Exhibit 204: Email from Tom Luster re: Sea-Tac NPDES Permit Review, 401 Certification, and Construction BMPs

In this June 2001 internal email, Tom Luster documents a conversation with Ann K. regarding Senator Patterson's request that he review an NPDES stormwater permit related to the Sea-Tac Airport expansion project. Luster notes concerns about whether construction Best Management Practices (BMPs) in the permit were sufficient to meet water quality standards under Section 401 requirements, stating that BMPs with a history of non-compliance should be replaced with proven alternatives. He also addresses his role as an independent reviewer, emphasizing his goal of ensuring a legally defensible decision rather than advocating for any particular party's position.

Notes

Exhibit 204 (AR 018546): Internal email from Tom Luster to himself dated June 7, 2001, documenting a phone conversation with Ann K. (Ecology) regarding Senator Julia Patterson’s letter requesting review of the NPDES permit for Sea-Tac Airport third runway construction. Luster discusses adequacy of construction BMPs for Section 401 certification purposes, noting that the adaptive approach used in NPDES permitting may be insufficient where BMPs have historically resulted in non-compliance with water quality standards. Ecology had informed Port Of Seattle that the next permit cycle would require significant upward revision of requirements. Luster references his January 21, 2001 letter to the Senator and his January deposition on the general stormwater permit appeal. Filed in PCHB third-runway-EIS administrative record.

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