Notes

Declaration of Pete Kmet, senior environmental engineer in Ecology’s Toxics Cleanup Program, filed in PCHB No. 01-133 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle). Kmet clarifies his June 27, 2001 response to Kevin Fitzpatrick (Water Quality Program) regarding terrestrial ecological risk language for the Clean Water Act § 401 Certification for the Port Of Seattle Third Runway project. Kmet states his response addressed only terrestrial ecological evaluation language and should not be construed as evaluating whether fill criteria in the § 401 Certification are protective of water quality. Also addresses ACC’s mischaracterization of MTCA cleanup level development as cost/benefit-based, citing WAC 173-340-200 and the Responsiveness Summary on Amendments to Model Toxics Control Act Cleanup Regulation Chapter 173-340 (February 1991). AR 007691–AR 007693.

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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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