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Exhibit 209: Declaration of Thomas R. Luster — ACC v. Ecology and Port Of Seattle, PCHB No. 01-133

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Thomas R. Luster, a former 12-year Department of Ecology expert in water quality and wetlands, submitted this declaration to Washington's Pollution Control Hearings Board challenging the water quality certification issued for construction of a third runway at Seattle-Tacoma International Airport. Luster, who served as Ecology's senior policy and technical expert for Clean Water Act Section 401 reviews and had personally overseen more than 700 such certifications, was asked to assess whether the project and its certification complied with federal and state water quality standards. His testimony was submitted in support of a request to stay the certification issued on August 10, 2001.

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Declaration of Thomas R. Luster submitted to the Pollution Control Hearings Board (PCHB), Case No. 01-133, Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port Of Seattle. Luster, former senior policy and technical expert at Ecology’s Federal Permits Unit (1989–2001), reviews CWA Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, related to construction of a third runway and related projects at Seattle-Tacoma International Airport. Declaration addresses compliance with Clean Water Act, state water quality standards, coastal zone management, wetlands, sediment management (WAC), and whether a stay of the certification should issue. Luster cites 12 years at Ecology, 700+ water quality certifications, Corps of Engineers Section 404 nationwide permits, and Executive Order 81-18.

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