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CIEA Environmental Chronicle - Vol. 2, Issue 26, June 2021

Monthly news of environmental issues affecting Indigenous Peoples

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1. Engagement Opportunity- Opportunity to apply to the AB 32 Environmental Justice Advisory Committee- Deadline: 5:00 p.m. (PDT) on June 21, 2021

The California Air Resources Board (CARB or Board) is requesting applications from from environmental justice organizations and community groups representing California Native American Tribes, Bay Area, Inland Empire, Sacramento, San Diego/Border, or Labor to serve on the AB 32 Environmental Justice Advisory Committee (Committee) for the 2022 Scoping Plan Update. If you are interested in applying, please send a one-page statement of interest and one-page resume or one-page CV to Trish Johnson by 5:00 p.m. on June 21, 2021. CARB's Office of Environmental Justice will receive these materials and respond to applicants.

On May 20, 2021, the Board appointed seven new Committee members to join four returning Committee members to begin work on the 2022 Scoping Plan Update.  The Board also directed staff to do a solicitation and recruit additional members from underrepresented areas, including California Native American Tribes, Bay Area, Inland Empire, Sacramento, San Diego, and to look for an opportunity to add a representative of labor to the Committee.  The California Global Warming Solutions Act of 2006, (AB 32; Stats. 2006, chapter 488) calls for the California Air Resources Board (CARB or Board) to convene an Environmental Justice Advisory Committee (EJAC), to advise the Board in developing the Scoping Plan, and any other pertinent matter in implementing AB 32.  It requires that the Committee be comprised of representatives from communities in the State with the most significant exposure to air pollution, including, but not limited to, communities with minority populations or low-income populations, or both (AB 32; Part 7. Miscellaneous Provisions Section 38591). 

Criteria to select additional EJAC members include:

- Representatives from communities in the State with the most significant exposure to air pollution, including, but not limited to, communities with minority populations or low-income populations.

- Regional representation across California including applicants from faith-based organizations, neighborhood organizations, non-profit organizations, and California Native American Tribes.

- Representatives that have expertise in transportation; fossil gas grid and electricity grid decarbonization and infrastructure; natural and working lands; clean fuels and technology; public health

-Representatives rooted in environmental justice principles that can contribute to the perspectives of existing committee members.

-Conflict of interest response: Do you have any personal conflict of interest (whether a financial interest, personal activity, or relationship) that could impair your ability to act impartially and in the best interest of EJAC?
Applications will be reviewed by a panel including representatives from CARB, CalEPA, and existing EJAC members.  Applicants who submitted materials earlier this year do not need to apply again.

For more information, please hit the read more button below to be redirected to the California Air Resources board website where the info is housed. 

READ MORE:
https://ww2.arb.ca.gov/environmental-justice-advisory-committee?utm_medium=email&utm_source=govdelivery

2. Recommended Reading- EPA, Army Announce Intent to Revise Definition of WOTUS

Preface: While we do not know the process for Tribal engagement yet, we are very happy to hear that WOTUS will be amended and wanted to share this heads up.


Dear Tribal Partners,

 The U.S. Environmental Protection Agency and Department of the Army (the agencies) intend to establish a new definition of “waters of the United States” to better protect our nation’s vital water resources that support public health, environmental protection, agricultural activity, and economic growth. In addition, U.S. Department of Justice filed a motion requesting remand of the 2020 Navigable Waters Protection Rule (NWPR) in the District Court of Massachusetts on June 9, 2021.

 Executive Order 13990 on “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” directed EPA and the Army to review and, as appropriate and consistent with applicable law, take action to revise or replace the NWPR defining “waters of the United States.” EPA and the Army have completed this review and determined that they have concerns with the NWPR, including that it is causing significant, ongoing, and irreversible environmental damage.

 The agencies intend to pursue a new rulemaking process to replace the NWPR with a durable definition of “waters of the United States.” In the interim, the NWPR is still in effect across the country. Further details of the agencies’ plans, including opportunity for public participation, will be conveyed in a forthcoming action.

 The agencies’ new regulatory effort will be guided by:

·  Protecting water resources and our communities consistent with the Clean Water Act.

·  Considering the latest science and the effects of climate change on our waters.

·  Emphasizing effective implementation.

·  Reflecting the experience of landowners, the agricultural community that fuels and feeds the world, states, tribes, environmental organizations, and community organizations.

The Clean Water Act prohibits the discharge of pollutants from a point source into navigable waters. Navigable waters are defined in the Act as “the waters of the United States, including the territorial seas.” Thus, “waters of the United States” is a threshold term establishing the geographic scope of federal jurisdiction under the Clean Water Act. It is not defined by the Act but has been defined by EPA and the Army in regulations since the 1970s.

 To learn more about the definition of waters of the United States, visit https://www.epa.gov/wotus.

 Please contact [log in to unmask] with any questions.

 Karen Gude
Tribal Program Coordinator
Office of Water
U.S. Environmental Protection Agency
(202) 564-0831 (desk)


3. Tribal Consultation Opportunity- Notice of Intention to Reconsider and Revise the Clean Water Act Section 401 Certification Rule

Dear Tribal Partner,

The U.S. Environmental Protection Agency (EPA) is initiating consultation and coordination with federally-recognized Indian tribes on the Notice of Intention to Reconsider and Revise the Clean Water Act Section (CWA) 401 Rule. On May 27, 2021, EPA announced that it would revise the CWA Section 401 Certification Rule and initiate a series of stakeholder engagements on the upcoming rulemaking effort. CWA Section 401 provides states and tribes with a powerful tool to protect the quality of their waters from adverse impacts resulting from federally licensed or permitted projects. EPA promulgated implementing regulations for water quality certification prior to the 1972 amendments to the Federal Water Pollution Control Act (commonly known as the Clean Water Act), which created Section 401. In 2020, EPA revised these regulations found at 40 CFR part 121. Clean Water Act Section 401 Certification Rule, 85 FR 42210 (July 13, 2020).

On January 20, 2021, President Biden signed Executive Order 13990 directing federal agencies to review rules, including the Clean Water Act Section 401 Certification Rule, issued in the prior four years that are, or may be, inconsistent with the policy stated in the order. Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, Executive Order 13990, 86 FR 7037 (published January 25, 2021, signed January 20, 2021). Consistent with this Executive Order, EPA has completed its initial review of the Clean Water Act Section 401 Certification Rule and determined that it will propose revisions to the rule through a new rulemaking effort.

 The tribal consultation letter and consultation and coordination plan are attached. These consultation materials are also available on EPA’s Tribal Consultation Opportunities Tracking System (TCOTS) website located at: https://tcots.epa.gov.

EPA is holding two Tribal Consultation Kick-off Webinars on June 29, 2021, from 2:00 – 4:00 PM Eastern Time, and July 7, 2021, from 2:30 PM to 4:30 PM Eastern Time. To register, please visit: https://www.eventbrite.com/e/us-epa-cwa-section-401-tribal-consultation-kick-off-webinar-tickets-156753749685. Please see the attached consultation plan for additional information.

 EPA’s anticipated timeline for the consultation and coordination period for this action is expected to extend from June 7, 2021, to September 7, 2021.

For any questions, please contact Emma Maschal, Office of Wetlands, Oceans and Watersheds, by email at [log in to unmask] or by phone at 202-566-1156.

 Please share this email with others who may be interested.

 Karen Gude
Tribal Program Coordinator
Office of Water
U.S. Environmental Protection Agency
(202) 564-0831 (desk)


 

4. Tribal Consultation Opportunity- Request to collaborate on FHABs

Good Morning Tribal Government Representatives and designees,

I hope this email find you well.

My name is Maraid Jimenez, and I am a Fellow of the State Water Resources Control Board working in the Office of Information Management and Analysis with the Freshwater Harmful Algal Bloom (FHABs) Program. My Fellowship aims to strengthen engagement between California Native American Tribes (Tribes) and the State and Regional Water Boards to deliver better information to our Water Board members, colleagues, and partners to improve how we collectively protect Tribal cultural practices from the impacts of FHABs. FHABs occurring in freshwater lakes and streams can cause broad impacts to human and animal health and water quality, but the impact to Tribes is inconsistently understood across the state (see HABs Portal for more information). Healthy rivers and lakes are essential for the safety of Tribal members when they perform sacred ceremonies, so strengthening engagement networks with Tribes is crucial to the statewide FHABs Program.

Today, I am reaching out to you because previously you supported efforts to protect water quality from mercury poisoning for cultural and subsistence uses of water by Tribes within the Water Boards’ regulatory framework. Given this, I thought you would be interested in participating in our effort to characterize how FHABs may impact Tribal cultural traditions and practices. Our first step is to have conversations with Tribes to learn more about how FHABs are impacting freshwaters used by Tribes. Through these conversations we hope to collaborate with Tribes to understand how to better respect sacred knowledge in a system that has historically neglected to do so.

I kindly request a meeting with you, or someone within your Tribe, interested in discussing efforts to help strengthen the network the FHABs team can work with to better understand and document the impact of HABs on cultural uses for Tribes in a respectful manner.

 If you are interested, please respond to this email and I will get back to you to schedule a meeting. I am more than open to answering any questions you may have as well.

 Respectfully,
Maraid Jimenez

Maraid​[log in to unmask]
CivicSpark Fellow
State Water Resources Control Board
California Environmental Protection Agency

5. Urgent Notice of Preparation of EIR and Scoping Meetings for Nordic Aquafarms Project 

This email is to notify you that a Notice of Preparation of a Draft Environmental Impact Report (NOP) has been prepared for the project by the County of Humboldt as the lead agency under the California Environmental Quality Act (CEQA).

The public comment period on the NOP will end on July 6, 2021 at 5 p.m. PST. The County will host two public scoping meetings on June 10th, 2021.

The NOP is attached for your review and additional project information can be found on the County’s webpage and the CEQA portal using the following links:

County link: https://humboldtgov.org/2347/Major-Projects
CEQA link: Nordic Aquafarms California, LLC Land-based Aquaculture Project

Please use the link below to join the public scoping meetings via Zoom or phone:

1. https://zoom.us/j/91600859767?pwd=bmtOQ0k5SGNrdFE5YVRjN0VvUi9mQT09
Passcode: 673021

 2. Call in via telephone at 346-248-7799, enter meeting ID 916 0085 9767, enter password: 673021

 Please let me know if you have any questions regarding this information.

Thank you,
Alyssa

6. Training Opportunity- (FREE) Workforce Development Training: Total Coliform Rule (TCR)

Workshop presented by California Rural Water Association
Online ONLY
*(This is a self-paced, computer-based class)*

OUTLINE

In this course, we are going to learn what the TCR is and why it’s important for maintaining good quality drinking water. The course will also discuss the legislative history of TCR, differentiating between the federal TCR and the later released rTCR. Finally, we’ll discuss the California rTCR and go over the interim requirements. The interim requirements cover all the requirements that water systems must abide by today and in the immediate future. We’ll finish the module with some tips and tricks for a smooth compliance program.

The course includes: 
BSSP
Routine and Repeat Sampling
Significant Rise/MCLs
Public Notification
Level 1 & 2 Assessments
Reporting
 
This workshop is with 2.0 SWRCB/REHS Water Contact Hours

Please contact for any questions or concerns,
Candice Jackson
EMAIL: [log in to unmask]
PHONE: (916) 283-8502

To register for the training, please hit the read more button below to be redirected to the registration form, which includes the dates (mid-June).

READ MORE:
https://files.constantcontact.com/b3a5bccb401/2ae55f80-19fa-4d3c-a1c4-c4cf0bfd0517.pdf


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“We have our eye on the same destination – a sustainable future where Indigenous people are recognised for their wisdom and honoured for their culture – there is no problem taking a different path to reach that place.” -Jackie Higgins (Bidjara/Pitjara, Birri Gubba and Juru)

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