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:
- 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.
- 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.
- 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.)
- The YRCAA has failed to employ a certified Spanish language translator as promised in the EPA ECRCO/YRCAA Non-Discrimination Plan.
- The YRCAA has failed to conduct annual civil rights training as promised in the EPA ECRCO/YRCAA Non-Discrimination Plan.
- 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.
- 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 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 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 2022.12.19 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 WA Health Disparities Map
ECRCO Rocky Top Ecology Tech Memo
ECRCO Rocky Top Ecology to Yakima Health District
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
|
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