October 8, 2001August 2, 2026

EXH AR007082: Reply Declaration of Tom Luster in Support of Stay — ACC v. Ecology and Port Of Seattle (PCHB No. 01-133, No. 01-160)

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Reply declaration of Tom Luster filed October 8, 2001 before the Pollution Control Hearings Board (PCHB) for the State of Washington in Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port Of Seattle, case nos. 01-133 and 01-160. Addresses Section 401 Certification No. 1996-4-02325 (Amended-1) and CZMA concurrency statement issued August 10, 2001 and reissued September 21, 2001. Argues the 401 certification for the proposed Sea-Tac Airport expansion is based on speculation rather than the required ‘reasonable assurance’ standard, that the certification does not meet RCW 90.48 and WAC 173-201A water quality standards, and critiques the December 2000 Stormwater Plan, July 2001 Low Flow Plan, cumulative impacts study, and reliance on NPDES 402 permits. Raises Clean Water Act, state water quality standards, and beneficial uses compliance issues.

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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