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  • Category Archives DOE Granted by the EPA
  • WA State DOE Environmental Justice WAC

    WA State DOE Environmental Justice WAC

    Regarding proposed WA State  Chapter 173-321 WAC

    WHAT IS VAGUENESS AND OVERBREADTH?

    RELATED TO THE OVERBREADTH DOCTRINE IS THE DOCTRINE OF VAGUENESS. THE VAGUENESS DOCTRINE, AN ASPECT OF THE DUE PROCESS REQUIREMENT OF NOTICE, HOLDS THAT A LAW IS FACIALLY INVALID IF PERSONS OF “COMMON INTELLIGENCE MUST NECESSARILY GUESS AS AT ITS MEANING AND DIFFER AS TO ITS APPLICATION.”

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    SO WHAT ABOUT THIS WA STATE WAC?

     IS IT FACIALLY INVALID IF PERSONS OF “COMMON INTELLIGENCE MUST NECESSARILY GUESS AS AT ITS MEANING AND DIFFER AS TO ITS APPLICATION?

     AS USUAL YOU HAVE TO READ 173-321 WAC, PUBLIC PARTICIPATION GRANTS TO FIND OUT WHAT’S IN IT!

    MISLEADING TO SAY THE LEAST” I read it, the full text is below.

     For more information:

    http://www.ecy.wa.gov/programs/swfa/rules/wac173321/1613ov.html

    ECOLOGY’S Introduction

    Under Chapter 70.105D RCW, Ecology administers a program for GRANTS TO

     “PERSONS WHO MAY BE ADVERSELY AFFECTED BY A RELEASE OR THREATENED RELEASE OF A HAZARDOUS SUBSTANCE AND NOT-FOR-PROFIT PUBLIC INTEREST GROUPS”.

    Grants are used to “facilitate public participation in the investigation and remediation of a release OR THREATENED RELEASE OF A HAZARDOUS SUBSTANCE and to implement the state’s solid and hazardous waste management priorities.”

    Scope of rulemaking
    WA STATE DEPT OF ECOLOGY (DOE) PROPOSES TO:

    • REVISE PROGRAM PRIORITIES TO INCLUDE ENVIRONMENTAL JUSTICE
    • Revise eligibility requirements
    • Clarify the criteria used to evaluate applications
    • Revise eligible costs
    • Develop a method for renewing grants annually per Chapter 70.105D RCW
    • Streamline the grant application and evaluation process to increase consistency, transparency, objectivity, and efficiency
    • Revise the grant application process to authorize electronic submittals
    • Update grant administration requirements
    • Align Chapter 173-321 WAC to current program needs.

    Added for clarity…

    CHAPTER 173-321 WAC

    PUBLIC PARTICIPATION GRANTS

    Complete Chapter

    WAC Sections

    173-321-010

    Purpose and authority.

    173-321-020

    Definitions.

    173-321-030

    Relationship to other legislation and administrative rules.

    173-321-040

    Applicant eligibility.

    173-321-050

    Application evaluation criteria.

    173-321-060

    Eligible project costs.

    173-321-070

    Grant funding.

    173-321-080

    Grant administration.

    WAC 173-321-060

    Eligible project costs.

    (1) ELIGIBLE PROJECT COSTS FOR SUBSTANCE RELEASE GRANTS SHALL INCLUDE BUT NOT BE LIMITED TO:

    (A) HIRING TECHNICAL ASSISTANTS TO REVIEW AND INTERPRET DOCUMENTS;

    (b) PUBLIC INVOLVEMENT and public education activities;

    (C) REVIEWING SPECIFIC PLANS FOR ENVIRONMENTAL TESTING AND ANALYSIS, REVIEWING REPORTS SUMMARIZING THE RESULTS OF SUCH PLANS AND MAKING RECOMMENDATIONS FOR MODIFICATIONS TO SUCH PLANS.

    (D) EXPENDABLE PERSONAL PROPERTY;

    (E) OTHER PUBLIC PARTICIPATION ACTIVITIES AS DETERMINED BY THE DEPARTMENT ON A CASE-BY-CASE BASIS.

    (2) ELIGIBLE PROJECT COSTS FOR WASTE MANAGEMENT

     PRIORITY GRANTS SHALL INCLUDE BUT NOT BE LIMITED TO:

    (a) Assisting in DEVELOPING AND IMPLEMENTING PROGRAMS that promote or improve state or local solid or hazardous waste management plans;

    (b) Assisting in developing programs or activities that promote and are consistent with the state solid or hazardous waste management priorities;

    (C) EXPENDABLE PERSONAL PROPERTY;

    (D) OTHER PUBLIC PARTICIPATION ACTIVITIES AS DETERMINED BY THE DEPARTMENT ON A CASE-BY-CASE BASIS.

    (3) Ineligible projects and grant costs shall include but not be limited to:

    (a) Independently collecting or analyzing samples at facility sites;

    (B) HIRING ATTORNEYS FOR LEGAL ACTIONS AGAINST POTENTIALLY LIABLE PERSONS, FACILITY OWNERS, OR THE DEPARTMENT. APPLICANTS WHO RECEIVE A GRANT AWARD SHALL NOTIFY THE DEPARTMENT IF LEGAL ACTION IS INTENDED OR TAKEN ON THE SUBJECT OF THE GRANT PROJECT OR APPLICATION;

    (C) LEGISLATIVE LOBBYING ACTIVITIES;

    (d) Real property;

    (e) Nonexpendable personal property.

    [Statutory Authority: Chapter 70.105D RCW. WSR 01-05-024 (Order 97-09A), § 173-321-060, filed 2/12/01, effective 3/15/01. Statutory Authority: 1989 c 2. WSR 89-21-072 (Order 89-26), § 173-321-060, filed 10/17/89, effective 11/17/89.]

    To join or leave ECOLOGY-WAC-TRACK click here:

    http://listserv.wa.gov/cgi-bin/wa?A0=ECOLOGY-WAC-TRACK

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    Why does WA State DOE need an Environmental Justice WAC?

    WAC, WAC, WAC, ECOLOGY’S HISTORIC POLICY OF REDUNDANT DUPLICITY

    Environmental Justice | US EPA

    https://www.epa.gov/environmentaljustice

    Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and ENFORCEMENT OF ENVIRONMENTAL LAWS, REGULATIONS, AND POLICIES.

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    Chapter 173-321 WAC
    Public Participation Grants

    Overview

    Introduction

    Under Chapter 70.105D RCW, Ecology administers a program for grants to “persons who may be adversely affected by a release or threatened release of a hazardous substance and not-for-profit public interest groups”. Grants are used to “facilitate public participation in the investigation and remediation of a release or threatened release of a hazardous substance and to implement the state’s solid and hazardous waste management priorities.”

    Why are we doing this rulemaking?
    In 2016, Ecology obtained an independent audit of our Public Participation Grants program. The current application process for the grants requires a significant amount of time and agency resources to establish applicant eligibility and award the grants. Changes Ecology is proposing are either specific audit recommendations or based on the agency’s experiences implementing the program.

    Input from past grant recipients and other stakeholders also indicated a need to increase the emphasis the PPG program places in reaching disadvantaged communities adversely affected by toxic contamination and cleanup work. Updating the rule now will allow us to apply these changes to grants awarded in the 2017-19 biennium.

    Scope of rulemaking
    Ecology proposes to:

    • Revise program priorities to include environmental justice
    • Revise eligibility requirements
    • Clarify the criteria used to evaluate applications
    • Revise eligible costs
    • Develop a method for renewing grants annually per Chapter 70.105D RCW
    • Streamline the grant application and evaluation process to increase consistency, transparency, objectivity, and efficiency
    • Revise the grant application process to authorize electronic submittals
    • Update grant administration requirements
    • Align Chapter 173-321 WAC to current program needs.

    Ecology will periodically update these web pages to provide up-to-date information about this rulemaking. We will notify interested parties through the agency email listserv (WAC Track), a Waste 2 Resources ListServ specifically established for the Public Participation Grants program. We will e-mail contacts identified in our grants-related database and those identified by grants staff. We will publish notice in the Washington State Register as we move through the process. To learn more about how to contact Ecology and participate in the process, please visit our public involvement page.

    ADDITIONAL RULE INFORMATION

     

     

    Regarding 173-321 WAC, PUBLIC PARTICIPATION GRANTS

    Granted, I have been publicly participating, criticizing, objecting, commenting and tracking Ecology’s, WA State DOE Environmental WAC-ING for years.  I do investigative documentation and reporting on my website. I have been signed up for Ecology’s WAC Track for years, receiving, reading hundreds of pages,  investigating and documenting, posting, commenting and disseminating information on  one proposed WAC after another WAC….

    This was my published opinion on Apr 15, 2013,  and I’m sticking with it. period

    Behind My Back | “Ecology Sucks”

    www.behindmyback.org/2013/04/15/ecology-sucks/

    APR 15, 2013 – “Ecology Sucks” And, the rest of the story. The local news papers did report that I said it. WHAT THE LOCAL NEWSPAPERS DID NOT REPORT …

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    Behind My Back | Ecology’s Expedited Rule Making?

    www.behindmyback.org/2014/06/26/ecologys-expedited-rule-making/

    JUN 26, 2014 – Washington Department of Ecology AO #14-01 NOTICE THIS RULE REPEAL IS BEING PROPOSED UNDER AN EXPEDITED RULE- MAKING …

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    MY ONE RIGHT TO OBJECT TO ECOLOGY’S EXPEDITED RULE MAKING

    Behind My Back | A Thousand Wrongs? One Right?

    www.behindmyback.org/2014/09/17/2757/

    SEP 17, 2014 – OK, so what’s WRONG with that? We the people, have every RIGHT to make a THOUSAND public objections and comments. So what’s …

     “One right doesn’t remedy a thousand wrongs.’

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    WHAT IS VAGUENESS AND OVERBREADTH?

     BEST GUESS OBAMACARE….

     RELATED TO THE OVERBREADTH DOCTRINE IS THE DOCTRINE OF VAGUENESS. THE VAGUENESS DOCTRINE, AN ASPECT OF THE DUE PROCESS REQUIREMENT OF NOTICE, HOLDS THAT A LAW IS FACIALLY INVALID IF PERSONS OF “COMMON INTELLIGENCE MUST NECESSARILY GUESS AS AT ITS MEANING AND DIFFER AS TO ITS APPLICATION.”

    The bottom line….

    WHAT IS VAGUENESS AND OVERBREADTH, deserves another posting on my website.


  • EPA Grants and Contracts

    TRUMP FREEZES EPA Grants and Contracts

    Trump moved to block implementation of at least 30 environmental rules finalized in the closing months of President Barack Obama’s term.

    Trump freezes EPA Grants and Contracts.

    THE EPA’S FY 2016 BUDGET REQUEST OF $8,600,000.00 BILLION, IN ADDITION $5,000,000.00 MILLION IN STATE GRANT FUNDING IS PROVIDED IN THE WETLANDS

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    THE EPA’S ACTIVE CONTRACTS LIST 10/26/2016
    DATA PROVIDED BY US EPA OFFICE OF ACQUISITION MANAGEMENT

    NUMBER OF CONTRACTS: 629

    TOTAL CONTRACT OBLIGATION: $6,398,369,335.21

    ACTIVE CONTRACTS BY CONTRACT NUMBER AS OF 10/26/2016

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    Here how the EPA grants worked with and through the DOE at a state level.
    ————————————-
    The EPA granted to WA State DOE $100,000.00 for the Shoreline Management Update  (SMP) in a pass through grant)
    EVERY SMP UPDATE IN EVERY COUNTY, IN THE USA WAS GRANTED $$$$ ( AS A PASS THROUGH GRANT)   BY THE EPA, TO  EVERY STATE DOE, TO BE GRANTED TO EVERY COUNTY.
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    Fiscal Year 2016 – US EPA

    https://www.epa.gov/sites/production/…/epa_fy_2016_congressional_justification.pdf

    The agency’s FY 2016 budget request of $8.6 billion enables us to ..Many communities are facing multiple pollution problems and are looking for integrated or holistic …. In addition, $5 million in state grant funding is provided in the wetlands.

    EPA Active Contracts Listing | Contracting with EPA | US EPA

    https://www.epa.gov/contracts/epa-active-contractslisting

    Oct 31, 2016 – Listed below, you will find the EPA Active Contracts Listing, which lists of all currently active EPA Contracts. The listing is available by Contract …