Item No.8e - attach 1
Meeting Date: May 9, 2023

STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
In the Matter of Remedial Action by:
The Port of Seattle
TO:

FIRST AMENDMENT TO AGREED ORDER
No. DE 24768

Mr. Stephen P. Metruck
Executive Director
Port of Seattle
P.O. Box 1209
Seattle, WA 98121-1209

EXHIBIT
EXHIBIT A

Amended Scope of Work and Schedule
I.

INTRODUCTION

The State of Washington, Department of Ecology (Ecology) and the Port of Seattle (Port)
entered into Agreed Order No. DE 6184 (2020 Order) on January 31, 2020. The 2020 Order
requires the Port to conduct a Remedial Investigation (RI) per WAC 173-340-350 and WAC
173-204-550 of the Submerged Lands Area of the Terminal 91 Facility (Facility). Pursuant to
Section VIII.J of the 2020 Order, Ecology and the Port hereby stipulate to an Amendment to the
2020 Order.
By this First Amendment, the Port will conduct a Feasibility Study per WAC 173-340350 and WAC 173-204-560 and develop a draft Cleanup Action Plan (DCAP) per WAC 173340-350 through 173-340-380 and WAC 173-204-560 through and 173-204-580, addressing
contamination in the Submerged Lands Area at the Facility. This Amendment does not attempt
to recite all of the provisions of the 2020 Order. Provisions of the 2020 Order not specifically
changed in this Amendment remain in full force and effect.
VII.
J.

WORK TO BE PERFORMED

The Port will complete a Feasibility Study (FS) and a preliminary draft Cleanup

Action Plan (DCAP) for the Submerged Lands Area of the Facility per WAC 173-340-350 and
WAC 173-204-560 in accordance with the schedule and terms set forth in the Amended Scope of

Amendment to Agreed Order No. DE 24768
Page 2 of 2
Work and Schedule, Exhibit A, and all other requirements of this First Amendment to the 2020
Order. The following naming conventions shall be used for applicable documents: Agency
Review Draft (designation for the first time Ecology receives a document); Public Review Draft
(designates a document ready for public comment); Final (designation for a document after
public comment and/or after Ecology approval); and the preliminary DCAP (designation for the
Port’s version of the DCAP). Ecology is responsible for preparation of the Cleanup Action Plan
(CAP); however, with Ecology concurrence, the Port may prepare the DCAP for final approval
by Ecology in accordance with WAC 173-304-350 through 173-340-390 and WAC 173-204.
Effective date of this Order:
PORT OF SEATTLE

STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY

STEPHEN P. METRUCK
Executive Director
206-787-3000

RAMAN IYER
Section Manager
Hazardous Waste and Toxics Reduction
Program
Northwest Regional Office
(425) 417-5453.

Exhibit A – Scope of Work and Schedule

Terminal 91

EXHIBIT A –SCOPE OF WORK (SOW) and SCHEDULE
Terminal 91 – Submerged Lands
PURPOSE
The work under Agreed Order Amendment 1 No. DE 24768 (AO) requires the Port of Seattle
(Port) to develop a Feasibility Study (FS) and preliminary draft Cleanup Action Plan (dCAP)
for the Submerged Lands Area (SLA). The purpose of the FS is to evaluate a cleanup
alternative for the SLA. A final cleanup action will be chosen by State of Washington,
Department of Ecology (Ecology), which will be detailed in a Model Toxics Control Act
(MTCA) Cleanup Action Plan.
The Port shall coordinate with Ecology throughout the FS and shall keep Ecology informed
of changes to project plans, and of issues and problems as they develop.
The SOW is divided into six major tasks as follows:
Task 4. Feasibility Study Work Plan
Task 5. Field Investigation Data Report
Task 6. Feasibility Study
Task 7. SEPA Compliance
Task 8. Public Participation
Task 9. Preliminary Draft Cleanup Action Plan
TASK 4.

FEASIBILITY STUDY WORK PLAN

The Port shall prepare a Feasibility Study (FS) Work Plan (FS Work Plan). The FS Work
Plan shall include an overall description and schedule of all FS activities. The FS Work Plan
shall clearly describe the project management strategy for implementing and reporting on FS
activities. The responsibility and authority of all organizations and key personnel involved in
conducting the FS will be outlined.
A Key Project Meeting will be held prior to commencing work on drafting the FS Work Plan
- the Feasibility Study Planning Meeting. The purpose of this meeting is to review
requirements for the FS Work Plan and plan FS field work, discuss the preliminary
Conceptual Site Model, and identify other project data needs.
The FS Work Plan shall summarize key elements from the RI, in compliance with the
Sediment Cleanup User’s Manual II (SCUM II) –Guidance for Implementing the Cleanup
Provisions of the Sediment Management Standards, WAC 173-204, WAC 173-340-350, and
WAC 173-204-560. As part of the project background, existing environmental data on site
sediments presented in the RI will be evaluated for data gaps, including but not limited to,
metals, polycyclic aromatic hydrocarbons (PAHs), semi volatile organic compounds
(SVOCs), polychlorinated biphenyls (PCBs), discarded military munitions (DMMs),
munitions debris (MD), and munitions constituents (MCs). The data gaps will be used as the
basis for conducting additional site investigations, if necessary.
The FS Work Plan will also identify specific data collection procedures in a Sampling and
Analysis Plan (SAP) and Quality Assurance Project Plan (QAPP) as part of the FS Work Plan
in compliance with WAC 173-204, and WAC 173-340-820 for defining the nature and extent
1

Exhibit A – Scope of Work and Schedule

Terminal 91

of contamination. The Port will also submit a copy of the Health and Safety Plan (HASP) for
the project.
The SAP will identify the proposed number and location of all sediment samples, methods,
and depths, and will include a QAPP. The SAP will describe the sampling objectives, the
rationale for the sampling approach (based upon the identified data gaps), and plans for data
use, and shall provide a detailed description of sampling tasks. The SAP shall describe
specifications for sample identifiers; sampling equipment; the type, number, and location of
samples to be collected; the analyses to be performed; descriptions of sampling equipment
and methods to be used; sample documentation; sample containers, collection and handling;
data and records management; and schedule.
The QAPP will be prepared in accordance with the Guidance for Preparation of Quality
Assurance Project Plans, EPA Region 10, Quality Data Management Program, QA/R-5 and
requirements of the EPA Contract Laboratory Program. The QAPP will also follow Ecology’s
Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies (July
2004 – revised July 2016) 1 and the SCUM II. 2 Laboratories must meet the accreditation
standards established in WAC 173-50. In the event that these Guidance documents conflict,
the Port will consult with Ecology.
The SAP, including the QAPP, will be submitted to Ecology for review and approval. As
with all environmental work at the site, work may not begin without written approval from
Ecology. The plan shall provide seven (7) days’ notice to Ecology prior to beginning
sampling. Ecology may obtain split samples.
The Port will provide Ecology with an Agency Review Draft FS Work Plan. Once Ecology
reviews and approves the FS Work Plan, it will be considered the Final FS Work Plan. The
FS Work Plan shall not be implemented until approved by Ecology. Once approved by
Ecology, the Port will implement the Final FS Work Plan according to the Schedule in this
Exhibit.
The Port shall prepare two (2) copies of the Agency Review Draft FS Work Plan and submit
them, including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to
Ecology for review and comment. After the resolution of Ecology’s comments on the Agency
Review Draft FS Work Plan and after Ecology approval, the Port shall prepare three (3) copies
of the Final FS Work Plan and submit them, including one electronic copy each in Word
(.doc) and Adobe (.pdf) formats, to Ecology.
TASK 5.

T91 FIELD INVESTIGATION DATA REPORT

The Port shall conduct field sampling and analysis in general accordance with the SAP and
QAPP. Deviation(s) from the approved SAP and QAPP must be communicated by the Port
to Ecology promptly and documented as required by Ecology.
The Port shall prepare the T91 FS Field Investigation Data Report that describes the results
of all field sampling and analysis. The Port shall provide laboratory analysis data in electronic
format when it has been validated. Raw laboratory data will be provided to Ecology upon
request.
1

Found at https://fortress.wa.gov/ecy/publications/summarypages/0403030.html

2

Found at https://fortress.wa.gov/ecy/publications/documents/1209057.pdf

2

Exhibit A – Scope of Work and Schedule

Terminal 91

The Port or their contractors shall submit all new validated sampling data to Ecology’s
Environmental Information Management System (EIM) in accordance with WAC 173-340840(5) and Ecology’s Toxics Cleanup Program Policy 840: Data Submittal Requirements.
Validated data will be entered into the EIM database within 30 days of receipt by the Port or
their contractors.
The Port shall prepare two (2) copies of the T91 FS Field Investigation Data Report and
submit them, including one electronic copy each in Word (.doc) and Adobe (.pdf) formats, to
Ecology for review and comment. Electronic survey data for monitoring locations, electronic
lab data, and GIS maps of contaminant distribution shall also be provided either in the report
or as attachments. If the data collected during this investigation is insufficient to select a
cleanup action, the Port shall conduct an additional phase(s) of investigation to provide the
needed information.
TASK 6.

FEASIBILITY STUDY

Information obtained in the RI will be used to complete the FS consistent with WAC 173340-350(8) according to the Schedule. Prior to beginning the FS, a Key Project Meeting will
be held to review applicable or relevant and appropriate requirements (ARARs) and potential
remedial alternatives. Ecology comments on the Field Investigation Data Report will be
incorporated into the FS.
The Agency Review Draft FS Report will provide a detailed analysis of each remedial
alternative according to the applicable requirements of WAC 173-340-350. The remedial
alternatives will take into account the results of any interim action, and will be evaluated for
compliance with the applicable requirements of WAC 173-340-360 and WAC 173204-570. Surrogate regional background values will be incorporated into the FS to support
selection of cleanup levels and evaluation of remedial alternatives. The remedial alternative
that is judged to best satisfy the evaluation criteria will be identified and justified in the FS.
Two (2) copies of an Agency Review Draft FS will be submitted to Ecology for review and
comment, along with one electronic copy in Word (.docx) and Adobe (.pdf) formats.
After incorporating Ecology’s comments on the Agency Review Draft FS Report, three (3)
copies of a Public Review Draft FS Report will be submitted to Ecology for distribution and
public comment, along with one electronic copy in Word (.docx) and Adobe (.pdf) formats.
The FS Report will not be considered final until after the public review and comment period.
After that period, Ecology’s and the public’s comments will be incorporated into the Public
Review Draft FS Report. After Ecology approval, three (3) copies of the Final FS Report will
be prepared and submitted to Ecology along with one electronic copy in Word (.docx) and
Adobe (.pdf) formats.
TASK 7.

SEPA COMPLIANCE

A draft and final environmental checklist will be prepared and submitted. If the result of the
threshold determination is a determination of significance (DS), an agency review draft and
draft-final Environmental Impact Statements will be prepared. Assistance will be provided to
Ecology with coordinating SEPA public involvement requirements with MTCA public
involvement requirements whenever practicable, such that public comment periods and
meetings or hearings, as applicable, can be held concurrently.
3

Exhibit A – Scope of Work and Schedule
TASK 8.

Terminal 91

PUBLIC PARTICIPATION

If public meeting(s) or hearing(s) are requested, the Port shall support Ecology in presenting
the Investigation(s) results, Public Review Draft FS Report, and dCAP at a public meeting or
hearing. The Port also will assist Ecology with presentations at any additional meetings or
hearings that may be necessary for MTCA compliance, or as part of the Public Participation
Plan.
TASK 9.

PRELIMINARY DRAFT CLEANUP ACTION PLAN

Upon Ecology approval of the Public Review Draft FS Report, a Key Project Meeting will
be held to discuss the contents of the dCAP and to identify the preferred remedial alternative.
An Agency Review preliminary dCAP will be prepared in accordance with WAC 173-340380. The Agency Review preliminary dCAP will include a general description of the
proposed remedial actions, an inadvertent discovery plan, cleanup standards developed from
the RI/FS and rationale regarding their selection, a schedule for implementation, description
of any institutional controls proposed, and a summary of applicable local, state, and federal
laws pertinent to the proposed cleanup actions. Two (2) copies of the Agency Review
preliminary dCAP will be prepared and submitted to Ecology, along with one electronic copy
in Word (.docx) and Adobe (.pdf) formats, for Ecology review.

4

SCHEDULE
The schedule for completing the work described in the Agreed Order and the Scope of Work is
presented below. If the date for submission of any item or notification required by this Schedule
occurs on a weekend, state or federal holiday, the date for submission of that item or notification
is extended to the next business day following the weekend or holiday. Where a deliverable due
date is triggered by Ecology notification, comments or approval, the starting date for the period
shown is the date the Port received such notification, comments or approval by certified mail,
return receipt requested, unless otherwise noted below. Where triggered by Ecology receipt of a
deliverable, the starting date for the period shown is the date Ecology receives the deliverable by
certified mail, return receipt requested, or the date of Ecology signature on a hand-delivery form.

Due Datea

4.

Agency Review Draft
FS Work Plan issued

90 days after approval of Port/Contractor Service
Directive

4.

Final FS Work Plan
issued
Field work for FS
begins
FS field investigations
completed b

45 days after receipt of Ecology comments – document
is considered final upon Ecology’s written approval
30 days after Ecology’s approval of FS Work Plan

5.

T91 FS Field
Investigation Data
Report

60 days following completion of FS field investigations

6.

Agency Review Draft
FS Report issued
Public Review Draft FS
Report issued

90 days following submittal of T91 FS Field
Investigation Data Report
30 days after receipt of Ecology comments on the
Agency Review Draft FS Report. If additional iterations
of the draft document are deemed necessary by
Ecology, each iteration will be due 30 days after receipt
of Ecology comments.
90 days following approval of Feasibility Study

5.
5.

6.

9.

a

Task or Deliverable

Agency Review
preliminary Draft
Cleanup Action Plan
(DCAP)

150 days after Ecology’s approval of the Final FS Work
Plan

Due dates shown are for initial draft and final deliverables. This schedule assumes only a single revised document
will be submitted following receipt of comments from Ecology. Documents become final only upon approval by
Ecology.
b
Completed means the field requirements of the FS Work Plan have been satisfied.