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Exhibit 210: 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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In a 2001 declaration filed with Washington State's Pollution Control Hearings Board, environmental reviewer Tom Luster argues that the state Department of Ecology's water quality certification for the Sea-Tac Airport expansion was based on speculation rather than the legally required 'reasonable assurance' that water quality standards would be met. Luster contends the certification lacks sufficient evidentiary support and that the approved stormwater and low-flow mitigation plans fall far short of adequately protecting state waters. He warns that accepting this certification approach could set a damaging precedent for future water quality reviews of major projects across Washington State.

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Reply Declaration of Tom Luster (AR 018709) filed October 8, 2001, in support of ACC’s motion for stay of Section 401 Certification No. 1996-4-02325 (Amended-1) and CZMA concurrency statement issued by Washington State Department of Ecology for the Port Of Seattle third runway expansion project. Luster argues the 401 certification fails the ‘reasonable assurance’ and ‘preponderance of evidence’ standards under Clean Water Act, RCW 90.48, and WAC 173-201A; critiques the July 2001 Low Flow Plan, December 2000 Stormwater Plan, August 2001 Cumulative Impacts Study, and reliance on NPDES/402 permits. PCHB case numbers 01-133 and 01-160, filed before the Pollution Control Hearings Board for the State of Washington.

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