April 11, 2001August 2, 2026

Letter from Washington Department of Ecology to Kevin L. Stock Regarding Agreed Order #97TC-N122 and 401 Certification Process

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Washington Department of Ecology Director Tom Fitzsimmons responds to attorney Kevin L. Stock of Helsell Fetterman LLP regarding agreements reached at a March 27, 2001 meeting with the Airport Communities Coalition (ACC) and legislators. The letter addresses concerns about the Agreed Order #97TC-N122, the 401 Certification process for the Port of Seattle’s Third Runway projects, and the potential for contaminant pathways from the Airport Operations and Maintenance Area (AOMA) to proposed runway sites. Ecology commits to conducting a pathway analysis before approving or denying the Port’s third runway projects, and notes a grant audit being conducted related to the Agreed Order.

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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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