General Condition G8) but will not be revoked and reissued after 

the effective date of the transfer except upon the request of the new permittee. 

G4. REPORTING PLANNED CHANGES 

The Permittee shall, as soon as possible, but no later than sixty (60) days prior to the 

proposed changes, give notice to the Department of planned physical alterations or 

additions to the permitted facility, production increases, or process modification which 

will result in: 1) the permitted facility being determined to be a new source pursuant to 

40 CFR 122.29(b); 2) a significant change in the nature or an increase in quantity of 

pollutants discharged; or 3) a significant change in the Permittee's sludge use or disposal 

practices. Following such notice, and the submittal of a new application or supplement to 

the existing application, along with required engineering plans and reports, this permit 

may be modified, or revoked and reissued pursuant to 40 CFR 122.62(a) to specify and 

limit any pollutants not previously limited. Until such modification is effectiye, any new 

or increased discharge in excess of permit limits or not specifically authorized by this 

permit constitutes a violation. 
Page 34 of43 

PermitNo. WA-000076-1 

G5. PLAN REVIEW REQUIRED 

Prior to constructing or modifying any wastewater control facilities, an engineering report 

and detailed plans and specifications shall be submitted to the Department for approval in 

accordance with Chapter 173-240 WAC. Engineering reports, plans, and specifications 

shall be submitted at least one hundred eighty (180) days prior to the planned start of 

construction unless a shorter time is approved by Ecology. Facilities shall be constructed 

and operated in accordance with the approved plans. 

G6. COMPLIANCE WITH OTHER LAWS AND STATUTES 

Nothing in this permit shall be construed as excusing the Permittee from compliance with 

any applicable federal, state, or local statutes, ordinances, or regulations. 

G7. DUTY TO REAPPLY 

The Permittee shall apply for permit renewal at least 180 days (November 2, 2010) prior 

to the specified expiration date of this permit. 

G8. TRANSFER OF THIS PERMIT 

In the event of any change in control or ownership of facilities from which the authorized 

discharge emanate, the Permittee shall notify the succeeding owner or controller of the 

existence of this permit by letter, a copy ofwhich shall be forwarded to the Department. 

A. Transfers by Modification 

Except as provided in paragraph B below, this permit may be transferred by the 

Permittee to a new owner or operator only if this permit has been modified or revoked 

and reissued under 40 CFR 122.62(b)(2), or a minor modification made under 40 CFR 

122.63(d), to identify the new Permittee and incorporate such other requirements as 

may be necessary under the Clean Water Act. 

B. Automatic Transfers 

This permit may be automatically transferred to a new Permittee if: 

1. The Permittee notifies the Department at least 30 days in advance of the proposed 

transfer date. 

2. The notice includes a written agreement between the existing and new Permittee's 

containing a specific date transfer of permit responsibility, coverage, and liability 

between them. 

3. The Department does not notify the existing Permittee and the proposed new 

Permittee of its intent to modify or revoke and reissue this permit. A modification 

under the subparagraph may also be minor modification under 40 CFR 122.63. If 

this notice is not received, the transfer is effective on the date specified in the 

written agreement. 
Page 35 of 43 

PermitNo. WA-000076-1 

G9. REDUCED PRODUCTION FOR COMPLIANCE 

The Permittee, in order to maintain compliance with its permit, shall control production 

and/or all discharges upon reduction, loss, failure, or bypass of the treatment facility until 

the facility is restored or an alternative method of treatment is provided. This 

requirement applies in the situation where, among other things, the primary source of 

power of the treatment facility is reduced, lost, or fails. 

GlO. REMOVED SUBSTANCES 

Collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in 

the course of treatment or control of wastewaters shall not be resuspended or reintroduced 

to the final effluent stream for discharge to state waters. 

Gll. DUTY TO PROVIDE INFORMATION 

The Permittee shall submit to the Department, within a reasonable time, all information 

which the Department may request to determine whether cause exists for modifying, 

revoking and reissuing, or terminating this permit or to determine compliance with this 

permit. The Permittee shall also submit to the Department upon request, copies of 

records required to be kept by this permit. 

G12. OTHER REQUIREMENTS OF 40 CFR 

All other requirements of 40 CFR 122.41 and 122.42 are incorporated in this permit by 

reference. 

Gl3. ADDITIONAL MONITORING 

The Department may establish specific monitoring requirements in addition to those 

contained in this permit by administrative order or permit modification. 

G14. PAYMENT OF FEES 

The Permittee shall submit payment of fees associated with this permit as assessed by the 

Department. 

GlS. PENALTIES FOR VIOLATING PERMIT CONDITIONS 

Any person who is found guilty of willfully violating the terms and conditions of this 

permit shall be deemed guilty of a crime, and upon conviction thereof shall be punished 

by a fine of up to ten thousand dollars ($10,000) and costs of prosecution, or by 

imprisonment in the discretion of the court. Each day upon which a willful violation 

occurs may be deemed a separate and additional violation. 

Any person who violates the terms and conditions of a waste discharge permit shall incur, 

in addition to any other penalty as provided by law, a civil penalty in the amount of up to 
Page 36 of43 

Permit No. WA-000076-1 

ten thousmid dollars ($10,000) for every such violation. Each and every such violation 

shall be a separate and distinct offense, and in case of a continuing violation, every day's 

continuance shall be deemed to be a separate and distinct violation. 

G16. UPSET 

Definition- "Upset" means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology-based permit effluent limitations because of 

factors beyond the reasonable control of the Permittee. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or 

improper operation. 

An upset constitutes an affirmative defense to an action brought for noncompliance with 

such technology-based permit effluent limitations if the re·quirements of the following 

paragraph are met. 

A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, 

through properly signed, contemporaneous operating logs or other relevant evidence that: 

1) an upset occurred and that the Permittee can identify the cause(s) of the upset; 2) the 

permitted facility was being properly operated at the time of the upset; 3) the Permittee 

submitted notice of the upset as required in condition S3.E; and 4) the Permittee complied 

with any remedial measures required under S4.C of this permit. 

In any enforcement proceeding the Permittee seeking to establish the occurrence of an 

-upset has the burden of proof. 

G17. PROPERTY RIGHTS 

This permit does not convey any property rights of any sort, or any exclusive privilege. 

G18. DUTY TO COMPLY 

The Permittee shall comply with all conditions of this permit. Any permit noncompliance 

constitutes a violation of the Clean Water Act and is grounds for enforcement action; for 

permit termination,. revocation and reissuance, or modification; or denial of a permit 

renewal application. 

G19. TOXIC POLLUTANTS 

The Permittee shall comply with effluent standards or prohibitions established under 

Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the 

regulations that establish those standards or prohibitions, even if this permit has not yet 

been modified to incorporate th.e requirement. 
Page 37 of43 

PermitNo. WA-000076-1 

G20. PENALTIES FOR TAMPERING 

The Clean Water Act provides that any person who falsifies, tampers with, or knowingly 

renders inaccurate any monitoring device or method required to be maintained under this 

permit shall, upon conviction, be punished by a fine of not more than $10,000 per 

violation, or by imprisonment for not more than two years per violation, or by both. If a 

conviction of a person is for a violation committed after a first conviction of such person 

under this Condition, punishment shall be a fine of not more than $20,000 per day of 

violation, or by imprisonment of not more than four (4) years, or by both. 

G21. REPORTING ANTICIPATED NON-COMPLIANCE 

The Permittee shall give advance notice to the Department by submission of a new 

application or supplement thereto at least one hundred and eighty (180) days prior to 

commencement of such discharges, of any facility expansions, production increases, or 

other planned changes, such as process modifications, in the permitted facility or activity 

which may result in noncompliance with permit limits or conditions. Any maintenance of 

facilities, which might necessitate unavoidable interruption of operation and degradation 

of effluent quality, shall be scheduled during non-critical water quality periods and 

carried out in a manner approved by the Department. 

G22. REPORTING OTHER INFORMATION 

Where the Permittee becomes aware that it failed to submit any relevant facts in a permit 

application, or submitted incorrect information in a permit application or in any report to 

the Department, it shall promptly submit such facts or information. 

G23. REPORTING REQUIREMENTS APPLICABLE TO EXISTING 

MANUFACTURING, COMMERCIAL, MINING, AND SILVICULTURAL 

DISCHARGERS 

The Permittee belonging to the categories of existing manufacturing, commercial, mining, 

or silviculture must notify the Department as soon as they know or have reason to 

believe: · 

A. That any activity has occurred or will occur which would result in the discharge, on a 

routine or frequent basis, of any toxic pollutant which is not limited in this permit, if 

that discharge will exceed the highest of the following "notification levels:" 

1. One hundred micrograms per liter (1 00 )lg/1). 

2. Two hundred micrograms per liter (200 )lg/1) for acrolein and acrylonitrile; five 

hundred micrograms per liter (500 )lg/1) for 2,4-dinitrophenol and for 2-methyl-4,6-

dinitrophenol; and one milligram per liter (1 mg/1) for antimony. 

3. Five (5) times the maximum concentration value reported for that pollutant in the 

permit application in accordance with 40 CFR 122.21(g)(7). 

4. The level established by the Director in accordance with 40 CFR 122.44(£). 
Page 38 of43 

Permit No. WA-000076-1 

B. That any activity has occurred or will occur which would result in any discharge, on a 

non-routine or infrequent basis, of a toxic pollutant which is not limited in this permit, if 

that discharge will exceed the highest of the following "notification levels:" 

1. Five hundred micrograms per liter (500j..tg/L). 

2. One milligram per liter (1 mg/L) for antimony. 

3. Ten (10) times the maximum concentration value reported for that pollutant in the 

permit application in accordance with 40 CFR 122.21(g)(7). 

4. The level established by the Director in accordance with 40 CFR 122.44(f). 

G24. COMPLIANCE SCHEDULES 

Reports of compliance or noncompliance with, or any progress reports on, interim and 

final requirements contained in any compliance schedule of this permit shall be submitted 

no later than fourteen (14) days following each schedule date. 
Page 39 of43 

PermitNo. WA-000076-1 

APPENDIX A 

REFINERY NPDES POLLUTION PREVENTION PLANS- SPECIFIC REQUIREMENTS 

GUIDANCE DOCUMENTS 

Guidance available to develop a pollution preventipn plan include the Storm water Management Manual 

for Western Washington published August 2001 by Ecology (Publication numbers 99-11 through 99-15), 

the 'Pollution Prevention and Best Management Practices' section of the Ecology Permit Writer's 

Manual (Chapter XII.) (Publication number 92-109), EPA's Organizational Guide to Pollution 

Prevention, 2001 available at http://W\Vw.p2ric.org/CachedPages/printguid.pdf, the methodologies of 

pollution prevention planning references available at http://www.ecy.wa.gov/programs/hwtr/p2/p3.html, 

and other information provided by the Ecology Permit Manager. The Permittee is expected to apply the 

methodologies from the existing guidance to cover other sources, pathways, or measures not covered 

within the strict scope of the WAC 173-307 guidance. 

PLAN & PLAN IMPLEMENTATION REQUIREMENTS 

Policy Statement and Signature: 

The pollution prevention plan shall include a policy statement articulating management and corporate 

support for the plan and a commitment to implement the plan and to continued pursuit of pollution 

prevention opportunities. The plan, plan updates, and modifications shall be signed in accordance with 

Permit Condition G 1. 

Employee Involvement, Training, and Awareness: 

The pollution prevention plan shall include a description of personnel training and employee involvement 

programs that emphasize pollution prevention and solicit employee ideas about pollution prevention 

opportunities and other environmental issues. Staff training records shall be maintained onsite and be 

available for inspection. 

Description of Current Pollution Prevention Activities: 

The plan shall include a description of preventive measures and facilities already employed at the 

refinery to prevent, reduce, eliminate, or control releases of pollutants to influent wastewater streams, 

storm water, and/or waters of the state. 

Incorporating Other Pollution Prevention Plans 

The Permittee may incorporate applicable portions of plans prepared for other purposes. Plans or 

portions of plans incorporated into the pollution prevention plan become enforceable requirements of this 

permit. 

Description of Potential Pollutants and Sources: 

The pollution prevention plan shall include a detailed description of the processes or activities that 

contribute or potentially contribute pollutants to the treatment plant influent, storm water, groundwater, 

and wetlands. Influent wastewater streams shall include those having daily average flow rates equal to or 

greater than 30 gpm at the point where the wastewater stream enters the collection system and the 

catalytic wash water spent caustic and wash water waste streams. Minor incidental waste streams to 
Page 40 of43 

Permit No. WA-000076-1 

storm water, such as landscaping fertilizers, do not have to be included. The plan shall identify ~he 

materials used, processed, stored, treated, or disposed of at the facility and the pollutants that are 

generated or potentially generated or released. The level of detail provided in the plan should be 

sufficient to help identify and understand how and why materials are used and pollutants generated or 

released. Process flow diagrams and/or material input/output information shall be included on a process 

unit basis. 

The Permittee shall include in the plan all materials which may become pollutants or cause pollution 

upon reaching state waters, including, but not limited to: 1) persistent bioaccumulative and toxic 

chemicals (PBTs), 2) oil and petroleum products and, 3) materials which, when spilled or otherwise 

released into the environment, would be designated Dangerous Waste (DW) or Extremely Hazardous 

Waste (EHW) by the procedures set forth in WAC 173-303-070. 

In determining which sources and pollutants to address in the plan, the Permittee shall use available 

sampling data, as well as knowledge of processes and materials, and available information on the relative 

toxicity or hazard of materials. Sources ofPBTs shall be included in the analysis. The Permittee shall 

not be required to sample each stream analytically and may use engineering judgment to assess and 

quantify material inputs and outputs on a process unit basis. 

Identification & Preliminary Evaluation of Pollution Prevention Opportunities: 

The plan shall identify pollution prevention opportunities and provide a detailed analysis of each 

opportunity's technical (including safety considerations) and economic feasibility. Opportunities 

determined to be technically and economically feasible will be considered as known, available, and 

reasonable and therefore are required to be selected and scheduled for implementation. For each 

pollution prevention opportunity selected, the plan shall identify the process( es) or activities it affects, an 

estimate of the amount of pollutants reduced, and the environmental or other benefits that will be 

achieved. 

The Permittee shall concentrate on opportunities that reduce or eliminate PBTs, priority pollutant metals, 

diethanolamine (DEA), and methyldiethanolamine (.MDEA) to influent and upstream flows to the oily 

water sewer. In addition, methods to enhance biodegradation ofMDEA should also be considered. 

Solids and hydrocarbon loadings to the oily water sewer shall also be evaluated. Storm water shall be 

evaluated for oil and grease and solids loading as well as toxics. 

In identifying and evaluating pollution prevention opportunities, the Permittee shall consider the 

following: 

• All reasonably expected activities and conditions, such as normal operations, maintenance, and 

other ancillary activities; equipment failure; improper operation; upsets, accidents, spills, leaks; 

and natural events such as rainfall, snowfall, etc. 

• All areas of the refinery with potential to generate water pollutants including process units, raw 

material and product storage, handling and transfer facilities, material handling areas, 

maintenance areas, solid and hazardous waste storage, treatment, and disposal, and storm water 

systems. 

The following are examples of pollution prevention strategies that may warrant evaluation: 

• Improving and/or establishing new management practices and standard operating procedures 

addressing: increased training or supervision; improvements in inventory control, materials and 

waste handling, general operations, and housekeeping; preventive maintenance; and remedial 

measures 
Page 41 of 43 

Permit No. WA-000076-1 

• Process or equipment modifications, including re-engineering processes to use less toxic input 

materials or to utilize by-products 

• Material substitution 

• Reducing material inputs 

• Recycle/reuse of refinery waste, by-products, or process materials and fluids 

• Application of water conservation methods, including water reuse 

• Waste segregation and separation 

• Alternative and/or enhanced treatment technology, including upstream treatment of pollutants 

Cross-media shift of pollutants should be avoided, unless a clear net environmental benefit results and 

compliance with standards applicable to other media or management programs would be maintained. 

Prioritization & Selection of Pollution Prevention Opportunities: 

The plan shall prioritize pollution prevention opportunities. The Permittee shall provide their rationale 

for how the pollution prevention opportunities are prioritized. In addition to technical and economical 

feasibility, other factors may influence ranking of opportunities and should be included in the discussion. 

These factors may include capital projects planned or ongoing at the refinery that will provide a benefit 

to environmental media other than water, corresponding reduction in safety risks, etc. Projects that 

achieve the highest environmental benefit shall have greater priority. 

In prioritizing and selecting pollution prevention opportunities, the Permittee shall give preference first to 

those that eliminate, avoid, or reduce the generation of water pollutants at the source, second to those that 

recycle or reuse the pollutants, and third to those that provide at-source or near-source treatment to 

remove pollutants or render them less toxic or harmful. In ranking opportunities, the Permittee shall also 

consider pollutant loading and toxicity and the potential to achieve the greatest reduction with respect to 

time and costs. 

The Permittee is expected to establish reasonable priorities and schedules for implementation to achieve 

the greatest reduction in pollutant quantity and toxicity, as well as for management and fiscal necessity. 
Page 42 of43 

PermitNo. WA-000076-1 

APPENDIXB 

CALCULATING STORMW ATER AND BALLAST WATER ALLOCATIONS 

S 1.A effluent limitations in the Tesoro NPDES permit are base permit limits that apply to 

process water flow - these values are fixed. 

S1.C. effluent limitations in the Tesoro NPDES permits are used to calculate incremental 

limits that apply to storm water and ballast water- the S 1.C. limitations are actually 

multipliers. The incremental limit calculated using one of the multipliers is added to the 

base permit limit for commingled discharges. 

Storm water flow is calculated by the subtraction of an estimated dry weather flow and ballast water flow 

from the total flow discharged each day. 

Ballast water flow is measured by gauging the ballast tank. 

The ballast and storm water allocations in the Tesoro NPDES permit are based on guidelines in 40 CFR 

419.12(c) and 419.22(e). The allocations for storm water are intended to apply to runoff from areas 

associated with industrial aCtivity, not outlying areas such as parking lots and surrounding acreage. 

Daily maximum storm water and ballast water allocations shall only be used on an individual parameter 

basis when :mass loading in the effluent exceeds daily maximum base permit limitations and when 

measurable rainfall has occurred within the timeframes established in the NPDES permit. The Tesoro 

NPDES permit states that during specified summer months, the permittee will only be allowed to claim 

the storm water allocation when it can be demonstrated that measurable rainfall has occurred at the 

refinery site during the previous 10 calendar days. 

In calculating storm water allocations, look at the days where total effluent flow exceeds the established 

dry weather flow. The difference is flow due to storm water. If the storm water allocation can be 

claimed per the conditions·of the previous paragraph, multiply the additional flow (in million gallons per 

day, MGD) by the appropriate allocation provided in the NPDES permit. This is an incremental permit 

limit in lbs per day. 

Evaluating compliance with the maximum daily permit limitation- on a day by day basis compare the 

maximum discharge for a parameter to the base permit limitation plus the storm water allocation and/or 

ballast water allocation calculated for that parameter. 

Example Calculation 1. 

Dry weather flow: 1 MGD 

Date: March 15, 1997 

Parameter: Oil and Grease (O&G) 

O&G maximum daily base permit limitation: 100 lbs/day 

Maximum daily 0& G discharge: 177 lbs/day 

Total effluent flow: 2.2 MGD 

Flow rate due to rainfall: 2.2 - 1 = 1.2 MGD 

O&G maximum daily storm water allocation: 130 lbs/million gallons 

O&G incremental limit due to storm water: 1.2 x 130 = 156lbs/day 
Page 43 of 43 

Permit No. WA-000076-1 

O&G maximum daily permit limitation for 3/15/97: 100 + 156 = 256lbs/day 

Note: Since 177 is less than 256, the permittee is in compliance with the oil and grease 

maximum daily permit limitation on the day evaluated. If ballast water had also 

been a factor on 3/15/97, an additional oil and grease allocation due to ballast 

water could have been calculated and added into the maximum daily permit 

limitation. 

Evaluating compliance with the monthly average permit limitation - determine the days where effluent 

flow exceeds dry weather flow and sampling occurred. Add up the excess flow for these days and divide 

the result by this number of days. Multiply by the monthly average storm water allocation. -- this is the 

incremental storm water allocation. Compare the monthly average discharge for a parameter (total mass 

loading for the month divided by the days in the month) to the base permit limitation plus the storm water 

allocation and/or ballast water allocation calculated for that parameter. 

Example Calculation 2. 

Dry weather flow: 1 MGD 

Month: November 1997 

Parameter: Total Suspended Solids (TSS) 

TSS average monthly base p~rmit limitation: 120 lbs/day 

Average monthly TSS discharge: 216lbs/day 

During the 5 sampling days the total storm water flow excess was: 2.5 million gallons 

TSS average monthly storm water allocation: 180 lbs/million gallons 

TSS incremental limit due to storm water: 2.5/ 5 x 180 = 90 lbs/day 

TSS average monthly permit limitation for November 1997: 120 + 90 = 210 lbs/day 

Note: Since 216 is greater than 210, the TSS average monthly permit limit is exceeded. 

If ballast water had also been a factor in Example Calculation 2.,the average monthly permit limit would 

not have been exceeded. 

Ballast water flow for November 1997 (1 day): 50,000 gallons or 0.05 million gallons 

TSS average monthly ballast water allocation: 170 lbs/million gallons 

TSS incremental limit due to ballast water: 0.05/ 1 x 170 = 8.5 lbs/day 

TSS average monthly permit limitation for November 1997: 120 + 90 + 8.5 = 218.5lbs/day