Boeing and Seattle Spar Over $1 Billion Pricetag to Get PCBs, Heavy Metals Out of City’s Only River

Duwamish River People’s Park & Shoreline Habitat. Photo credit: Richard Droker/flickr

By Lulu Ramadan, The Seattle Times

ProPublica

Boeing has been dumping chemicals into the river for decades. In court papers accusing the aircraft manufacturer of trying to slough off its share of the cleanup bill, the Port of Seattle said the total cost could top $1 billion — more than double any estimate previously made public. Boeing is in negotiations over how to split the cost with the city, adjoining King County and the Port of Seattle, potentially leaving Seattle taxpayers on the hook.

In its early days as a major aircraft manufacturer, Boeing was remarkably open about toxic chemicals flowing from its factory into the neighboring Duwamish River, Seattle’s only river and a longtime source of food, tradition and culture for Indigenous people.

In fact, the company described the Duwamish River as “a natural collector for Boeing’s fluid wastes” in a 1950 magazine article Boeing produced for its employees.

Boeing said at the time that it had a handle on the situation — asserting, for example, that some of its most volatile waste would be neutralized by chemicals released by other polluters.

Today the waterway is among the nation’s most contaminated, a full-scale cleanup is scheduled to begin next year, and Boeing is deep in negotiations over how to split the cost with other leading landowners on the river: the city, adjoining King County and the Port of Seattle.

As with most negotiations conducted under the nation’s Superfund cleanup law, the parties agreed long ago to keep details of their talks secret. But a short-lived lawsuit, filed by the port last year and withdrawn in June, offered a glimpse of a staggering dollar figure that’s never been part of the public discussion.

In court papers accusing Boeing of trying to slough off its share of the cleanup bill, the port said the total cost could top $1 billion. The sum is more than double any estimate previously made public, and it would make the Duwamish one of the nation’s costliest cleanups on record. Government websites still put the cost at about $340 million.

The dollar amounts alluded to in the 2022 lawsuit point to a high-stakes and largely hidden deliberation between the region’s biggest government players and a major company born in Seattle more than a century ago.

Whatever the parties agree to, taxpayers may never know whether the cost split was fair because how the decision was reached is intended to remain secret.

This month, in response to questions from The Seattle Times and ProPublica, Boeing said it was the port that was refusing to do its part.

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Boeing declined to comment on the private negotiations or disclose the exact amount it agreed to pay, but it said that the company expects to spend “hundreds of millions of additional dollars.”

This summer, Boeing joined with the city and county in issuing a separate statement saying the lawsuit’s allegations do not affect their “ongoing and lasting commitment to restoring the water quality of the Lower Duwamish for people, salmon, and orcas.”

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The port continues to claim, as it did in its lawsuit against Boeing, that negotiations could saddle taxpayers with “tens of millions of dollars” in costs for which the company is liable.

Meanwhile, people who have waited for the Duwamish to be restored say they worry about the lack of information available to the public.

Local government agencies and Boeing have spent more than $200 million cleaning up “early action” sites in the Duwamish Superfund area since 2001. A full-scale cleanup is scheduled to begin next year. The Port of Seattle says it could cost $1 billion, which would make it one of the nation’s costliest Superfund cleanups.

Two centuries ago, as white settlers began to develop the land, Native tribes successfully negotiated for their fishing rights on the Duwamish River to preserve a cultural touchpoint and vital food source.

The city of Seattle eventually recognized the river’s value as a pathway for transporting cargo. It scraped away the winding river’s marshy banks, straightened its natural bends and dredged its floor.

What was once a complex ecosystem of mudflats, native plants and spawning fish became a sprawling industrial corridor.

Boeing found a home along the Duwamish in 1916, launching an operation from an abandoned shipyard where it built seaplanes. In the 1930s, the company developed the nation’s first four-engine bomber and the federal government eventually ordered about 7,000 B-17s over the course of World War II. By the end of the war, Boeing’s plant along the Duwamish expanded to nearly 1.7 million square feet.

It ultimately became one of the largest landowners in the industrial district, but publicly owned facilities also contributed toxins: water runoff tainted with chemicals from the city’s steam plant, pollution from the port’s cargo terminals and unfettered sewage dumped from King County’s wastewater system.

The river is now contaminated with heavy metals and cancer-causing chemicals, including polychlorinated biphenyls (PCBs) and polyaromatic hydrocarbons (PAHs).

Along the river now are large health advisory signs warning the public not to eat bottom-feeding fish and to limit consumption of certain salmon, a warning system King County calls “Fun to Fish, Toxic to Eat.”

Even direct contact with river mud is a risk, the state health department warns. Tribal fishing, protected by an 1855 federal treaty, continues along the river despite declining fish populations and public health warnings.

Some of these contaminants can be traced to Boeing’s plants along the river, which is why the federal government has named it as one of the major responsible parties.

Boeing’s 1950 magazine article, brought to light in the port’s lawsuit, described its efforts to curb pollution, but the company openly acknowledged that “any unrestrained liquid emptied on the Boeing premises is bound sooner or later to get into the Duwamish.”

Tracy Collier, a toxicologist who worked at the National Oceanic and Atmospheric Administration’s (NOAA) Northwest Fisheries Science Center for three decades and who read the magazine article at The Times’ request, said that it makes legitimate scientific arguments about how pollutants can be diluted and neutralized, but that it’s impossible to tell from the description alone whether Boeing successfully reduced the amount of contamination.

It’s also important to note, Collier said, that some contaminants now found in high concentrations in the river weren’t on the radar 70 years ago. Boeing is one of the parties known to have contributed PCBs, for example, according to the State of Washington’s Department of Ecology.

“We didn’t know in 1950 that PCBs were going to be persistent and as toxic as they are,” Collier said. The chemical wasn’t banned by the U.S. Environmental Protection Agency (EPA) until the 1970s.

Boeing said in a statement that its article described disposal practices that were the industry standard at the time. The company added that it proactively took the steps described in the article before federal and state environmental laws took effect.

In early 2000, a survey by the EPA revealed that the river was eligible for Superfund designation, meaning it was one of the most polluted sites in the country.

The Superfund, created by Congress in 1980, was meant to address the nation’s legacy of toxic industrial waste by establishing a process to pay for cleanups. It was also known to result in costly legal battles. The port, city, county and Boeing hoped to divvy up the tab and clean the river without triggering the Superfund process.

“They were worried about the stigma it would cast on the city, and some believed that they could clean the river up faster and better without EPA dogging their efforts,” BJ Cummings, community engagement manager for the University of Washington’s Superfund Research Program, wrote in her book “The River That Made Seattle,” which details the Duwamish’s history.

However federal environmental regulators needed to sign off. They wanted an agreement that would allow them to go after polluters for damage up to three years after completion of the cleanup, just as they could under the Superfund.

Boeing would not agree. The company told a Times reporter in 2000 that it caused only a small part of the pollution and was worried that it would be stuck with a big share of the cleanup.

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Via https://childrenshealthdefense.org/defender/duwamish-river-seattle-boeing-toxic-chemical-dumping/