PCHB234006512

PCHBPollution Control Hearings Board of the State of Washington

Selenium at .75 mg/kg, and Method 7741 gS{_ilg_1ng?i_L f_[ gitverat. _k_;_' d<'_e_or_lru;ittttn,3, _ _,L_i--'ft.l['_,l.i'_.,i'%jO _-,)k. l" t_.. t. _{ 7,ik li,Tti'q(i S.O _:Fi>(71i:i Table II, at p.7; Ex. B. to Lucia Decl. The Port generally alleges that "scientific calculations" utilizing a back-calculating approach derive safe soil contaminant levels for the protection of water quality. Port Brief at 20. However, the analysis, calculations and tables of DOE's own expert, Chung Yee, show that for some contaminants6 the 3-phase "back-calculating" model for deriving soil contamination levels for the protection of s_irfacc and groand water would require contaminant levels much lower {ban those allowed by _he Amended Certification. Eglick Decl., Ex. J (Email from Ecology's Chung Yee). For example, Mr. Yee calculated that in order to protect groundwater only 5.79 mg/kg of Antimony should be allowed, yet the Certification allows approximately 3 times that much Antimony (16 mg/kg). Id. Similarly, Mr. Yee calculated that only 2.92 mg/kg of Arsenic should be allowed in order to protect groundwater. Id. Thus, at maximum, Ecology should have set the Arsenic level at natural background (7mg/kg) rather14 _5 then the 20 mg/kg allowed in the Certification. That the revised Certification sets the level of acceptable contamination too high for purposes of ensuring water quality and protecting plants and animals is clear from Ecology's own Toxics Cleanup Program senior environmental engineer, Peter Kmet, quoted by ACC in our opening brief. See Memo in Support of Motion for Stay at 19 and Exs. G and [-iof First Eglick Deci.…
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