Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
10a
ACTION ITEM
Date of Meeting
March 8, 2022
DATE : March 8, 2022
TO: Stephen P. Metruck, Executive Director
FROM: Sarah Cox, Senior Manager, AV Environment & Sustainability
Megan King, Senior Program Manager, AV Environment & Sustainability
SUBJECT: Contract to Provide Consulting Services for PFAS Investigation and Remediation
Support
Amount of this request:
$10,000,000
ACTION REQUESTED
Request Commission authorization for the Executive Director to advertise and award a
Professional Services Contract to provide investigation, remediation, and strategic support to
address per- and polyfluoroalkyl substances (PFAS) on Port of Seattle (Port) properties and
facilities.
EXECUTIVE SUMMARY
This contract will provide consulting support for investigations, assessments, remediation
actions, and firefighting foam transition tasks associated with the presence of an emerging
chemical group, Per- and Polyfluoroalkyl Substances (PFAS), at Port facilities. The Federal Aviation
Administration (FAA) requires the use of PFAS- containing firefighting foam, known as aqueous
film-forming foam (AFFF) for airport certification. Environmental impacts may be associated with
historical use and release of AFFF. New PFAS regulations are in development at both the state
and federal levels. Sufficient data has been collected to date to indicate actions may be required
for compliance with new state and/or federal regulations following their finalization. This
contract is required to provide Port Environmental staff with resources to address these
forthcoming regulations. Funding is expected to be provided through a combination of options.
Due to the number of unknowns around regulation and contamination extent, the long-term
costs associated with investigation and cleanup cannot yet be reasonably estimated. This
authorization will provide the contracting authority for up to $10,000,000 however the Port is
under no obligation to spend the authorized funds. Work will be scoped, negotiated, and funded
as it becomes known, on a Service Directive basis. Environmental Remediation Liabilities are
anticipated to be triggered in the next few years following an obligating event, such as a cleanup
order from the Washington State Department of Ecology.
COMMISSION AGENDA – Action Item No. 10a Page 2 of 7
Meeting Date: March 8, 2022
Template revised June 27, 2019 (Diversity in Contracting).
JUSTIFICATION
PFAS are a group of man-made chemicals that have been in use in industrial and commercial
products since the 1940s. PFAS are often referred to as “forever chemicals” because they break
down very slowly, if at all. One product known to contain PFAS is aqueous film-forming foam
(AFFF). AFFF is used for firefighting, primarily to extinguish fuel-based fires. All AFFFs contain
PFAS. The Federal Aviation Administration (FAA) requires certified airports to use AFFF for
firefighting (the Department of Defense (DOD) similarly requires use of AFFF at military
installations). Over the past few years, AFFF at airports and military bases has been identified as
the source of soil and/or groundwater contamination in communities near airports and military
bases throughout the United States.
Over the past few years, regulatory agencies at the state and federal level have progressed with
planning and rulemaking to address PFAS. Although progress is being made, there are still few
states with laws in place, and there are no current federal standards or regulation of PFAS.
Additionally, the FAA and DOD still require use of AFFF, and do not allow for use of fluorine-free
foams that do not contain PFAS. In 2021, the US Environmental Protection Agency (EPA) released
their PFAS Strategic Roadmap, which outlines the ‘whole-of-agency’ approach to address PFAS.
This document includes their strategic plan for regulation of PFAS from manufacture, to use in
products, to cleanup. Similarly, in 2021, the State of Washington Department of Ecology (Ecology)
finalized a PFAS Chemical Action Plan, outlining the State’s proposed plan for elimination of PFAS
from commercial products, and regulation of PFAS in the environment. The FAA and DOD are in
the process of revising their regulations to allow for use of fluorine-free firefighting foam
alternatives to AFFF that do not contain PFAS. These revisions are expected in 2023.
The EPA has initiated the process to designate two PFAS chemicals (PFOS and PFOA) as hazardous
substances under the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA), also known as the Superfund law. This designation could be complete as early
as late 2022. EPA has also initiated multiple regulation changes to the Clean Water Act, National
Pollution Discharge Elimination System (NPDES), and others that will directly impact
environmental permits, and compliance at SEA. The State set acceptable levels of PFAS in drinking
water in 2021. These criteria set the stage for Ecology to develop cleanup standards for regulation
and cleanup of PFAS chemicals under the state’s Model Toxics Control Act (MTCA). Although
these regulations and cleanup standards are not yet in place, it is important for SEA to remain
proactive in the characterization of PFAS at SEA. Continued PFAS characterization will also assist
capital project teams in their efforts to identify PFAS contaminated soils within project footprints
and will assist assessment of environmental projects such as stormwater infiltration siting and
permitting of backup emergency drinking water wells.
Since 2018, the Aviation Environment & Sustainability team has been conducting preliminary
sampling of the soil and groundwater at SEA to confirm the presence or absence of PFAS in the
environment, starting with the areas of greatest potential for exposure: areas with the potential
for groundwater to migrate away from the airport, and into surrounding communities. These
priority areas include the Airport Fire Station, the Fuel Farm, the Former Fire Training Area
COMMISSION AGENDA – Action Item No. 10a Page 3 of 7
Meeting Date: March 8, 2022
Template revised June 27, 2019 (Diversity in Contracting).
located in the southern portion of the airfield, and the Industrial Wastewater Treatment Plant.
These investigations and sampling have confirmed the presence of PFAS in soil and groundwater
at SEA, however based on the data collected, the investigations have also determined that there
are currently no known risks of exposure to the surrounding community.
Since PFAS has been detected in soil and groundwater, Site listing under MTCA is anticipated. The
initial phases of site identification, investigation, and remedy feasibility assessment that is likely
to be required for compliance with MTCA is on average, a 5–7 year process. Given this, the initial
contract term has been set for 5-years. If the process requires additional time due to site
complexity, agency coordination, or a delay in regulation development, the contract may be
extended for additional years, to meet the needs of the Port. Similarly, follow-on phases of work
in the MTCA process, such as development of a cleanup action plan, and conceptual engineering
design may be authorized by the Port under this contract. A typical Cleanup Action Plan and
Engineering Design process under MTCA can require on average 2–4 years. With the unknowns
in the timeframe for regulation development, and the duration of the MTCA process to address
PFAS, the initial contract duration of 5 years, with option to extend additional years as desired by
the Port was selected. The Contracting mechanism of a Project-specific Professional Services
Contract was selected over an Indefinite Delivery/Indefinite Quantity (IDIQ) contract structure to
allow for greater flexibility in duration, as an IDIQ contract requires a fixed timeframe. To ensure
the Port’s expectations are met for consultant performance over time, and throughout the
project, work will be scoped and funded on a service directive basis, as work is determined
necessary. This provides the Port an opportunity to review, assess, and negotiate both scope and
expense throughout the lifetime of the contract. Additionally, the contract allows for termination
by the Port at any time, should Port expectations not be met.
This contract will provide Port Environmental staff with technical resources to assess and respond
to forthcoming regulations. It will also provide the vehicle for the Port to be one of the first
airports in the United States to transition away from AFFF to a fluorine-free alternative and
address any environmental impacts in an expedited fashion. This is in direct alignment with the
Century Agenda goal to be the greenest Port in North America. To be prepared to transition away
from PFAS-containing firefighting foam as soon as allowed by FAA certification requirements,
planning the transition process must begin in earnest now. Additionally, with the speed of federal
and state regulation development underway, our ability to respond quickly to new regulations
and initiate site remediation programs is significantly supported by implementation of this
contract. Port representatives are participating in multiple national working groups and advisory
panels to ensure that our actions remain consistent with progress being made at other national
airports and organizations and help to guide progress at a national level.
COMMISSION AGENDA – Action Item No. 10a Page 4 of 7
Meeting Date: March 8, 2022
Template revised June 27, 2019 (Diversity in Contracting).
Diversity in Contracting
The breadth of environmental services included in this contract, from strategic planning to
remediation investigation and design, will provide strong opportunities for women- and minority-
owned business enterprise (WMBE) participation. The contract includes an 18% aspirational goal
for WMBE participation, and Inclusion Plans will be a key component of candidate screening and
evaluation.
DETAILS
As described in the previous section, preliminary steps have been taken to understand potential
risks to human health and the environment at identified locations of past and current AFFF use
and storage. These preliminary investigations confirmed there is no known immediate risk to
human health or the environment; however, PFAS is present in soil and groundwater in select
areas. The general scope of work anticipated to be conducted in response to these preliminary
findings under this contract is listed below.
The requested action is primarily for Aviation Division as there is a known demand for this service
at the SEA. At this time, Maritime does not anticipate a need for support services, however, to
provide flexibility, Maritime has been identified as a potential user. The total request is for
contracting authority up to $10,000,000. Expenditure of this contracting authority will be
approved annually as part of the operating expense budget, or Environmental Remediation
Liabilities. The initial contract period will be 5 years, with an anticipated 5-year option to extend,
based on the schedule, and needs of the Port over time.
Scope of Work
Scope will be managed by the Port through development of Service Directives as required actions
are determined. The work anticipated to be conducted under this contract is categorized into the
following major activities:
(1) Contaminated Site Investigation and Remediation
a. Support for the Site listing process with the State (development of the Agreed
Order site definition, findings of fact, scope of work, and schedule)
b. Determination of the nature and extent of contamination (Remedial
Investigation)
c. Evaluation of options for cleanup (Feasibility Study, Cleanup Action Plan)
d. Development of plans for the cleanup (Engineering Design Report, Contract
Documents)
e. Agency negotiation and communication in support of the above activities
f. Development of reports associated with the above activities
(2) Airport Operations and Capital Projects Support Services
a. Waste disposal coordination and planning
b. AFFF inventorying and reporting to the State as required by new regulation
c. Support with planning and strategy for construction projects that may
encounter PFAS-impacted areas
COMMISSION AGENDA – Action Item No. 10a Page 5 of 7
Meeting Date: March 8, 2022
Template revised June 27, 2019 (Diversity in Contracting).
d. Evaluation of worker safety policies, procedures, and practices related to PFAS
exposure
(3) AFFF Transition Planning
a. Evaluation of alternative foam options
b. Assessment of cost and compatibility of alternative foam options
c. Development of cleaning procedures and criteria for systems to be cleaned and
reused
d. Support for strategic planning for timing and sequence of foam transition at Port
and Tenant facilities
Schedule
Although many regulatory drivers are not yet promulgated, there are a few regulations that are
known, and they affect the schedule for completion of the Scope of Work. Known and anticipated
regulatory drivers are listed below, with anticipated milestones shown in italics:
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3/10/2022
Contract Kick-off
June 2022
Cleanup Level development by the State, initiating process for Cleanup Site
Identification
3-4Q 2022
Commission authorization for Agreed Order with State for Contaminated Site
Investigation and Remediation
1Q 2023
Cleanup Process: Investigation & Remediation (multiple points of
Commission authorization)
2023 - 2032
Airport Operations and Capital Projects Support
2022 – 2032
AFFF alternatives evaluations
2022-2023
AFFF transition at Fire Department
2023
AFFF transition at Fuel Farm
2024
AFFF transition at Tenant facilities
2024-2026
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Wait Until Regulations Are in Place to Contract Support Services
For this alternative, monitoring of regulation development, and planning for AFFF transition
would be conducted by internal Port Staff.
Cost Implications: Potential delay in spending but would not eliminate or reduce overall costs.
Pros:
(1) Avoids need to contract with outside services at this time.
(2) Allows SEA to ‘wait and see,’ and follow the lead of other commercial airports with AFFF
transition
COMMISSION AGENDA – Action Item No. 10a Page 6 of 7
Meeting Date: March 8, 2022
Template revised June 27, 2019 (Diversity in Contracting).
Cons:
(1) Does not allow AFFF transition to fluorine-free products to occur as soon as allowed by
the FAA (would require a pause for contracting and planning following the anticipated
FAA approval for alternative foams).
(2) Does not support Century Agenda Goals 4, 5, and 6 for SEA to be the greenest port in
North America, to become a model for equity, diversity and inclusion or to be a highly
effective public agency fostering an environment of leadership. Alternative 1 does not
allow SEA to be an early adopter of PFAS-elimination from commercial airports, utilizing
expertise of environmental professionals from WMBE/DBE businesses, or advancing the
Port’s dedication to employee safety.
(3) Does not allow for collection of sufficient environmental data for the Port to proactively
lead site definition conversations with Ecology and would instead put the Port in a
reactive/responsive role to regulators.
This is not the recommended alternative.
Alternative 2 – Contract PFAS Support Services Now
For this alternative, consulting services would provide Port staff with support to the scope bullets
listed above, beginning in 2022.
Cost Implications: Scope will be authorized through Service Directives and budgeted as expense
items in the Aviation Environment & Sustainability budget, until the ERL process is triggered by
an obligating event (cleanup order, legal action, or permit violation).
Pros:
(1) Supports Century Agenda Goals 4, 5, and 6 by allowing SEA to be an early adopter of PFAS-
elimination from commercial airports, utilizing expertise of environmental professionals
from WMBE/DBE businesses, and advancing the Port’s dedication to employee safety.
(2) Allows for collection of sufficient environmental data for the Port to proactively lead site
definition conversations with Ecology, putting the Port in a driving role in conversations
with regulators.
(3) Provides an efficient, cost-effective program to address PFAS at multiple areas across Port
facilities.
(4) Provides needed professional expertise and support to Port staff.
(5) Provides access to industry expertise for PFAS-related issues to multiple Port divisions
including Environment & Sustainability, Fire Department, Health & Safety, Operations,
and others.
(6) Allows the Port to make progress on PFAS-related projects as regulations evolve and are
finalized, to be an industry leader.
Cons:
(1) Since the full scope of work is not yet determined, the total costs cannot be fully
determined. Future modifications or amendments to the contract may be required as
regulations and the subsequent project scope are finalized.
This is the recommended alternative.
COMMISSION AGENDA – Action Item No. 10a Page 7 of 7
Meeting Date: March 8, 2022
Template revised June 27, 2019 (Diversity in Contracting).
FINANCIAL IMPLICATIONS
Annual Budget Status and Source of Funds
The annual costs associated with this contract will be included in the Aviation Division operating
budget. The funding source will be the Airport Development Fund. Environmental Remediation
Liabilities are anticipated to be triggered in the next few years following an obligating event, such
as a cleanup order from the Washington State Department of Ecology. Environmental
Remediation Liabilities are not currently required. For 2022, $60,000 was approved for this
contract in the Aviation Environment & Sustainability annual operating budget for ongoing
preliminary monitoring activities. Scope and budget are expected to increase following
finalization of state and federal regulations expected in the next few years.
ATTACHMENTS TO THIS REQUEST
(1) Presentation slides
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
None