The BP Cherry Point Dock environmental impact statement — an environmental study regarding use of the refinery’s North Wing Dock that began more than 15 years ago — was released earlier this month, evaluating the environmental impacts of using the terminal.
The study, commissioned under orders from the United States 9th Circuit Court of Appeals in 2005, was completed by the United States Army Corps of Engineers (USACE), and released Aug. 12. It was deemed necessary because use of the North Wing “could significantly affect the quality of the human environment,” according to the report.
Throughout the 700-plus page report, USACE hoped to answer questions regarding environmental impact, marine traffic, local tribe and treaty rights and the Magnuson Amendment, a 1970s-era amendment prohibiting new oil terminals or expansion of existing terminals in Puget Sound.
The report evaluated three options regarding future use of the terminal, including revoking the permit, allowing the permit to continue as is, and modifying the permits to comply with legal requirements.
Typically, environmental impact statements (EIS) come before permits are issued, but this EIS was mandated after.
“This environmental impact statement is unusual in that it’s an after-the-fact,” said Daniel Krenz, a regulatory project manager at USACE. “The structure has already been constructed. Normally, we would go through this process of the EIS during the permit application review … but in this case, this was directed by the Ninth Circuit.”
The timeline of the released statement, too, is unusual, as the project was initiated more than 15 years ago.
“Our goal is certainly to do the [EIS] faster,” Krenz said. “We didn’t release the draft EIS until 2014, and those eight years were largely due to the vessel traffic studies that were conducted during that time.”
In the years since, several other studies have been conducted, including an Endangered Species Act consultation, which was completed in September 2021, Krenz said.
There are still several steps USACE needs to complete prior to the release of the Record of Decision, a final decision regarding permits and summarizing the massive EIS report. It will be released after Sept. 12.
“We have a few more steps to complete because of the unique nature of this project,” Krenz said. “The two other big milestones that will have to be completed before we can issue a Record of Decision will be the Magnuson Amendment determination … and ongoing tribal consultation.”
Several local tribes have raised concerns about treaty rights, though the USACE is currently consulting with the Suquamish Tribe, the Swinomish Indian Tribal Community and the Tulalip Tribes regarding tribal fishing rights, according to the final EIS.
“Our goal was to try to complete work this year,” Krenz said. “But, it will depend on exactly what’s happening in those discussions.”
