Friends of Toppenish Creek

“It's not a health issue” – Just hydrogen sulfide in your water

     Once again, in this summer of 2023, people in Mabton, WA draw water from their faucets that is undrinkable. The costs to families are high. But the WA State Dept. of Health (DOH) says there is no health risk. It is only hydrogen sulfide. Continue HERE

Document 1  CUP Application 2015

Document 2  SEPA 2015

Document 3  Comments from Ecology

Document 4  Determination of Significance 2015

Document 5  Comments from Western Environmental Law Center

Document 6  CUP Application 2016 

Document 7  Mitigated Determination of Non Significance 2017


 

 


On March 6, 2023 The Friends of Toppenish Creek filed a new complaint with the EPA External Civil Rights Compliance Office regarding failure of the Yakima Regional Clean Air Agency to provide services in south Yakima County that are comparable to services provided in the north.

Dear EPA External Civil Rights Compliance Office,

     This is a complaint from the Friends of Toppenish Creek (FOTC) against the Yakima Regional Clean Air Agency (YRCAA), a municipal corporation in Washington State, charged with implementation of the Clean Air Act in Yakima County. The YRCAA receives funding directly from the Environmental Protection Agency, as well as pass through monies from the WA State Dept. of Ecology (Ecology).

     Yakima County is divided by an east west stretch of foot hills – Ahtanum Ridge and the Rattlesnake Hills. In Yakima County about 170,000 people live to the north of these hills and about 85,000 live to the south. About 33% of the northern residents are people of color and about 80% of the south residents are people of color. In this letter FOTC will show that the YRCAA provides a higher level of services to the northern population and does not adequately engage those with Limited English Proficiency (LEP) who predominantly live in the south.

     Why does this matter? Because language is important. If people from the YRCAA spend any time in south Yakima County, they know that a great deal of conversation takes place in Spanish.  When people in south Yakima County talk about odor in the ambient air, they do so in their native tongue. When they try to inform the YRCAA that “el aire está mal” the YRCAA staff respond to their concerns with unsupported phrases such as “that is part of living in the country” or “we are prohibited from regulating farm odors”, and that is the end of the discussion. This dismissive attitude further separates the LEP population from participation in public processes that English speakers take for granted.

      When the YRCAA does not effectively engage people in Yakima County whose primary language is Spanish, misinterpretation and misinformation multiply. Regulation of air quality is too important to be conducted at a first grade level of conversation.

Sincerely,

Friends of Toppenish Creek


To read the entire complaint click HERE

To read attachments to the complaint click on links below:

Attachment 1 Selection of YRCAA Board Member

Attachment 2 YRCAA January 2023 Board Packet 

Attachment 3 DTG 2021 Annual Methane Report I

Attachment 4 DTG 2021 Annual Methane Report II

Attachment 5 News on Yakima Landfillf

Attachment 6 Public Records Request re DTG & Rocky Top

Attachment 7 Arguments for Dissolving YRCAA

Attachment 8 Application for RNG Construction Permit

Attachment 9 Conditional Use Application for RNG Facility

Attachment 10 Request for RNG Discussion I

Attachment 11 Request for RNG Discussion II

Attachment 12 Letter from U.S. Senate re Bio Digesters

Attachment 13 PRR Ozone

Attachment 14 YRCAA February 2023 Board Packet

Attachment 15 Request to meet with YRCAA re LEP

Attachment 16 Letter to Ecology re RNG

Attachment 17 PRR Laws re Agricultural Air Pollution

Attachment 18 Letter to YRCAA re Ozone

Attachment 19 Appeal to ECRCO to re-open case with YRCAA

Attachment 20 Dear Chairman DeVaney re Open Public Meetings

Attachment 21 Dear Chairman DeVaney re Special Meeting

 


On February 6, 2023 The Friends of Toppenish Creek asked the EPA External Civil Rights Compliance Office to re-open our complaint about the failure of the Yakima Regional Clean Air Agency to engage people with Limited English Proficiency. Our letter began:

Dear EPA ECRCO:

     This is a request from the Friends of Toppenish Creek (FOTC) to the Environmental Protection Agency (EPA) External Civil Rights Compliance Office (ECRCO) to re-open EPA Complaint No. 34RNO-16-R10 regarding the Yakima Regional Clean Air Agency (YRCAA). Salient reasons for this request are:

  1. The YRCAA has kept information from the Limited English Proficiency (LEP) community that would allow this group to nominate a Spanish speaking South Yakima County resident to the YRCAA Board of Directors.
  2. The YRCAA does not provide information to the LEP community that is necessary for participation in important decision making. There are upcoming policy decisions that will have long lasting impacts on Yakima County.
  3. The YRCAA ignores WA State laws. (This may not fall within ECRCO’s ability to address, but we include the evidence to demonstrate the YRCAA’s disregard for the law.)
  4. The YRCAA has failed to employ a certified Spanish language translator as promised in the EPA ECRCO/YRCAA Non-Discrimination Plan.
  5. The YRCAA has failed to conduct annual civil rights training as promised in the EPA ECRCO/YRCAA Non-Discrimination Plan.
  6. The YRCAA does not translate educational and legal documents that members of the LEP community are likely to encounter during routine interactions with the agency.
  7. The YRCAA takes air samples and investigates complaints from more affluent English speaking parts of the county but does not do this for parts of Yakima County with higher percentages of LEP residents.

To read more click HERE

Supporting Materials for FOTC Civil Rights complaint to the EPA External Civil Rights Compliance Office (ECRCO)

ECRCO 2020.8.24 PRR YRCAA Staff Training in Non-Discrimination

ECRCO 2021.5.12 Arguments for Dissolving the Yakima Regional Clean Air Agency

ECRCO 2021.7.22 YRCAA Ostrom's Mushrooms

ECRCO 2022.4.27 SS RNG Construction Application

ECRCO 2022.5.28 Email re Open Public Meetings Act (OPMA)

ECRCO 2022.5.28 Letter to YRCAA re OPMA/APCO

ECRCO 2022.6.2 Email from WA Attorney General re OPMA

ECRCO 2022.6.4 Email re YRCAA Budget

ECRCO 2022.6.6 Letter from Attorney Gary Cuillier

ECRCO 2022.6.7 Email re Non-Attainment

ECRCO 2022.6.7 Email to YRCAA re Budget

ECRCO 2022.6.7 Email to YRCAA re Non-Attainment

ECRCO 2022.6.7 Email to YRCAA re Budget

ECRCO 2022.6.8 Email to YRCAA re Air Pollution Control Officer (APCO) Interviews

ECRCO 2022.6.8 Letter to YRCAA re OPMA/APCO Interviews

ECRCO 2022.6.14 Public Records Request (PRR) re Health Risks

ECRCO 2022.6.15 PRR re Air Pollutants 

ECRCO 2022.6.15 PRR re Criteria Air Pollutants

ECRCO 2022.6.19 Email re Sunshine Laws

ECRCO 2022.6.19 Letter to YRCAA re Sunshine Laws

ECRCO 2022.7.14 Email re YRCAA Special Meeting

ECRCO 2022.8.24 Email with Letter of Concern

ECRCO 2022.8.24 Letter of Concern re OPMA

ECRCO 2022.9.12 Email re Environmental Justice (EJ)

ECRCO 2022.9.12 Letter re EJ and APCO Selection

ECRCO 2022.10.6 Message to YRCAA Board

ECRCO 2022.10.10 Email re EJ

ECRCO 2022.10.10 Climate Commitment Act and HEAL Act Concerns

ECRCO 2022.11 Message to the YRCAA Board of Directors, November Board Meeting

ECRCO 2022.11.4 Email re RNG November

ECRCO 2022.11.12 Email to Mayors re YRCAA Board Meeting attendance

ECRCO 2022.11.28 PRR re Certified Interpreters

ECRCO 2022.11.28 PRR re DeRuyter Digester

ECRCO 2022.11.28 PRR re Rocky Top

ECRCO 2022.11.29 Civil Rights

ECRCO 2022.11.29 Civil Rights Email I

ECRCO 2022.11.29 Email to Yakima County re RNG

ECRCO 2022.11.30 Email to YRCAA re candidacy for Board Member at Large position

ECRCO 2022.12.5 Letter to WA Ecology re RNG

ECRCO 2022.12.13 Civil Rights Email II

ECRCO 2022.12.14 YRCAA Ozone

ECRCO 2022.12.19 PRR Agriculture Laws

ECRCO 2022.12.21 PRR Major Sources

ECRCO 2022.12.28 PRR re Non-Discrimination

ECRCO 2023.1.15 Civil Rights Email III

ECRCO Ammonia Levels in Yakima County

ECRCO Analysis of the YRCAA Website

ECRCO Descriptive Analysis of YRCAA Response to Citizen Complaints

ECRCO Maps from EPA EJ Screen

ECRCO Maps from WA Health Disparities Map

ECRCO Rocky Top Ecology Tech Memo

ECRCO Rocky Top Ecology to Yakima Health District

ECRCO Rocky Top YHD Letter

ECRCO Yakima Herald Republic - Landfills

ECRCO Listing of Businesses registered with the YRCAA

ECRCO YRCAA Activities Reports 2020 to 2022

ECRCO YRCAA Administrative Code Part A

ECRCO YRCAA Administrative Code Part B

ECRCO YRCAA Admininstrative Code Part C

ECRCO YRCAA Budget Comparisons 2020 to 2022

ECRCO September 2022 Complete Board Packet

ECRCO October 2022 Complete Board Packet

ECRCO November 2022 Complete Board Packet

ECRCO December 2022 Complete Board Packet

ECRCO January 2023 Complete Board Packet

ECRCO February 2023 Complete Board Packet


 


Public Health Services by County for Washington State

https://doh.wa.gov/sites/default/files/legacy/Documents/1000/SystemsTransformation/BARS/2019BARSReport.pdf?uid=6337cfd5d19b4

County

 

Expenditures per Capita

 

County

 

Expenditures per Capita

               

Adams

 

$37.06

   

Jefferson

 

$152.54

Asotin

 

$27.09

   

San Juan

 

$116.53

Benton-Franklin

$35.46

   

Garfield

 

$115.42

Chelan Douglas

$34.47

   

Seattle-King

$112.50

Clallam

 

$45.73

   

Columbia

 

$102.83

Clark

 

$27.09

   

Wahkiakum

 

$67.37

Columbia

 

$102.83

   

Spokane

 

$59.78

Cowlitz

 

$23.76

   

Lincoln

 

$49.53

Garfield

 

$115.42

   

Clallam

 

$45.73

Grant

 

$23.41

   

Klickitat

 

$44.66

Grays Harbor

$43.96

   

Grays Harbor

$43.96

Island

 

$23.57

   

Kitsap

 

$43.79

Jefferson

 

$152.54

   

Whatcom

 

$41.30

Kitsap

 

$43.79

   

Thurston

 

$40.29

Kittitas

 

$39.94

   

Kittitas

 

$39.94

Klickitat

 

$44.66

   

Adams

 

$37.06

Lewis

 

$35.75

   

Lewis

 

$35.75

Lincoln

 

$49.53

   

Benton-Franklin

$35.46

Mason

 

$28.26

   

Pacific

 

$35.05

Northeast Tri

$30.50

   

Skamania

 

$34.62

Okanogan

 

$21.34

   

Chelan Douglas

$34.47

Pacific

 

$35.05

   

Tacoma Pierce

$33.68

San Juan

 

$116.53

   

Northeast Tri

$30.5

Seattle-King

$112.50

   

Walla Walla

 

$29.34

Skagit

 

$28.22

   

Mason

 

$28.26

Skamania

 

$34.62

   

Skagit

 

$28.22

Snohomish

 

$19.89

   

Asotin

 

$27.09

Spokane

 

$59.58

 

 

Clark

 

$27.09

Tacoma Pierce

$33.68

   

Cowlitz

 

$23.76

Thurston

 

$40.29

   

Island

 

$23.57

Wahkiakum

 

$67.37

   

Grant

 

$23.41

Walla Walla

 

$29.34

   

Okanogan

 

$21.34

Whatcom

 

$41.3

   

Snohomish

 

$19.89

Whitman

 

$18.79

   

Whitman

 

$18.79

Yakima

 

$16.03

   

Yakima

 

$16.03


To read more click HERE

To read the Astria Health Needs Assessment for the Lower Yakima Valley click HERE

 



In June of 2021, 157 people out of every 100,000 had died from COVID 19 in the Upper Yakima County and 200 people out of every 100,000 had died in the Lower Yakima County

 

 


     Through a public records request, the Friends of Toppenish Creek received data from the WA State Dept. of Health regarding incidence rates and death rates from COVID 19 by zip code in Yakima County. To see that data and read FOTC analysis click here.



 


See a School Bus Disappear in a Cloud of Dairy Dust

To read a petition from neighbors regarding manure on the roads and air pollution click Here

 


 

For Years of Service in the Cause of Water in Washington State

August 2014 - Center for Environmental Law & Policy Conference, Roslyn WA

Presentation of a Pendleton Blanket to Rachael Paschal Osborne by Wendell Hannigan of the Yakama Nation

D.R. Michel from the Upper Columbia United Tribes drapes the Blanket

 

 

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