PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA             Item No.      5c 
ACTION ITEM            Date of Meeting   January 22, 2013 
DATE:    January 11, 2013 
TO:     Tay Yoshitani, Chief Executive Officer 
FROM:    Stephanie Jones Stebbins, Director Seaport Environmental and Planning 
Kathy Bahnick, Manager, Seaport Environmental and Planning 
SUBJECT:  First Amendment to the Lower Duwamish Waterway Group Memorandum of
Agreement
Amount of This Request: N/A        Source of Funds: Environmental Remediation 
Liability Non Ops 
Est. State and Local Taxes: N/A       Est. Jobs Created:
Est. Total Project Cost:    $3,500,000 - $4,000,000 
ACTION REQUESTED:
Request authorization for the Chief Executive Officer to execute an amendment to the Lower
Duwamish Waterway Group (LDWG) Memorandum of Agreement (MOA) to provide for
additional studies to further the decision-making process of the U.S. Environmental Protection
Agency's (EPA's) site remediation actions. This work is estimated to cost in the range of
$2,500,000 to $3,000,000 split evenly between the MOA members, and will likely be performed
under an amendment to the Lower Duwamish Superfund Site Administrative Order on Consent
(Order). No new funding is requested. Funds to perform this work will be included in the
Environmental Remediation Liability annual authorization. 
SYNOPSIS:
The original MOA was signed by the LDWG parties (City of Seattle, King County, The Boeing
Company and the Port of Seattle) in 2000. The purpose of the MOA was to establish the process
for mutual cooperation and cost sharing in performing the work identified in the Order for a
Remedial Investigation/Feasibility Study. Under the MOA, the LDWG parties have hired joint
consultants who have produced the final Remedial Investigation and the conditionally approved
final Feasibility Study.  The EPA has indicated that it will require the parties to perform
additional studies under an amendment to the existing Order to further the agency's decisionmaking
process for site remedial actions. The MOA amendment is for implementation of
additional studies requested by the EPA and Department of Ecology under the amended Order,
and for cost sharing for this work and the agency oversight costs.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
January 11, 2013 
Page 2 of 3 
BACKGROUND: 
The EPA and Ecology have conditionally approved the Feasibility Study, which is one of the two
major studies leading to the development of the proposed cleanup plan.  However, EPA needs
additional information in order to finalize its final remedy decision as part of the Feasibility
Study process, and is therefore being conducted under the Order.
The current schedule is for the conditionally-approved final FS, the EPA-developed Proposed
Plan and the EPA-developed Environmental Justice report to be released for public comment in
late February 2013. The Record of Decision (ROD) is expected to be issued in early to middle
2014.
The additional work consists of: (1)  a fisher study that will help formulate the type of
institutional controls that will be  required by the ROD; (2) additional studies to refine the 
cleanup tehnology assumptions, such as the potential use of activated carbon treatment. Joint
public outreach activities are also needed and covered under this MOA amendment. 
PROJECT JUSTIFICATION:
The amendment will allow the parties to continue to fulfill the legal obligations under the Order 
amendment as directed by EPA to select cleanup actions for the Lower Duwamish Site. 
FINANCIAL IMPLICATIONS:
Budget Status and Source of Funds: 
There is no funding request as part of this authorization. Funding for the associated costs is
included in the annual Environmental Remedial Liability (ERL) authorization. The costs are
also partially reimbursed by our partners and are eligible for state grant recovery when it is
available. 
ECONOMIC IMPACTS AND BUSINESS PLAN OBJECTIVES: 
As a signatory on the Order, the Port is legally obligated to do this work as directed by EPA and
Ecology. The Port and the other LDWG parties continue to carefully control costs associated
with the effort to minimize overall economic impact. 
STRATEGIC OBJECTIVES: 
This work supports the Century Agenda goal of being the greenest, most energy efficient Port in
North America by moving toward cleanup of the Lower Duwamish Waterway. Meeting our
obligation for this cleanup is a critical component of the Green Gateway strategy of meeting our
legal obligations. 
ENVIRONMENTAL SUSTAINABILITY: 
Addressing unacceptable levels of environmental risk caused by the presence of contaminants in
soil, groundwater and sediment is not only the goal of numerous state and federal laws, it reflects
our commitment to environmental stewardship, from the perspectives of both the surrounding
communities and the customers that we serve. These studies are critical steps for EPA and
Ecology to create a cleanup plan for the LDW.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
January 11, 2013 
Page 3 of 3 

ALTERNATIVES CONSIDERED AND THEIR IMPLICATIONS: 
1.  Do not authorize the CEO to enter into the MOA amendment. Absent entry into the MOA
amendment, the Port would not be able to participate in the additional work being required
by the agencies. EPA would consider non-participation to be a violation of the Order, which
would subject the Port to a potential enforcement action. This is not the recommended
alternative.
2.  Authorize the CEO to enter into the MOA amendment with the City, Boeing and County to
allow continuation of the current working relationship and to continue sharing costs, pending
a final allocation, for additional studies and agency oversight, and for certain tasks related to
the remedy selection process, such as public outreach.  This is the recommended
alternative. 
OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST: 
Lower Duwamish Waterway Group Memorandum of Agreement 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS: 
November 6, 2007  Briefing on Lower Duwamish Sediment Superfund site 
November 4, 2008  Briefing on the Lower Duwmaish Waterway Remedial Investigation
and Feasibility Study 
May 5, 2009  Briefing on the Lower Duwamish Waterway Feasibility Study 
October 12, 2010  Briefing on the Lower Duwamish Waterway Feasibility Study