• RNA Comments on EPA Draft Title VI Supplement

    July 19, 2012 Author: admin
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    On July 17, 2012, Rosemere Neighborhood Association submitted a public comments letter to EPA Administrator Lisa Jackson on EPA’s Draft Supplement: Advancing Environmental Justice Through Title VI of the Civil Rights Act

     
     

    The public comments letter in part includes:

    Despite Rosemere’s lawsuit and the subsequent national debate of the failures of the OCR, and despite your continued promises for EPA to increase efficiency in that office to make Environmental Justice a national priority, the OCR continues to fail in its intake and investigation guidelines in regard to Title VI complaints. To date, the EPA has ignored Rosemere’s various requests to meet with you and to voice our concerns and share our experiences in order to offer suggestions to improve OCR’s operations. And to date, only one case has ever attained a ruling of discrimination in support of Title VI claims [Angelita C. v. California Department of Pesticide Regulations] and it took more than ten years to achieve that result. Most cases are dismissed outright, claiming jurisdictional issues or other bureaucratic problems. Many groups across the country wonder why the OCR functions under such a dismal record, and this points succinctly to how OCR is disconnected from the disparate impacts that can be suffered by Environmental Justice populations nationwide.

    Environmental Justice Enforcement is a very important tool that should be used to address discrimination that can cause adverse health impacts and environmental harm to neighborhoods where low income and minorities live and work. Whereas we appreciate the Title VI Supplement’s attempt to begin to fine tune the various agency failures, we feel that the timelines are vague and deficient and that they need to be more detailed to ensure future compliance success. We offer the general comment that EPA’s enforcement model under the supplement attempts only gentle compliance — collaboration, and conciliation rather than the promise of clearly defined relief. For example, in the Angelita case, the state of California did not experience the withholding of federal funds as required under Title VI guidelines when a real first-time case discrimination was established. We acknowledge that the state of California is currently experiencing a serious budgetary crisis, and that a freeze of federal funds as mandated under Title VI could be very serious, but without consistent penalties for discriminatory behavior there can be no success in altering the on-the-ground conditions that contributed the disparate impacts.

    ***

    It is reasonable for the community to request EPA to be more open, to collaborate with the complainants as well as the agencies that are the target of complaints. Please don’t let this process degrade further into a debate limited to state’s rights of self government v. federal regulation. That argument is easily used to dismiss valid claims of discrimination and only points out how civil rights violations continue unabated in our nation.

    To view the letter in its entirety (pdf format):  Rosemere Neighborhood Association Comments on EPA Draft Title VI Supplement

  • Media Advisory: State Appeals Court Hears Arguments by County to Circumvent Clean Water Act

    June 28, 2012 Author: admin
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    Media Advisory for July 2, 2012

    CONTACTS:
    Jan Hasselman, Earthjustice, (206) 343-7340, ext. 1025 (Available July 2)
    Janette Brimmer, Earthjustice, (206) 343-7340, ext. 1029
    Dvija Michael Bertish, Rosemere Neighborhood Association, (360) 281-4747
    Brett VandenHeuvel, Columbia Riverkeeper, (503) 348-2436

    State Appeals Court Hears Arguments by
    County to Circumvent Clean Water Act Protections of Fish and Water Quality

    Community and Clean Water Advocates ask court to ensure federal clean water laws are followed to protect rivers and salmon.

    WHAT: Hearing before Washington State Court of Appeals in Tacoma

    WHEN: July 2, 2012, 9 a.m.

    WHERE: Washington State Court of Appeals, Division II 950 Broadway, Suite 300, Tacoma, WA 98402 (Allow time to go through courthouse security.)

    WHY: Clark County deserves strong, uniform laws that protect clean water, sensitive aquatic environments and endangered species– the same requirements that over 100 other cities and counties in Washington have been complying with since 2008. Stronger stormwater controls are needed now. According to a recent U.S. Geological Survey (USGS) study on stormwater, Vancouver, WA showed a wide suite of contaminants, including some of the highest levels of pesticides, suspended solids, and trace elements including mercury. A copy of the USGS stormwater study is attached.

    BACKGROUND:
    Federal law required Clark County and nearly 100 other cities and counties in Western Washington to adopt new rules governing runoff from development by August of 2008. In 2009, Clark County decided that it would not comply with the terms of a stormwater permit required by the Clean Water Act. The Department of Ecology confronted Clark County for its permit violation but later backed down and agreed to allow Clark County to retain inadequate stormwater standards for new developments in exchange for a promise to implement taxpayer-funded mitigation projects that were much less protective. This didn’t protect streams polluted by development runoff and shifted the burden of protecting clean water to local taxpayers instead of developers. In 2010, community and clean water groups represented by Earthjustice, challenged Clark County’s weak stormwater runoff rules to the state Pollution Control Hearings Board. In January 2011, the pollution board ruled in the community and clean water groups’ favor. The pollution board found Clark County’s weaker program to be illegal in several respects:

    • It is not based on any science and fails to protect water quality and salmon.
    • It unlawfully exempts development projects that “vested” (applied for a permit) prior to April of 2010.
    • It unlawfully allows Clark County to shift resources from its existing retrofit program to mitigate for new
    development.
    • It unlawfully fails to require “low impact development” at new development and mitigation sites.

    Clark County’s Commissioners appealed the Pollution Board’s ruling to the state Court of Appeals. The Builders’ Association joined in the appeal seeking weaker water pollution standards and the appeal will be heard July 2. Last December in a related matter, a federal judge issued a preliminary ruling that Clark County’s controversial development standards appear to violate federal laws to protect clean water. The decision by U.S. District Court Judge Ronald B. Leighton means Clark County must comply with federal clean water laws while the state court challenge is pending. The community and clean water groups include Rosemere Neighborhood Association, Columbia Riverkeeper, and the Northwest Environmental Defense Center. They are represented by attorneys Jan Hasselman and Janette Brimmer of the non-profit public interest law firm Earthjustice.

    #

    To view or print a pdf version of this Media Advisory please click here.

  • Power Past Coal Campaign – RNA letter to Vancouver City Council

    June 25, 2012 Author: admin
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    Train unloading coal at Millennium terminal in June 2011

    Train unloading coal at Millennium terminal in June 2011

    On June 19, 2012, Rosemere Neighborhood Association submitted a letter to Vancouver Mayor, City Council and City Managers asking the City of Vancouver to join in the efforts by Governor Kitzhaber and Senator Patty Murray to call for a regional Environmental Impact Statement regarding the doubling of international coal exports through the Pacific Northwest. Seven mega coal terminals are proposed to ship 157 million tons of coal annually to China. The coal trains will flow daily through Vancouver, spewing toxic residue with each train.

    Excerpted from the letter, which was presented at Vancouver City Council meeting, Monday, June 25, 2012:

    Facing the slowing of U.S. coal fired power plants, coal companies like Massey and Arch Coal are looking to harvest and ship an additional 157 million tons of coal per year, sending 30 – 60 trains per day through the Columbia River Gorge via Portland and Vancouver, where it is intended to be shipped to Asia. Each and every car from a coal train can unleash 500 pounds of coal dust. The coal trains proposed to run through Portland and Vancouver will be 75 miles long, each day making the Pacific Northwest the largest coal chute in the nation, originating in Montana’s Powder Ridge Basin. There are various international coal export terminals proposed for Oregon and Washington, and should they proceed unabated, the health and environmental impacts to our region and our way life will be substantial.

    To view the letter in its entirety: Coal to City Council

  • PRESS RELEASE: New EPA Study shows contamination at Camp Bonneville has migrated

    May 31, 2012 Author: admin
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    ************ FOR IMMEDIATE RELEASE ***************

    NEW EPA STUDY SHOWS CONTAMINATION
    AT CAMP BONNEVILLE HAS MIGRATED

    Contact: Dvija Michael Bertish, Rosemere Neighborhood Association
    360-281-4747

    Original Release: May 31, 2012
    Update: June 8, 2012

    EPA Region X (Seattle Office) has published a May 2012 Technical Data Report entitled “Camp Bonneville Expanded Site Inspection, Vancouver WA” (Technical Document Number 11-02-0010), prepared by Ecology and Environment, Inc, Seattle WA.

    This report is phase II of a study EPA is conducting on-site to determine the level and pathways of contamination at the site. This study was performed subsequent to a February 2009 petition by the Rosemere Neighborhood Association and Columbia Riverkeeper requesting the site be analyzed under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to determine possible Superfund status and placement of the site on the National Priorities List. The petition was filed following a litany of cleanup management problems led by the Washington State Department of Ecology, Clark County, and former cleanup Contractor Mike Gage.

    From May 2012 EPA Site Inspection Report:

    Perchlorate contamination associated with on-site sources is migrating and has
    reached North Fork Lacamas Creek and Lacamas Creek within the site boundaries….
    Based on sample results, contamination is present at on-site sources at significant concentrations.

    The Camp Bonneville Site Inspection scored above 28.5 points in an internal EPA scoring process, the threshold required to meet Superfund requirements. Next steps include regional EPA management meetings with local and state officials to determine plans on how to address the newly identified contaminant issues, and to discuss the potential of Superfund Status.

    High levels of perchlorate (used in mortars that were fired at the site) are suspected by some scientists to be a carcinogen, and are known to cause other serious health impacts. Pregnant women and children are at higher risks for adverse health impacts from perchlorate. Exposure is known to occur from drinking water contaminated with perchlorate. Significant levels of lead, mercury, HMX/RDX explosives, volatile/semi-volatile organics, and heavy metals are also present at significant concentrations at Camp Bonneville and can become mobile with stormwater activity.

    According to the Agency for Toxic Substances and Disease Registry “Toxic Substances Portal” http://www.atsdr.cdc.gov:

    • Living near a waste site or a rocket manufacturing or testing facility that contains high levels of perchlorate in the soil or groundwater may expose you to higher levels.
    • Perchlorates will eventually end up in ground water.
    • High levels of perchlorates can affect the thyroid gland, which in turn can alter the function of many organs in the body. The fetus and young children can be especially susceptible. The Department of Health and Human Services (DHHS) has determined that lead and lead compounds are reasonably anticipated to be human carcinogens and the EPA has determined that lead is a probable human carcinogen. The International Agency for Research on Cancer (IARC) has determined that inorganic lead is probably carcinogenic to humans.
    • Exposure to high levels of metallic, inorganic, or organic mercury can permanently damage the brain, kidneys, and developing fetus. Effects on brain functioning may result in irritability, shyness, tremors, changes in vision or hearing, and memory problems.
    • The EPA has determined that mercuric chloride and methylmercury are possible human carcinogens.
    • Studies in children have suggested that extremely high levels of manganese exposure may produce undesirable effects on brain development, including changes in behavior and decreases in the ability to learn and remember.

    Items specified in the May 2012 EPA Site Inspection Report:

    1) Perchlorate concentration trends in ground water samples have been variable despite Interim Removal Actions that have occurred. Perchlorate is a suspected carcinogen used in rocket fuel, such as in mortars fired at the site. Perchlorate levels remain in excess of state cleanup standards at various monitoring locations. HMX and RDX, additional toxic explosives are also found in the ground water at levels that exceed state standards.

    2) Ground water also shows elevated concentrations of 12 metals: barium, chromium, cobalt, copper, lithium, manganese, mercury, nickel, strontium, titanium, vanadium, zinc. Semivolatile organic compounds were also detected.

    3) Surface water runoff (stormwater) from the site to water bodies is a migration pathway, and this pathway extends downstream for 15 miles. Local fishing could be impacted.

    4) Elevated levels of perchlorate, strontium and Volatile/Semivolatile Organics have been found in sediment samples along the North Fork of Lacamas Creek.

    5) Surface water samples show elevated levels of manganese and perchlorate in Lacamas Creek.

    6) Soil samples indicate elevated levels of RDX, perchlorate, lead, Volatile/Semivolatile Organic Compounds, Nickel, and other toxics at various site Target Areas, Target Impact Areas, Artillery Positions, Firing Ranges, and Demolition/Landfill areas.

    7) A Total of 64 Target/Receptor samples were collected, including 20 ground water samples, 10 surface water samples, 33 sediment samples and one surface soil sample. The sample results show that the contamination at significant concentrations from on-site sources is migrating and has reached these targets/receptors. Targets and receptors of sample locations include wetlands.

    9) Perchlorate contamination associated with on-site sources is migrating and has reached North Fork Lacamas Creek and Lacamas Creek within the site boundaries. Perchlorate was detected at elevated concentrations in surface water from the creeks.

    10) Analytical results show that contamination continues to impact ground water.

    11) Approximately 9,627 people use ground water for drinking water purposes within the 4 mile Target Distance Limit used in this study, including the presence of 3,269 domestic wells. The nearest well is within 1/4 mile of the site.

    To view or download this Press Release please click here: RNA PRESS RELEASE: EPA Camp Bonneville Expanded Site Inspection Report May 2012

    To view complete EPA Camp Bonneville Expanded Site Inspection Report: http://www.epa.gov/region10/pdf/sites/camp_bonneville/Camp_Bonneville_Expanded_Site_Inspection_Report.pdf

    For EPA Camp Bonneville Site Summary information: http://yosemite.epa.gov/r10/cleanup.nsf/sites/CB

    To see Portland TV station KGW Channel 8′s story on Camp Bonneville, “Toxins found in Lacamas Creek”, go to our video page here  http://www.rosemerena.org/home/videos/

    ***********************

    Activists Resist DOD Bid To Block EPA Policy Changes During Cleanups

    In a related story, this article originally appeared in Inside EPA Weekly Report on April 20, 2012. It is reprinted here with permission of the publisher, Inside Washington Publishers. Copyright 2012. No further distribution is permitted.

    Click here to view article (pdf format): Activists Resist DOD Bid To Block EPA Policy Changes During Cleanups 4-2012

  • Power Past Coal Rally, Pioneer Courthouse Square, Portland Oregon

    May 8, 2012 Author: admin
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    Power Past Coal Rally 5-7-12

    Power Past Coal Rally, Portland, OR 5-7-12

    The Power Past Coal Rally began at noon on a bright, sunny, spring day with a chant from various members of the Riverkeeper Alliance: “Clean Coal is a Dirty Lie!”

    Power Past Coal Rally At Portland's Pioneer Courthouse Square 5-7-12

    Power Past Coal Rally At Portland's Pioneer Courthouse Square 5-7-12

    Columbia Riverkeeper, Sierra Club, Climate Solutions and Greenpeace sponsored the Power Past Coal event with Robert F. Kennedy Jr., Environmental Attorney and Chairman of the Waterkeeper Alliance, as the featured speaker. Kennedy, who has been working against coal for more than 30 years, has been dubbed “Hero of the Planet” by Time Magazine.

    Facing the slowing of U.S. coal fired power plants, coal companies like Massey and Arch Coal are looking to harvest and ship 150 million tons of coal per year, sending 30 -50 trains per day through the Columbia River Gorge via Portland and Vancouver Neighborhoods, where it is intended to be shipped to China. Each car from a coal train can unleash 500 pounds of coal dust. The coal trains proposed to run through Portland and Vancouver will be 75 miles long each day making the Pacific Northwest the largest coal chute in the nation, originating in Montana’s Powder Ridge Basin.

    Toxins emanating from the transport and burning of coal include mercury, arsenic, lead, sulphur dioxide, and ozone among 50 known contaminants. Health impacts, especially for young children, include mental retardation, impacts to speech and gait, lung and liver damage, autism and blindness. Estimates show that 300,000 to 600,000 children are exposed to high levels of mercury each year stemming from the coal industry. Coal emissions also exacerbate asthma, emphysema, can cause cancer, and contaminate rivers and fish, and can also reduce rainfall and snow pack caused by climate change. Just last week, Portland General Electric opposed the placement of a coal terminal near its power plant because dirty coal would hamper plant operations, and Oregon’s Governor Kitzhaber requested a regional Environmental Impact Study to identify public health and environmental impacts expected from seven proposed coal terminals in Oregon and Washington State. [Read More...]

  • EPA Plan Expected To Limit New Title VI Petitions (reprinted with permission from Inside Washington Publishers)

    April 19, 2012 Author: admin
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    This article originally appeared in Inside EPA Weekly Report on April 19, 2012. It is reprinted here with permission of the publisher, Inside Washington Publishers. Copyright 2012. No further distribution is permitted.

    Click here to view article (pdf format): EPA Plan Expected to Limit New Title VI Petitions

  • Community Representatives Sign Letter to EPA & DOD Urging Inclusive Military Cleanup Discussions

    April 15, 2012 Author: admin
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    Representatives from community and environmental groups from across the United States and Puerto Rico have signed a letter to Dr. Dorothy Robyn, Deputy Undersecretary of Defense and Mathy Stanislaus, Environmental Protection Agency Assistant Administrator, urging more comprehensive transparent and inclusive discussions on military cleanup regulatory requirements.

    We are representatives of communities that host active, closing, and former military facilities. We ask that we, as well as state and tribal regulatory agencies, be brought into this important conversation.
    We are sympathetic to the desire to have a consistent set of regulatory requirements from U.S. EPA or other regulatory agencies. However, twenty-six years after the establishment of the Defense Environmental Restoration Program, we expect some natural evolution in cleanup regulation as new problems are discovered and the scientific knowledge of the impacts of pollutants changes.

    We support Congressman Sam Farr’s suggestion that a forum be created in which regulators, the military components, and affected communities seek common ground to achieve faster, more efficient, and more protective cleanups.

    The letter dated April 14, 2012, was signed by Rosemere Neighborhood Association along with representatives of environmental and community groups, including Earth Island Institute, Arc Ecology, United Tribe of Shawnee Indians, and representatives of the Restoration Advisory Boards of former Defense sites in a dozen states.

    To view the letter please click here: Communities Letter on Military Cleanup

  • Judge Leighton Denies Clark County Motion For Bond

    April 5, 2012 Author: admin
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    US District Court Tacoma

    U.S. District Court Judge Ronald B. Leighton has denied Clark County’s request that Rosemere Neighborhood Association, Columbia Riverkeeper and Northwest Environmental Defense Center (Rosemere et al) post a monetary bond in their ongoing stormwater case.

    In January 2011, the Washington State Pollution Control Board ruled that Clark County’s “alternative” plan for monitoring stormwater was illegal  (see full story here).  Clark County subsequently filed an appeal of the Pollution Board’s ruling, but in December 2011, Judge Leighton ruled that pending their appeal, Clark County must comply with Washington State’s stormwater guidelines (story here).

    In January, Clark County also filed a motion asking the court to require Rosemere et al to post a $2.9 million bond (later reduced to $1.1 million) in the event the county wins in state court the plaintiffs could pay damages.

    Yesterday, Judge Leighton ruled against defendant Clark County’s motion saying,

    Here, Plaintiff has little or no means to post a substantial bond. The litigation seeks to enforce provisions of the Clean Water Act, and as such, is in the public interest. Further, Plaintiffs have demonstrated a likelihood of success on the merits, given the indications of the Pollution Control Hearings Board.

    See full order here: ORDER DENYING MOTION TO ESTABLISH BOND

  • Petition to stop licensing of Nuclear Reactor at Hanford Nuclear Facility

    March 28, 2012 Author: admin
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    Hanford dumping ground photo credit: HOANW

    Hanford dumping ground Photo credit: HOANW

    Energy Northwest (formerly WPPSS) runs the region’s sole commercial nuclear reactor, Hanford Nuclear Facility, located along the Columbia River on the Hanford Nuclear Reservation. Energy Northwest is owned and run by Washington’s publicly owned utilities. These include Clark Public Utilities in Clark County, as well as Seattle City Light, Snohomish PUD, and Tacoma City Light.

    The Federal Government is attempting to make Hanford a national nuclear waste dump, despite the actions of the Washington citizens to prevent more nuclear waste from being shipped there. In recent months, the reactor had numerous safety violations. As the Seattle Times reported (March, 2011), Energy Northwest officials have been moving to be the first commercial reactor in the US to use the same highly dangerous Plutonium fuel which was released to the environment during the Fukushima Reactor earthquake and tsunami crisis, causing catastrophic damage to a huge populated area of Japan and the ocean – without public disclosure of risks or costs.

    Clark Public Utilities representatives have not objected to use of Plutonium fuel, and supported relicensing the reactor to run 20 more years until the year 2043 – without any public discussion near Clark PUD.

    You can voice your opinion.

    Clark County residents: Click on the link below to sign a petition (managed by Heart of America Northwest, www.hoanw.org) to stop the licensing of the nuclear reactor operating at the Hanford facility, and demand the federal government pursue clean energy instead:

    Petition: http://www.ipetitions.com/petition/cgsclark/

  • CITIZENS FIGHT FOR CLEAN WATER IN CLARK COUNTY

    March 17, 2012 Author: admin
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    Fighting For Clean Water

    CITIZENS TAKE ON CLARK COUNTY’S FAILED ATTEMPT TO MAKE TAXPAYERS PAY FOR DEVELOPERS’ STORMWATER POLLUTION

    Nationwide, stormwater is the leading source of water pollution. This is also true for the Columbia River Basin. In urban areas, rain runs across dirty pavement and roofs, picking up toxic metals, oil, grease, bacteria and other contaminants along the way.

    Experts across the country agree: the cost of stormwater pollution is steep. Murky, smelly streams and rivers and fish advisories warning people not to eat otherwise healthy, locally caught fish are a stark reminder of the public costs of stormwater pollution. Yet Clark County tried to make taxpayers pay for stormwater impacts that are the responsibility of private development. Taxpayer dollars already support public stormwater infrastructure and now its time for developers to pay their share.

    IGNORING COMMON SENSE

    Why is Clark County Trying to Evade Protections for Safe, Swimmable Rivers and Livable Communities?

    In 2010, local citizens and conservation groups successfully challenged Clark County’s sweetheart deal with Washington State regulators—a deal that made Clark County the only major county in the state to avoid critical steps to reduce stormwater pollution. Washington’s Pollution Control Hearings Board ruled that the County’s controversial development standards violated state laws to protect clean water. In 2011, a federal court judge also found that Clark County’s actions likely violate the federal Clean Water Act.

    Not only is Clark County violating the law, it is ignoring the very real economic and quality of life costs associated with stormwater pollution. For example, stormwater pollution:

    • Increases flooding—the Federal Emergency Management Agency (FEMA) estimates that stormwater causes or contributes to at least one quarter of economic losses due to flooding—or $1 billion per year.
    • Adds costs to providing safe drinking water.
    • Threatens public health.
    • Impacts fishing opportunities and water recreation.

    CITIZENS FIGHT FOR CLEAN WATER IN CLARK COUNTY

    Many cities and counties in Washington State are working hard to clean up polluted waterways. One of the primary ways Washington State is trying to reduce stormwater pollution is by requiring new development and redevelopment to control stormwater as it leaves the property.

    CONTINUED….Click here for the full document: CITIZENS FIGHT FOR CLEAN WATER IN CLARK COUNTY

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