Final December 2010

S T

i\

Tr: OF WASH I NGTON 

### DEPARTMENT O F ECOLOGY 1'0 8ox 47600 o O l ympia , WA 9[]504-7600 o 360-407-6000 711 for Washing/on /?clay Service o l'crsons 111ilh a s peec h disability Cilll call {) 77 -f/

33-6347


### July 7, 2010

Mr. Don Sorensen, Refinery Manager Tesoro Refining and Marketing Company I0200 West March Pojnt Road P. 0. Box 700 

### Anacortes, W A 98221 Dear Mr. Sorensen: Regional Haze Best Available Retr·ofit Technolot,ry (llART) Detet ·mination 

### Best Available Retrofit Technology (BART) is r equired to r educe the regional h aze impacts of emissions ofyour facility. The enclosed Order #7838 

### contains our BART det ermination for your facility including a schedul e for compli an ce. If you have questions or requests relating to t!Jj s order, please contact Alan Newma n at (360) 407-6810 

### or ala n.newman@ecy.wa.gov. Sincerely, 

# 2/£ cjk
JeffJohnston, Ph.D. Ma nager, Science a nd Engineering Secti on A

jr Quality Program jj/te 

### Enclosure By certitied mail
cc: 

### Toby Allen, NWCAA Alan Newman, Ecology Rebecca Spurling, Tesoro Refining an d Marketing

### STATE OF WASIDNGTON DEPARTMENT OF ECOLOGY
IN THE MATTER OF AN MINISTRATIVE ORDER AGAINST: Tesoro Refming and Marketing Co. ] ] ] ]

## ----~----------------------1 TO: n Sorensen, Refmery Manager Tesoro fining and Marketing Con1pany 1 0200 We March Point Road 

### P. 0. Box 70 Anacortes, W A 8221 ORDER NO. 7838 Final December 2010



### This is an Administrative Orde eqmrmg your company comply with WAC 173-400-151 by taking the actions which are desc · ed below. Chapter 0.94 RCW authorizes the Washington State Department ofEcology's Air ality Program cology) to issue Administrative Orders to require compliance with the requireme s ofChaP, r 70.94 RCW and regulations issued to implement it. Ecology has determined that portions ofyo ility are subject to the provisions ofthe federal and state visibility protection program (W C 17 00-151 and 40 CFR Part 51, Subpart P). The rules require that the State determine w 

### at technolo · s and level ofemission control constitutes Best Available Retrofit Technology ART) for the eh ·ble emission units at your facility. The rules also require the installation a use ofthose emissio controls on the BART-eligible emission units. The emission co trois are to be installed as peditiously as possible, but 

### in no event can the State allow the o start operation later than five ears after the State's Regional Haze SIP amendment is apg oved by the United States Environm tal Protection Agency (EPA). FINDINGS The Tesoro Refmi and Marketing Company operate an oil refmery on M Washington Stat that contains emission units that are subject to BART. -eligible emission units at the Tesoro refinery are:
rocess heaters and boilers 1. F-1 03, Crude Oil Distillation 2. p.: 104, Gasoline Splitter/Reboiler 3. F-304, CO Boiler #2 4. F-654, Catalytic Feed Hydrotreater 5. F-6600, Naphtha Hydrotreater

L- 154Te ro Refining and Marketing Company B Compliance Order #7838 July 7, 010
6. F- 601, Naphtha Hydrotreater 7. F-6 2, Naphtha Hydrotreatcr 8.. F-665 Catalytic Reformer · 9. F-6651, atalytic Reformer 10. F-6652, C lytic Reformer 11. F-6653, Cata ic Reformer 12. F-6654, Cataly · Reformer 13. F-6655, Catalytic eformer b. Other units 1. X-819, Flare 2. CWT #2, Cooling Water To er 3. CWT #2a, Cooling Water To B. BART enlission limitations for the BART-e · following technologies or a combination of Final December 201 0

a. -6600, F-6601, F-6602, F-6650, F-6651,
b. Restricted use offuel oil in
c. Use ofexisting burners r control ofnitrogen oxides on d. Use ofthe existing ue Gas Scrubber (FGS) to control sulfur particulate matter tnissions from Unit F-304.
e. ofthe current, upgraded refinery fuel gas sulfur treat nt system for control of lfur dioxide emissions from all**proc~ss.** heaters and boilers eled with refmery el gas. f. Co nued operation ofCWT #2 and #2a as currently permitted. Unit F- 04, CO Boiler #2, exhausts to the same pruticulate and S02 emission control devi (the Flue as Scrubber) with Unit F-302, CO Boiler #1. Currently installed enlissions monitorin de Ices monitor the enlissions ofthe Flue Gas Scrubber. Tesoro proposed and Ecology has cepted continuation ofmomtoring the emissions from the Flue Gas.Scrubber for compliance with the BART limitation for articulate and S02 from Unit F-304.

L • 155Final December 2010

YOU ARE ORDERED: To instaU and operate emission control equipment in accordance with the following conditions: BART EMISSION LIMITATIONS "" 1. Particulate Matter Emissions
'- 1.1. Unit F-304 shall n1eet the following emission limitation:**~** 1.1.1. Particulate matter less than 10 micron 

### in diameter (PM10) emitted from the Flue Gas Stack shall not exceed 0.1 I grains/dscf, 1-hour average, corrected to seven percent oxygen, and
'- 1.1.2. 1.0 lbPM/1 000 lb coke burnt offin the Catalyst Regenerator. " 1.2. For Units F-104, F-654, F-6600, F-6601, F-6602, F-6650, F-6651, F-6652, F-6653, F6654, F-6655, and X-819, (all other BART-eligible units), emissions shall not exceed 0.05 grain/dscf(0.11 g/m3), 1-hour average, corrected to seven percent oxygen. "" 1.3. For Unit F-1 03, particulate matter emissions shall not exceed 0.05 grain/dscf(0.11 g/m3), 1-hour average, (corrected to seven percent oxygen), except when burning fuel ·oil as allowed by Condition 3..1. When burning fuel oil,.particulate emissions shall not

exceed 0.10 grain/dscf, 1-hour average, corrected to seven percent oxygen. "'- I .4. For Units CWT #2 and #2a, particulate matter emissions shall not exceed 0.10 grain/dscf(0.23 g/m3), 1-hour average.**~** 1.5. Compliance with the particulate emission limits above will be determined as follows: "\l 1.5.1. For Unit F-304 "-' 1.5.1.1. Compliance wi11 be demonstrated through use and continuous operation of the Flue Gas Scrubber as described in the unit's Operation and

L- 156Tesoro Refining and Marketing Company**BAR~** Compliance Order #7838 July 7, 2010 Final December 2010 Page 4 of 15

Maintenance Manual, including all unit start-up, shutdown, and malfunction procedures.

v 1.5.1.2. Compliance with Condition 1.1.1 will be determined upon request of NWCAA or Ecology for emissions testing using EPA methods 

### in 40 CFR Part 60 Appendix A. Particulate testing will use EPA Methods 5 and 202.

## ~ 1.5.1.3. Compliance with Condition 1.1.2 will be determined upon request of NWCAA or Ecology for emissions testing using EPA methods in 40 CFR Part 60 Appendix A. Particulate testing will use EPA Method 5B. ""'-' 1.5.2. For Unit F-.103, when burning oil, visually observe stacks on a daily basis to qualitatively assess whether enussions are visible. The frequency may be reduced to weekly ifno visible emissions are observed for 30 consecutive days. Tesoro shall revert to daily observations ofindividual stacks ifany visible emissions are noted during the observation.**~** 1.5.3. For Unit F-103, when burning fuel gas and for Units F-104, F-654, F-6600, F6601, F-6602, F-6650, F-6651, F-6652, F-6653, F6654, F-6655, X-819 when burning gaseous fuels, visually observe stacks monthly to qualitatively assess whether emissions are visible. The frequency may be reduced to quarterly ifno visible emissions are observed for six consecutive months. Tesoro shall revert to monthly observations ofindividual stacks ifany visible emissions are noted during the observation. '\1 1.5.4. Ifvisible emissions are observed from Units F-103, F-104, F-654, F-6600, F6601, F-6602, F-6650, F-6651, F-6652, F-6653, F-6654, F-6655, or X-819, reduce emissions to zero as soon as possible. Ifemissions cannot be reduced to zero, the pem1ittee may monitor by Ecology Method 9A no later than 24 hours after detection and daily thereafter until opacity is shown to be less than 20 percent or the pennittee will conduct a Method 5 assessment within 30 days.**~** 1.5.5. Keep records ofall observations available for inspection
. .J 1.5.6. For Units F-103, F-104, F-654, F-6600, F-6601, F-6602, F-6650, F-6651, F6652, F-6653, F6654, and F-6655, and upon request ofNWCAA or Ecology compliance with Condition 1. 2 and 1.3 will be determined using EPA methods in 40 CFR Part 60 Appendix A. Particulate testing will use EPA Methods 5.

L- 157Tesoro Refining and Marketing Company BART Compliance Order #7838 July 7, 2010

-- 2. Nitrogen Dioxide Emissions**~** 2.1. Unit F-103 Final December 2010 Page 5 of 15**~** 2.1.1. Starting no later than the date in Condition 5, emissions ofnitrogen dioxide from Unit F-103 is limited to: 2.1.1.1. 59.1 tons/yr, rolling annual (365 days) total**cal~ulated daily~** 

-.... 2.1.2. ·Compliance will be determined by**us~** ofa continuous emission monitoring system meeting the criteria ofCondition 9.3 or a source-specific emission factor developed and periodically revised per Conditions 9.4 and 9.5.**~** 2.1.3. Emissions testing utilizing EPA Reference Method 7E will be performed within 180 days ofthe start ofoperation ofthe NOx control system.

-., 2.2. · Units F-104, F-304, F-654, F-6600, F-6601, F-6602, F-6650, F-6651, F-6652, F-6653, F-6654, F-6655, X-819 2.2.1. No nitrogen dioxide emission lhnitations are applicable to these units.

-, 3. Sulfur Dioxide Emissions ·3.1. Unit F-103

- 3.1.1. Starting no later than the date in Condition 5, Unit F-103 is to be fired by refmery fuel gas meeting the requirements ofCondition 3.4 below, or natural gas. Fuel oil may be used when the conditions in Condition 3.1.2 are met.

- 3.1.2. Fuel oil may be used only in the following circumstances:**~3.1.2.1.** Curtailment ofnatural gas supply, or

- 3.I .2.2. Periods with limited refmery fuel gas availability such as start-up and shutdown ofmajor refmery process units, while**maj~r** refmery process tmits are not operating and producing refmery gas, and emergency conditions as necessary to maintain safe operations or equipment shutdown, or ' 3.1.2.3. Test firing on fuel oil is allowed for up to 24 hours per calendar year.

L- 158Final December 2010
Tesoro Refining and Marketing Company BART Compliance Order #7838 Page 6 of15 July 7, 2010

, 3.2. Unit F-304 "' 3.2.1. Starting no later than the date in Condition 5, emissions ofsulfur dioxide in the stack from the Flue Gas Scrubber treating the exhaust from Units F-304 and F302 is to meet the following:
'- 3.2.1.1. Not exceed, 25 ppmv (dry basis, 0%02, 365-day rolling average), or ""' 3.2.1.2. 50 ppmv (dl)' basis, 0% 

### 02, 7-day rolling average).
""'- 3.2.1.3. Compliance to be den1onstrated by a continuous emissions monitor meeting the criteria ofCondition 8.1.**~** 3.2.1.4. Bypassing ofthe Flue Gas Scrubber**~** 3.2.1.4.1. Bypassing ofthe Flue Gas Scrubber is to be minimized.
'- 3.2.1.4.2. Sulfur dioxide emission when the Flue Gas Scrubber is bypassed shall not exceed 1 000 ppmdv, 1-hour average, corrected to seven percent oxygen. Compliance with the 1 000 ppmdv limitation must be demonstrated by use ofa continuous emissions monitor or mass balance calculation. The mass balance calculation must assume all sulfur entering Units F-302 and F-304 (CO Boilers #1 and #2) is oxidized to 

## so2 and discharged to the atmosphere unless demonstrated otherwise by process data and/or analytical methods at representative operating conditions. " 3.2.1.4.3. Records and data used to determine compliance with this provision shall be kept for at least five years and made available to NWCAA or Ecology on request.**~** 3.2.1.4.4. Sulfur dioxide emissions during bypass ofthe Flue Gas Scrubber shall be minimized to the extent reasonably practicable by methods such as FCCU feed rate reduction, FCCU feed sulfur content reduction, catalyst utilization, and/or other actions. These procedures are to be incorporated into the. FCCU operations and maintenance procedures. 

### \. 3.2.1.4.5. Records must be taken during each Flue Gas Scrubber bypass event. The records shall contain the date and time ofthe beginning and end ofthe bypass event, all actions taken to reduce 

## so2

L- 159Tesoro Refining and Marketing Company BART Compliance Order #7838 July 7, 2010 Final December 2010 Page 7 of 15

emissions during the bypass, all actions required to restart the Flue Gas Scrubber and end bypassing. The record may take the form of a checklist. Records ofeach bypass event shall be retained at the facility for at least five years and be tnade available to NWCAA or Ecology upon request. "' 3.3. Units F-104, F-654, F-6600, F-6601, F-6602, F-6650, F-6651, F-6652, F-6653, F-6654, F-6655 "'\, 3.3.1. Starting no later than the date in Condition 5, these units shall 

### only fire refinery gas meeting the criteria in Condition 3.4 or natural gas.

### ~ 3.4. Refmery fuel gas requiren1ents 

### "'\1 3.4.1. Refmery fuel gas from blend drum V-213 shall not contain greater than 0.10 percent by volume H2S, 365-day rolling average, measured according to Condition 8.3 oftllis order. "'-. 3.4.2. Bypass ofacid gas from the amine regenerator C-1120 system away from the normal processing flow to General Chemical shall be recorded and reported the NWCAA (i.e., any period that PC5265A is opened). A root-cause analysis shall be conducted and recorded for any bypass event. SCHEDULE FOR COMPLIANCE**~** 4. Particulate Matter Emissions "" 4.1. For all units, compliance with the emission limitations is required on the issuance date ofthls Order.

"-l 5. Schedule for Compliance with Sulfur Dioxide Emissions Limitation**~** 5.1. For all units, compliance with the emission limitations is required on the issuance date ofthis Order.**"-~** 6. Schedule for Compliance with Nitrogen Dioxide Emissions Limitations \.1 6.1. Compliance with the nitrogen dioxide emission limitation for Unit F-103 is to be achieved as follows:

L- 160Tesoro Refining and Marketing Company BART Compliance Order #7838 July 7, 2010 Final December 201 0 Page 8 of 15

### "'-~ 6.1.1. Submittal ofNotice ofConstruction application to NWCAA for the installation ofNOx controls on Unit F-103 no later than June 30, 2014. The facility may submit a request fbr an extension to Ecology no later than 90 days prior to this date. Ecology will respond to the facility in writing whether it will accept or deny the extension request.

### ~ 6.1.2. Start ofconstruction for installation ofultra-low-NOx burners in Unit F-103, no later than March 1, 2015. The facility may submit a request for an extension to Ecology no later than 90 days prior to this date. Ecology will respond to the facilitY in writing whether it will accept or deny the extension request. 

### "\J 6.1.3. Start operation ofemission controls installed to meet the NOx emission limitation no later than September 30, 2015. The facility may submit a request for an extension to Ecology no later than 90 days prior to this date. Ecology will respond to the facility in writing whether it will accept or deny the extension request. \s 6.1 .4. Compliance with the 365-day rolling average emission limit begins on the 365th day after the date the emission controls start operation unless the criteria of Condition 14 are invoked. 

### MONITORING AND RECORDKEEPING REQUIREMENTS**"~** 7. Particulate Matter {PMto)

'- 7.1. For Unit F-304, Flue Gas Scrubber Stack ' 7.1.1. Particulate emissions stack test results shall be submitted to NWCAA and Ecology upon request.

- 7.1.2. Emissions testing shall use EPA Methods 5 and 202 to demonstrate compliance with Condition·I .1.1. '" 7.1.3. Emissions testing shall use the procedures of40 CFR 63.1564(c) and 63.1572 to demonstrate compliance with Condition 1. 1.2.


## 4 7.1.4. Visual emissions tnonitodng data shall be recorded and retained at the facility available for review by NWCAA or Ecology inspectors. 7.1.5. Visible emissions observation records are to be retained at the facility for at least five years.

L- 161Tesoro Refining and Marketing Company BART Compliance Order #7838 July 7, 2010**~** 7.2. For all other BART-eligible emission units Final December 2010 Page 9 of15**~** 7.2.1. Particulate emissions stack test results shall be submitted to NWCAA and Ecology upon request.

- 7.2.2. Emissions testing shall use EPA Method 5.
"- 7.2.3. Visual emissions monitoring data shall be recorded and retained at the facility available for review by the NWCAA or Ecology inspectors. ' 7.2.4. Visible emissions observation records are to be retained at the facility for at least five years. · """""'8. Sulfur Dioxide "' 8.1. UnitF-103

-..... 8.1.1. A record ofall hours ofoperation using fuel oil shall be kept. The record shall record the day and time ofthe start ofuse offuel oil, the day and time fuel oil use ends, and the reason fuel oil is used. "" 8.1.2. The records are to be retained at the facility for at least five years and be made available to NWCAA or Ecology upon request. "" 8.2. Unit F-304**~** 8.2.1. A continuous etnission monitor system (CEM) shall be installed, calibrated, maintained, and operated to measure oxygen and S02 concentrations 

### in the Flue Gas Scrubber stack. """' 8.2.2. The monitors shall meet the more stringent ofthe specifications of40 CFR Part 60 Appendices B and F, or the NWCAA Regulation 367 and Appendix A.

-...... 8.2.3. S02emissions data from the CEM shall be maintained as calendar day average concentrations (ppmdv). The daily averages shall be used to calculate and record 7-day and 365-day rolling averages. The daily average S02 concentrations and calculations ofthe 7-day and 365-day averages shall be retained at the facility for at least five years and made available to NWCAA or Ecology on request.

L- 162Tesoro Reflning and Marketing Company BART Compliance Order #7838 July 7, 2010

----..., 8.3. Refmery fuel gas systen1 Final December 201 0 Page 10 of 15

-.... 8.3.1. A continuous emissions monitoring system (CEMS) for hydrogen sulflde concentration shall be installed, calibrated, maintained, and operated measuring the outlet stream ofthe fuel gas blend drum subsequent to all unmonitored incoming sources ofsulfur cmnpounds to the system and prior to any fuel gas combustion device. The monitor shall be certified in accordance with 40 CFR Part 60 Appendix B and operated in accordance with 40 CFR Part 60 Appendix F and the NWCAA Regulation 367 and Appendix A. "8.3.2. Record the calendar day average H 2S concentration ofthe refinery fuel gas as measured by the CEM required in Condition 8.3.1. The daily averages shall be used to calculate the 365-day rolling average. Records ofthe daily average H2S concentration and 365-day rolling averages are to be retained at the facility for at least five years and be made available to NWCAA or Ecology upon request. """-. 9. Nitrogen Dioxide Emissions

'>J 9.1. Unit F-103 " 9.1.1. Nitrogen dioxide emissions are to be quantified by means ofa continuous emission monitoring system,·consisting ofa continuous nitrogen oxides monitor and a continuous flow rate monitor meeting the requirements ofCondition 9.3, or '- 9.1.2. Development ofa unit-specific emissions factor. The method to develop and update the emission factor is described in Conditions 9.4 and 9.5 below.**~** 9.2. All other BART -eligible units

"-.J 9.2.1. No monitoring and recordkeeping requirements.**~** 9.3. Nitrogen oxides and flow continuous monitor requirements**~** 9.3 .1. The monitor shall meet the more stringent ofthe specifications of40 CFR Part 60 Appendices Band F, or the NWCAA Regulation 367 and Appendix A. 

### \1 9.3.2. :J;:ach calendar day's average nitrogen oxides emissions will be calculated and recorded daily.

L- 163Tesoro Refining and Marketing Company BART Compliance Order #7838 July 7, 2010 Final December 2010 Page 11 of 15

' 9.3.3. The rolling annual total nitrogen oxides emissions shall be recalculated and recorded daily.
'--- 9.4. Ifused, a unit-specific emissions factor, expressed as lb!MMBTU offuel frred shall be based on the following: ""9.4.1. Minimum offour discrete NOx stack tests utilizing the emission test method given in 40 CFR Part 60, Appendix A, Method 7E. ""' 9.4.2. Each ofthe four tests is to be no closer than three weeks apart or as specified in the source testing plant submitted to NWCAA and Ecology and approved by both agencies. " 9.4.3. The frrst test is the initial compliance test specified in Condition 2.1.3.

- 9.4.4. Each source test must include information on production rate through the 

### unit, fuel frring rate, specific gravity ofthe refmery fuel gas, and heat content ofthe refmery fuel gas. For Unit F-103, the information recorded will include whether fuel oil was used during the test and the nitrogen and sulfur content**~f** the fuel oil.

..... 9.4.5. Each stack test shall be conducted at normal operating rate.

-. 9.4.6. ·The supporting information and the emission factor (or factors ifmultiple operating rates have been tested) developed shall be submitted to NWCAA and Ecology within 60 days ofthe last ofthe emission tests. Ecology and NWCAA n1ust concur with the appropriateness ofthe factor proposed.

-**9.5~** Ifthe NOx emissions frmn Unit F-103 are determined by a unit-specific emission factor, nitrogen oxide emissions shall be tested at least once each calendar year utilizing 40 CFR Part 60, Appendix A, Method 7E. The information specified in Condition 9.4.4 shall be collected as part ofeach emission test, and with all previous emissions and process information collected, is used to recalculate the unit-specific emission factor for use in the following calendar year. 

### REPORTING REQUIREMENTS 10. The test report for the initial NOx emission control system performance testing required by Condition 2.1 shall be submitted to Ecology and to NWCAA within 45 days ofcompletion.

L- 164Tesoro Refining and Marketing Company BART Compliance Order #7838 July 7, 2010 Final December 201 0 Page 12 of.15

11. Docwnentation ofcompletion ofeach milestone in Condition 6 will be provided by Tesoro by certified mail to Ecology and to NWCAA within 30 days ofcompletion. 12. Continuous emission monitoring data and/or emission factor based emissions shall be submitted to Ecology and to NWCAA on a semiannual basis, January through June and July through December. The semiannual report shall be provided within 45 days ofcompletion of the reporting period. The submittal shall be electronically in a format acceptable to NWCAA. Reporting to Ecology will end when Tesoro has demonstrated compliance with the BART emission limits in tlris order applicable to a specific unit for a continuous 36- month period. 13. Continuous Emission Monitoring Quality Control Testing 13.1. Data quality control testing shall be perfornied at least once per calendar quarter. This entails Cylinder Gas Audits and Relative Accuracy Audits. 13.2. A Relative Accuracy Test Audit (RATA) test shall be performed at least once per year on every CEM system required by this Order. 13.3. All RATA tests shall assess the ability ofthe entire system from stack probe to data acquisition system output. 13.4. Tesoro shall notifY Ecology and NWCAA when annual RATA testing is scheduled to occur, no later than 30 days priorto the testing date. 13.5. Tesoro shall provide Ecology and NWCAA a copy ofthe RATA test results in an electronic format within 45 days ofcompletion ofthe RATA test. 13 .6. Tesoro shall provide NWCAA the results ofall quarterly cylinder gas audits performed with the next quarterly data assess1nent report submitted to NWCAA.

. . Ifthe request is submitted before installation ofthe control techno

L- 165

### Tesoro Refining and Marketing Company BART Compliance Order #7838 July 7, 2010 Final December 201 0 

### Page 13 of15

14.1.1. Tesoro documents the technical difficulties and reasons why the limit canno e achieved. Tesoro provides documentation ofall work with the equipment vend r staller, ifone is involved, to achieve the emission limitation. 14.1.3. Teso proposes an alternative control technology and emissi

.BART r this unit, including an**ev~uation** 

### ofthe visibili nprovement achievab through implementation ofthe proposed limi ion compared to the effect ofthe imitation currently in this Order. 14.2. Ifthe request is submitt after the unit has been in oper ron, but no sooner than 12 months after the start ofo ration, Tesoro's request st contain: 14.2.1. All information collect by Tesoro and i vendor or equipment installer to determine reasons for fai ·e to n1eet 

### tl etnission limitation, including but not limited to:

14.2.3. Copies ofall continuous e 14.2.4. Documentation ofop 14.2.5. Fuels used and ult.imate analysis informat n to be provided for at least one
14.2.6. Tesoro pr oses as BART an en1ission limitation bas on the capabilities of the con ol equipment as installed on the unit (includin asis for it) for the revis emission linlitation. The request shall include an aluation ofthe vi · ility hnprovernent achievable through implementation the proposed

mitation compared to the improven1ent provided by the limit this Order. may request this compliance Order be rescinded after all ofthe following o cur: .1. All BART units at the plant have continuously complied with the emissions limi in Conditions 1, 2, and 3 for a period ofthree years after the date in Condition 6.

L- 166Tesoro Refining and Marketing Company BART Compliance Order #7838

uly 7, 2010 Final December 2010 Page 14 of 15

. The emission linutations**in.~hls** Order have been incorporated into one or re nforceable orders or permits issued under the criteria ofRCW 70.94.15 or 70.94.153 NWCAA regulations implementing these provisions. 15.3. Thee 'ssion limitations in the enforceable orders or permits have into the ·r Operating Permit issued by NWCAA to Tesoro. 16. By issuance ofthls rder, the requirements ofOrder 5071 have b n complied with and it is rescinded. Within 20 days ofreceipt oft ·s Order, you may request a del 

### in the submittal date. Any such request must be acco1npanied b a writtenjustification fort delay. Failure to comply with thls Order m result in the issu ce ofcivil penalties or other actions, whether administrative orjudicial, to e orce the te ofthls Order. You have a right to appeal this Order. To a

o File your appeal with the Pollution C receipt" ofthis document. Filing hours. I Hearing Board withln 30 days ofthe "date of al receipt by the Board during regular office

o Serve your appeal on the De rtment ofEcology 'thin 30 days ofthe "date ofreceipt" ofthis document. Service 1ay be accomplished by y ofthe procedures identified 

### in WAC 371-08-305(10). ' ate ofreceipt" is defmed at CW 43.21B.001(2). · Ifyou appeal, you must:

o Include a copy ·this docmnent with your Notice ofAppeal. o Serve and fil your appeal in paper form; electronic copies are not To file your apP, al with the Pollution Control Hearing Board:

The ollution Control Hearings Board P
.-Box 40903 OR

lympia, W A 98504-0903

L- 167 Deliver your appeal in person 

### t · The Pollution Control Hearings Bo 4224-6th Avenue SE Rowe Six, Bldg Lacey, WA 98503Tesoro Refining and Marketing Company BAR Compliance Order #7838 July 7, 10
eal on the Department ofEcology: Mail appeal to: Departn1ent ofEcolo Appeals Coordinator P.O. 

### Box 47608 Olympia, W A 98504-7608 And send a copy ofyour appeal pack Alan Newman Department ofEcology 

### Air Quality Program P.O. 

### Box 47600 Olympia, W A 98504-7600 OR

For additional information, go to the Environme http://www.eho.wa.gov. Department ofEcology Appeals Coordinator 300 Desmond Drive -i**~acey,** WA 98503

To find laws and agency rules, go to the 

### W. shington State Leg1 http://wwwl.leg.wa.gov/CodeReviser. Final December 201 0 Page 

### 15 of15

Your appeal alone will not stay the fectiveness ofthis Order. Stay r uests must be submitted in accordance with RCW 43.21B. 0. These procedures are consistent Chapter 43.21B RCW.

L- 168