Exhibit 205: Tom Luster Notes on Call with Ann Kenny re 401/Agreed Order/Governor’s Certification Letter

In a June 2001 internal memo, Tom Luster notes a call from Ann Kenny of the Washington Department of Ecology regarding the Sea-Tac Airport third runway project. Kenny indicated that Ecology intended to separate the Section 401 water quality certification from the Agreed Order, planning a new study to examine possible contamination pathways from the Airport Operations and Maintenance Area (AOMA) to the third runway site. Luster noted that if called upon for an affidavit, his testimony would reflect his understanding of how the key documents were connected during his time as project reviewer.

Notes

Exhibit 205 (AR 018547): Internal email/notes by Tom Luster dated June 5, 2001, documenting a phone call from Ann Kenny (Ecology) regarding the 401 water quality certification, Agreed Order, and Governor’s certification letter in the context of Sea-Tac Airport third runway proceedings before the Pollution Control Hearings Board (PCHB). Kenny states Ecology intends to separate the 401 from the Agreed Order and achieve ‘reasonable assurance’ for the 401 through a separate study examining possible contamination pathways from the AOMA (Airport Operating and Maintenance Area) to the third runway. Kenny notes the Agreed Order was never intended to assess more than local contamination impacts in the AOMA area and that Ecology’s approach recognizes conditions have changed since the Governor’s letter was written. Luster notes that any affidavit he provided would reflect his understanding of the connection between these documents during his tenure as project reviewer.

V V