Defender Winter 2019

Defender

Winter 2019 we believe everyone deserves clean water and clean air

Alarming Rates of Well Water Contamination in SW WI SWIGG Study results should be a call to action

By Scott Laeser Water Program Director

The results from the first round of sampling for the Southwest Wisconsin Groundwater and Geology (SWIGG) study released earlier this month indicate serious problems with well water contamination in the region. For years, Clean Wisconsin has worked hard to push for strong drinking water protections, and these results confirm that we need bold action from local and state leaders to ensure every Wisconsin resident has access to clean drinking water.

In February, Governor Tony Evers announced he would allocate $75,000 for the SWIGG study in his state budget proposal. The measure is part of his commitment to address well water pollution during the Year of Clean Drinking Water, which he declared in his State of the State Address.

The percentage of wells in Grant, Iowa, and Lafayette Counties that tested positive for coliform bacteria or above the safe level for nitrate was higher than the state average, with 42 percent of wells contaminated with one or both pollutants. By contrast, studies

For many people in Southwest Wisconsin, the water flowing from their taps is contaminated and undrinkable, even though it may look like clean water. (File photo)

in Kewaunee County have found roughly 30% of wells testing positive for nitrates and/or bacteria.

I live in Lafayette County and drink from a private well every morning, and we test our well yearly for coliform and nitrates, since these pollutants pose serious health risks. To put it plainly, if my well tested at or above 10 mg/l for nitrate, my family and I would not drink the water.

The SWIGG Study results are the latest development of increased incidents of well water pollution—especially nitrate pollution—across the state, from Northeast to Central Wisconsin to the La Crosse area and now to Southwest Wisconsin.

Clean Wisconsin has been the leader in advocating for action from state leaders in Southwest Wisconsin for over two years, because the inconclusive data we had

at the time suggested that well water pollution was a problem in these three counties.

With the clear results from the SWIGG study, now is the time for action, especially from the state. We are thrilled with the Governor’s bold response to match the funds local governments have already made to the SWIGG study. Currently, Grant, Iowa, and Lafayette Counties are funding the study.

Additionally, in response to the study results, Republican leadership have announced they will form a task force to study water quality around the state.

We shouldn’t wait to start talking about how we’re going to address this contamination, however. continued on Page 5

Gov. Tony Evers declares 2019 the Year of Clean Drinking Water What's in store for the environment under the new divided state government?

Clean Wisconsin 634 W. Main St., #300 Madison, WI 53703-2500

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By Amber Meyer Smith Vice President of Programs & Government Relations

The two year 2019-2020 Legislative Session officially kicked off in early January with the inauguration of a new Governor, Lieutenant Governor, Attorney General, and Treasurer. Fourteen brand new legislators took office, and four Representatives were elected to the Senate. Republicans maintained their majorities in both houses – 19-14 in the State Senate and 63-36 in the State Assembly.

Also in this issue

The new legislative session presents some interesting opportunities along with new challenges. Gov. Tony Evers made many environmentally-focused pledges during the election, and we are looking forward to working with him and his administration to promote policies that protect our air and water resources. His agenda might not receive a warm welcome from legislative continued on Page 7

Clean Water Rule Rollback | Water Cases Head to High Court | Tackling Toxic Tar Sealants

&Events

News, Notes

CLEAN WISCONSIN WELCOMES CARLY MICHIELS AS NEW GOVERNMENT RELATIONS DIRECTOR

Carly Michiels started her tenure as Clean Wisconsin’s new Government Relations Director in early January. Carly comes to Clean Wisconsin having specialized in environment and energy issues while working as a Legislative Assistant for State Assembly Representative Gordon Hintz. A native of Marinette, Carly received her BA in Political Science and Environmental Studies from UW-Madison and her MPA in Environmental Policy and Natural Resource Management from Indiana University. Carly enjoys exploring Wisconsin during all seasons, whether hiking, camping, or cross-country skiing. Welcome Carly!

CLEAN WISCONSIN’S STATEMENT ON DIVERSITY, EQUITY, AND INCLUSION

Everyone, regardless of age, gender, sexual orientation, race, nationality, ethnicity, citizenship, disability status, income, and religion, deserves the right to breathe clean air, drink clean water, and live in a state which embraces a healthy environment as a part of a strong economy. Unfortunately, the burden of environmental degradation often falls on the most disempowered groups in our society. Clean Wisconsin works to address these environmental injustices, from issues such as climate change, access to clean drinking water, and air pollution and its health effects by elevating and empowering marginalized voices.

634 W. Main St., #300 • Madison WI 53703 Phone: (608) 251-7020 www.cleanwisconsin.org

Clean Wisconsin protects and preserves Wisconsin’s clean water, air, and natural heritage.

On behalf of our more than 30,000 members, supporters, and coalition partners, we have been your leading voice for Wisconsin’s environment since 1970.

STAFF President & CEO

Mark Redsten Vice President of Programs & Government Relations

Amber Meyer Smith Grants and Foundations Manager

Alexandria Baker Membership and Outreach Manager

Sarah Bewitz Director of Energy, Air

Scott Blankman Chief Financial Officer

Nick Curran, CPA Communications Director

Jonathan Drewsen Staff Attorney

Evan Feinauer Development Manager

Ryan Kelly Water Program Director

Scott Laeser Staff Scientist

Paul Mathewson Water Resources Specialist

Ezra Meyer Government Relations Director

Carly Michiels General Counsel

Katie Nekola Staff Attorney & Milwaukee Program Director

Pam Ritger Green Infrastructure Program Associate

Ethan Taxman Of Counsel

Susan Hedman

BOARD

our Action Network at cleanwisconsin.org/act Stay informed • • Join legislative floor sessions, committee hearings and on what’s Watch interviews at wiseye.org happening in • Sign up to receive notifications about action on bills you our state care about at http://notify.legis.state.wi.us government • Learn more about your legislators using the interactive map at http://maps.legis.wisconsin.gov/

The Defender is owned and published quarterly by Clean Wisconsin 634 W. Main St., #300, Madison, WI 53703 608-251-7020, info@cleanwisconsin.org A one-year subscription membership is $40. Please direct correspondence to the address above.

Volume 49, No. 1 Issue date: February 2019 ©2019 Clean Wisconsin. All rights reserved.

ISSN # 1549-8107

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Printed with soy ink on unbleached, recycled paper.

Chair Liz Feder, Madison Vice Chair Karen Knetter, Madison Secretary Arun Soni, Chicago Treasurer Gof Thomson, New Glarus Past Chair Carl Sinderbrand, Middleton Belle Bergner, Milwaukee Shari Eggleson, Washburn Gary Goyke, Madison Andrew Hoyos, McFarland Katie Jones, Wisconsin Dells Erik Lincoln, Lodi Mark McGuire, Minneapolis Josh Neudorfer, Shorewood Glenn Reinl, Madison Michael Weiss, Milwaukee Board Emeritus Kate Gordon, San Francisco Board Emeritus Chuck McGinnis, Middleton

Winter 2019

Two Water Cases Sent to Supreme Court

By Evan Feinauer, Staff Attorney

(File photo)

On January 16, 2019, the District II Court of Appeals declined to rule on a pair of cases brought by Clean Wisconsin, and instead asked the Wisconsin Supreme Court to issue decisions in these disputes.

The eventual rulings in each of these cases will have significant impacts on Wisconsin’s water and, potentially, the ability of the Department of Natural Resources (DNR) and other state agencies to protect the environment and public health more broadly.

High-capacity wells The first case sent to the Supreme Court concerns DNR’s authority to consider the negative impact that groundwater withdrawals have on surface waters when issuing permits to drill high-capacity wells. For over 120 years, courts at all levels have consistently held that the state has the authority and duty to protect Wisconsin’s water—our lakes, rivers, streams—for everyone, an idea known as the Public Trust Doctrine. As part of this legacy, in 2011 the State Supreme Court unanimously ruled the DNR must consider impacts to surface waters when permitting highcapacity wells. DNR followed this clear ruling until former Attorney General Brad Schimel issued a misguided and politically-motivated advisory opinion stating that DNR does not have the authority to consider whether wells are harming the landscape when responding to applications. Clean Wisconsin sued and won in Circuit Court.

The Supreme Court must now decide whether it will side with its own recent, unanimous decision, based on over 120 years of case law, or instead decide that a handful of large farms can pump unsustainable amounts of water to the detriment of the rest of Wisconsin’s residents.

Kinnard Farms The second case concerns DNR’s authority to require large farms to monitor groundwater for contamination caused by manure spreading, and to limit the number of animals present at the farm at a given time. Kinnard Farms, the farm whose permit is at issue in this case, is in Kewaunee County, where the contamination of private wells used for drinking water is both extensive and long-standing. Both the administrative law judge who heard the initial challenge and the circuit court judge in this case agreed that monitoring and farm size limits are sensible standards to ask farms to meet to address groundwater contamination, and that DNR has ample statutory authority to include those standards in water pollution permits. We will ask the Supreme Court to agree with the lower courts that DNR may ask these farms to take these simple steps to address a problem they in part cause. If DNR does not have the authority to ask farms to meet science-based standards, then it simply cannot fulfill its duty to protect Wisconsin’s residents from environmental harm.

These cases have the potential to shape the state’s water policy in coming years. The Court must understand that issuing a ruling at odds with long-standing legal principles will endanger Wisconsin’s natural resources and imperil the health and well-being of the state’s residents.

from the President & CEO It’s going to take more than a polar vortex bringing minus 50 degree temperatures to chill my excitement for 2019. After too many years of Wisconsin government leaders abusing or ignoring our state’s precious natural resources, our new Governor seems poised to demonstrate an important value central to who we are as Wisconsinites: respect and love for the environment. Declaring 2019 the “Year of Clean Drinking Water,” Governor Evers started his tenure by committing the state to find solutions to the drinking water challenges that many residents in Wisconsin unMark Redsten fortunately face on a daily basis.

President & CEO Whether a person gets drinking water from a contaminated well in rural Wisconsin, or from the tap in a city delivering it through lead pipes, there is reason for hope in 2019. Leaders in both political parties are indicating they want to address this drinking water and health emergency. Rest assured, Clean Wisconsin will work earnestly with the new Evers Administration, Republican leaders in the legislature, as well as farmers, state agencies, and other stakeholders to advocate for science-based solutions that protect public health and result in clean, accessible drinking water for all Wisconsinites.

In this issue of The Defender, you’ll read about our work supporting the Year of Clean Drinking Water, along with other updates about our critical program work to protect Wisconsin’s clean water and air: our successful legal actions demanding environmental protections for drinking water, wetlands, and lakes and rivers by the DNR, and for protections to public health from ozone pollution in our lawsuit against the Trump EPA; our efforts to highlight, through scientific studies, the magnitude and sources of drinking water problems in rural Wisconsin; and our work to protect communities in Southeast Wisconsin and along the Lake Michigan coast from toxic PAH pollution from coal-tar pavement sealants.

Even with new optimism, hard-working Clean Wisconsin staff, and supportive state leaders, we’ll need your continued help in 2019 speaking out and expressing your concerns to decision-makers. You can do that by joining our email Action Network at www.cleanwisconsin.org/act.

As the weather warms and the legislature takes more action, we’ll email asking you to speak up for our state’s natural resources at critical moments. When that happens, I know we can count on you!

Thank you for all you do for Wisconsin’s environment, whether you’re a new supporter or have been a member for many years. We value your support and commitment to protecting the water, air and landscapes that make our state great.

From all of us, we wish you a wonderful 2019!

clean wisconsin is a proud member of

Meteor Timber Last May, when Clean Wisconsin prevailed in its challenge to a wetland fill permit that would have allowed the permanent destruction of over 16 acres of pristine, imperiled wetlands, we knew it was a big victory for both wetlands and the integrity of the permitting process. continued on Page 5

www.cleanwisconsin.org 3

Clean Wisconsin partners with local groups to tackle toxic coal-tar pavement sealants

By Ezra Meyer Water Resources Special

Clean Wisconsin has built another coalition of environmental organizations, this time in northeastern Wisconsin, to work on the local level to tackle the issue of high levels of toxic PAHs in our communities and in our lakes and rivers.

Driveway and parking lot sealants made with coal tar, a toxic byproduct of the steel-making process, contain extremely high levels of a group of chemical compounds called polycyclic aromatic hydrocarbons, or PAHs for short.

PAHs can cause cancer and developmental problems in children and pollute our rivers, lakes, and Lake Michigan, harming fish and other aquatic wildlife.

Research done by the United State Geological Survey and by Clean Wisconsin shows that in Wisconsin urban areas, coal tar-based pavement sealants are the principal source of PAHs that end up in our waters, homes and other buildings.

The good news is that alternative pavement sealant products are readily available on the retail market and they are cost competitive with the coal tar-based products while containing hundreds or thousands of times less PAHs. We are working hard to build on our successful work in 2017 and 2018 with partners including Sweet Water, Milwaukee Riverkeeper, and the Milwaukee Metropolitan Sewerage District in educating local communities in Southeastern Wisconsin on this issue. That effort led 13 communities in the Milwaukee area to take local action to curb the use of highPAH pavement sealants by property owners and contractors.

This year, we are working with our partners at the Lakeshore Natural Resource Partnership, the Fox-Wolf Watershed Alliance, and others along the Lake Michigan coast from Sheboygan up to Door County and back down through Green Bay and the Fox Valley to Appleton. We continue to educate members of the public and staff and elected officials at local municipalities

Coal-tar pavement sealants contain high levels PAHs, a toxic pollutant. Children who live near driveways or parking lots with coal-tar sealants have a 14-time higher lifetime cancer risk than kids who do not live near pavement sealed with coal-tar products. (File photo)

about PAHs, the human health and environmental threats they pose, how coal tar-based pavement sealant products are the major culprit putting PAHs into the environment, and what can be done about it at the household, business, and local government levels to reduce those risks.

This month, the City of Sheboygan passed an ordinance, making them the 14th municipality in the state, and the first in Northeastern Wisconsin, to ban coal-tar sealant products.

We have hosted several presentations in in Northeastern Wisconsin this winter, and will be presenting in Manitowoc and Green Bay in the coming weeks. You can find details about the events at our webpage, www.cleanwisconsin.org/pah. We hope you’ll join us.

We will also be taking this work to the Lake Superior coastline this winter and spring, as well as working with more communities along Lake Michigan in Southeastern Wisconsin. This work

CLEAN WISCONSIN TELLS EPA TO REDUCE UNHEALTHY SMOG

By Susan Hedman, Of Counsel

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F0ND DU LAC [64].

HARRINGTON BEACH [73]

HORIC0N [65].

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* 2017 values have been certified by the state, and EPA has concurred with our certification.

around the coastal portion of the state is funded thanks to Wisconsin’s Coastal Management Program and the National Oceanic and Atmospheric Administration, as well as by a grant from Freshwater Future.

The good news on this worrisome issue is this: studies in areas that took a proactive approach to this issue and passed coal-tar sealant bans have shown a significant reduction in PAH pollution, so we know these local protections work.

That’s why we’re so excited to be working with so many local Wisconsin communities who are now considering taking action on this issue.

Many local elected officials have expressed to us a strong interest in taking these important, common-sense steps to protect ourselves and our environment from this easily controlled pollutant.

For more information on coal-tar sealants and to find an event near you, please visit www. cleanwisconsin.org/pah.

Clean Wisconsin is opposing the U.S. Environmental Protection Agency’s (EPA) proposal to grant a 1-year extension for Sheboygan County to comply with the 2008 ozone air quality standard. We are also challenging EPA’s implementation of the 2015 ozone standard in Sheboygan County—and eight other eastern Wisconsin counties. In these matters, Clean Wisconsin is standing up to EPA for failing to protect Wisconsin kids and other people from dangerous ozone pollution, which poses a risk to public health. Locations where ozone levels exceed the 2008 and/or 2015 standards are shown on the accompanying map.

Ozone Standards Protect Public Health EPA strengthened ozone air quality standards in 2015 based on medical research showing that the 2008 standards did not fully protect public health. The 2015 standards were designed to improve air quality and to reduce health risks for children, older adults and people who have lung diseases such as asthma and emphysema.

Ozone can also be harmful to healthy people who spend time outdoors working, exercising or recreating. continued page 7

SWIGG STUDY KEY FINDINGS

SWIGG continued from cover

Some farmers are already using cover crops and adjusting when they apply manure, both of which can help reduce the amount of nitrate that leaves the soil where our crops can access it and pollutes the groundwater.

In some places with very shallow soils and cracked bedrock, we might have to reduce the amount of nitrogen put on fields to try to find a compromise between maximizing yields and maintaining profitability and protecting drinking water. And changes to septic system design might also be in order.

As the SWIGG study continues, we’ll gain more valuable information on the scale and scope of contamination in Southwest Wisconsin and where the contaminants are coming from.

We already know, though, that the vast majority of nitrate in our groundwater comes from agricultural sources, though areas with a high density of septic systems can also contribute a substantial amount.

Clean drinking water is a public health issue and an economic issue.

Everyone needs clean water to live healthy, high quality lives. Families and businesses in Southwest Wisconsin want to know the community cares about clean water and is willing to take action to protect it.

Some people might be tempted to focus on who to blame for our water woes. What’s more important is that we all work together to figure out how to fix the problems. We need farmers, residents, scientists, and our elected leaders to look at the facts, understand the problem, and find and support solutions together.

We may all have to make some sacrifices, but it is in service to a higher calling: making sure every family in our community can turn on the tap in the morning and safely drink the water.

42

Percentage of wells that tested positive for coliform and/or nitrate pollution in Grant, Iowa, and Lafayette counties.

Percentage of wells that tested positive for coliform and/or nitrate pollution in Lafayette County alone the highest rate of contamination of the 3 counties in the study.

33

55

Percentage of wells that tested positive for the same contaminants in Kewaunee County.

What are the health risks with coliform and nitrate contamination?

Coliform is an indicator of the presence of harmful pathogens that can cause illness in humans or animals.

If your well tests positive for coliform, you should have your well tested for an array of bacteria such as e. Coli, which can cause severe sickness and a type of kidney failure in children that is life-threatening.

High nitrate levels are especially dangerous for women who are pregnant or are about to become pregnant and young children, and a growing body of evidence suggests they increase the risk of thyroid disease and colorectal cancer in adults. Fetuses can suffer life-threatening malformations in their neural systems from nitrate exposure, and in both fetuses and infants, nitrate can prevent the body from obtaining the oxygen it needs.

If your well tests positive for nitrates or coliform, stop drinking and cooking with the water.

Water Cases continued from page 3

We also knew, however, that it was likely not the end of the matter.

Shortly after the judge issued the decision in that case, the company seeking the permit, Meteor Timber, asked former DNR Secretary Dan Meyer to reverse the judge’s ruling and put the permits back into effect.

Despite Clean Wisconsin’s objection to DNR having the final say over its own permitting decision, the Secretary agreed to review the matter, and appointed a DNR attorney to determine whether the DNR should have issued the wetland permit. Clean Wisconsin went to court to stop this review, arguing that it is not authorized by law, but the court determined that the matter would have to wait until after the DNR attorney issued his decision.

Meteor Timber is seeking this permit to construct a frac sand transloading facility, to ship frac sand mined nearby to other parts of the country where it will be used to extract fossil fuels. The White Pine-Red Maple Forested wetland that would be destroyed to construct this facility are so rare as to be classified as “imperiled”

by Wisconsin’s Natural Heritage Inventory. Meteor Timber’s plan to compensate for the immense ecological loss caused by the destruction of this wetland is scientifically unsound, and DNR’s own wetland experts were ignored when this permit was issued. In fact, a recently-retired DNR wetland ecologist testified that she and other staff were directed to issue the permit, regardless of what the science and environmental standards required.

As we go to press, DNR’s attorney has still not issued a decision.

While we await a decision, the permits remain invalid, meaning that the wetlands cannot be filled. www.cleanwisconsin.org

(Photo by Nicole Harrington)

5

Trump Administration’s proposed rollback to the Clean Water Rule puts drinking water at risk

By Ezra Meyer Water Resources Specialist

The Trump Administration is proposing significant rollbacks to the Clean Water Rule advanced by the Obama Administration.

Drinking water crises in parts of Wisconsin, such as in the City of Milwaukee and in Kewaunee County, and across the country, in places like Flint, Michigan, and Toledo, Ohio, are stark reminders that now is not the time to move backwards on water quality protections for our drinking water. We all need clean drinking water, whether we get ours from surface waters like the Great Lakes or from groundwater aquifers like so many in Wisconsin outside the Great Lakes basin. As we all know, all of our The Trump Administration’s proposed rollback of the Clean Water Rule would lift protections for wetlands and small streams, which poses a significant threat to drinking water for precious water resources are millions of Americans. (USFWS Midwest Region, Flickr) intimately connected. wetland protections in the Capitol and the that, having declared 2019 the Year of Clean Trump's U.S. Environmental Protection courts. Acting like sponges, wetlands help Drinking Water. We cannot afford the Agency (EPA) wants to roll back protections to filter pollutants in runoff when it rains, federal government scaling back the rules for wetlands and small headwater streams. ensuring the water that ends up in our for big polluters. We all need to make our But we cannot allow pollution from sources lakes, rivers, and streams is clean. Despite voices heard for federal clean water rules like mining, manufacturing, and large live- this, state wetland protections in Wisconsin that strengthen, not weaken, protections stock farms into small waterways without were undone in the last legislative session, for clean, safe drinking water, as well as impacting all of the waters we depend on. threatening these important waterbodies. important habitats for fish and wildlife and Wetlands flow into streams, which flow into Now, the Trump Administration’s pro- beautiful natural areas we all enjoy. small rivers, into bigger rivers, into lakes, posed rollbacks of federal wetland protecWe need you to urge EPA to reject these including our Great Lakes, and ultimately to tions could lead to even fewer wetlands in rollbacks to protect our drinking water. You the oceans. We need to protect the integrity Wisconsin, putting our water at further risk can submit a comment at our Action Center of all of the parts of our hydrologic system. of pollution. at www.cleanwisconsin.org/act and sign up Wetlands are critical resources for proThe government at all levels needs to step for emails for further opportunities to make tecting the quality of our water, and Clean up its efforts to protect our drinking water. your voice heard on this issue.

Wisconsin has been a strong advocate for At the state level, Gov. Evers is doing just

8th Annual Conference Thursday, March 14, 2019 Memorial Student Center University of Wisconsin-Stout, Menomonie 8:30 a.m. - 4:15 p.m.

LAND

WATER

Growing A Revolution: Bringing Our Soil Back to Life David R. Montgomery Professor of Geomorphology, Department of Earth & Space Sciences University of Washington Seattle, Washington

6

Fox Demo Farms: Building a Success Story in Northeast Wisconsin Whitney Prestby Natural Resource Educator, UW-Extension Barry Bubolz Area GLRI Coordinator, NRCS Dan Brick Owner and operator, Brickstead Dairy Dan Diederich Owner and operator, Diederich Farm LLC

PEOPLE

Managing Water Now: Individual Behaviors, Structural Barriers, and the Inevitability Of Change Paul Robbins Director, Nelson Institute for Environmental Studies University of Wisconsin-Madison Madison, Wisconsin

More info online at www.uwstout.edu/profed/redcedar

Fall 2018

Smog

Continued from page 4

Ground-level ozone is often called smog because of the haze that is visible on high ozone days. Ozone levels rise when two pollutants—nitrogen oxides and volatile organic compounds— react with heat and sunlight. The largest sources of these “ozone precursor” pollutants are motor vehicles, industrial facilities and fossil fuel-fired electric power plants.

Clean Wisconsin Opposes Extension for Sheboygan County to Meet 2008 Ozone Standard In December, Clean Wisconsin filed comments opposing EPA’s proposal to grant a 1-year extension for Sheboygan County to meet the 2008 ozone air quality standard. The extension was requested by the Wisconsin Department of Natural Resources (DNR). An extension would allow DNR to further delay taking steps to reduce ozone levels in Sheboygan County—a

full decade after the 2008 ozone standard was adopted.

Clean Wisconsin’s comments explain that the proposed extension violates the Clean Air Act—which does not allow extensions in areas where the ozone standard has been exceeded more than once in the prior year. Sheboygan County fails to qualify for an extension because Sheboygan County air quality monitors recorded several violations of the 2008 standard during the year preceding the proposed extension year.

Consequently, EPA must deny DNR’s request for an extension for Sheboygan County because the county does not meet applicable legal requirements under the Clean Air Act. Clean Wisconsin’s comments also argue that there is an urgent need to accelerate (not delay) measures to reduce ozone levels in Sheboygan County. Further delay means Sheboygan County residents will continue to be exposed to unhealthy ozone levels that trigger asthma attacks

and other respiratory symptoms.

Rather than proposing to further delay additional steps towards attainment in Sheboygan County, EPA and DNR should be acceler ating ef for ts to bring Sheboygan County into attainment with the 2008 ozone standard.

Clean Wisconsin v EPA Asks Appeals Court to Strike Down 2015 Ozone Designations Clean Wisconsin is challenging EPA’s final decision designating areas in Wisconsin that meet the 2015 ozone air quality standard. The final decision dramatically modified “intended designations” which EPA announced just six months earlier—thereby reducing the areas in Wisconsin required to reduce emissions that cause or contribute to unhealthy ozone levels.

EPA’s final decision reversed intended nonattainment designations for three counties (Racine, Washington and Waukesha) and significantly reduced areas designated nonattainment in six

other counties (Door, Kenosha, Manitowoc, Milwaukee, Ozaukee and Sheboygan).

Clean Wisconsin argues that EPA’s final decision ignored the Agency’s own scientific analysis, which shows that local emissions in all nine counties contribute to violations of the 2015 ozone standard. Rather than relying on its own analysis, EPA cited information submitted by DNR— which the Agency’s analysis expressly rejected or said could not be fully evaluated. Clean Wisconsin asks the D.C. Circuit Court of Appeals to strike down EPA’s final decision because EPA changed intended designations without a change in data to support doing so.

It is critical that EPA, whose mission is to protect human health and the environment, adequately safeguards the health of Wisconsinites from dangerous ozone pollution.

Clean Wisconsin is committed to holding our federal and state agencies to account so that every Wisconsin resident has clean air to breathe.

Legislature continued from cover

Republicans, who have already pledged to discard Gov. Evers budget bill and write their own.

Only sixteen current legislators were in office the last time Wisconsin had a Democratic Governor, and working with the divided government might have a steep learning curve.

At t h e s a m e t i m e , t r u e bipartisan compromise comes from divided government.

While there will certainly be times of gridlock, we think clean water and clean energy are two places where Republicans and Democrats can find common ground.

Through the opportunities and challenges alike, Clean Wisconsin will be your trusted voice in the Capitol and with state agencies to achieve progress toward clean air, clean water, clean energy and protecting the places we love.

Year of Clean Drinking Water From high nitrate levels and pathogen contamination in rural wells to lead service lines in communities large and small, clean drinking water is elusive for too many Wisconsin residents.

That’s why we were thrilled when Gov. Evers declared 2019 the “Year of Clean Drinking Water” and recently announced: www.cleanwisconsin.org

• $40 million to replace lead pipes; • $75,000 in state funding for the Southwest Wisconsin Geologic and Groundwater study (SWIGG) see also front page; • $1.6 million for homeowners to remediate contaminated wells; • $5 million to control polluted runoff from agricultural runoff and urban stormwater runoff; • $25 million for clean-up of five areas in the Milwaukee River and St. Louis River.

Those provisions are great news for getting clean water to Wisconsinites, and we’re incredibly pleased to see many of Clean Wisconsin’s water priorities acted on. In addition, Assembly Republicans have announced the formation of a water quality task force. There is no doubt that policymakers are looking for solutions to Wisconsin’s water problems.

We’ll be working hard during the legislative session to build bipartisan support for all clean water provisions and will keep you updated on how you can help.

Clean Energy and Climate Change

Wisconsin has a long way to go to regain our footing in the clean energy economy.

Our leadership on renewable energy and energy efficiency was steadily eroded during former Gov. Scott Walker’s tenure, where state government was actively prohibited from working toward climate change solutions.

By contrast, Governor Evers pledged during the election to get Wisconsin to 100% clean energy by 2050 and to uphold the Paris Climate Accord carbon emission reductions.

He recently announced that he will join the US Climate Alliance, which is a bipartisan group of governors committed to combatting climate change.

With the change in leadership and the current economics of renewable energy making wind and solar attractive energy choices, the time to push back against any ideological gridlock and promote clean energy solutions is now.

To start, the state needs to lead by example by purchasing renewables for its own use and in setting energy efficiency standards for state buildings.

The new administration can begin to position Wisconsin to reduce our carbon emissions

by m a k i n g p l a n s fo r t h e transportation sector, building a clean energy workforce, and using financial incentives for more clean energy purchasing.

We can also better utilize the state Focus on Energy program to increase energy efficiency.

A significant trend in energy is the electrification of the transportation sector. In 2016, transportation tied electricity as the single largest source of carbon emissions by sector, at 28%. By powering the transportation sector with electricity generated by wind and solar, we can make significant reductions in carbon emissions. We urge decisionmakers to use the remaining $25 million from Volkswagen settlement funds to help local governments purchase electric buses and to set up a more robust electric vehicle charging infrastructure around the state.

We have high hopes for the new legislative session, but to bring about change, we need you to be informed and engaged during these next two years.

Join our Action Network to get regular updates on the issues and be alerted when you should contact your elected officials to encourage them to support clean water and clean energy in Wisconsin.

Visit www.cleanwisconsin. org/act to sign up today.

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By Paul Mathewson Staff Scientist

Is Wisconsin seeing more heavy rain events?

One of the anticipated impacts of climate change in Wisconsin is an increase in extreme storms and subsequent flood events. Those of us in southern Wisconsin got a taste of this from the storm last August that dropped nearly a foot of rain in parts of Dane County, and many other areas of the state experienced similar heavy rain events. While it is impossible to definitively attribute a single weather event to climate change, is there any evidence that we are already experiencing more heavy rain events?

Using data from the Midwestern Regional Climate Center, I looked at how many days weather stations in the state reported at least 4 inches of rain falling within 24 hours. I limited the analysis to the 112 stations with complete rainfall records dating back to 1980 so year-to-year variation would not be affected by differing numbers of weather stations reporting data.

Overall, there has been a slight upward trend in the number of stations reporting heavy rain events in the state since 1980 (Figure 1). Most of this trend is driven by a sharp uptick in heavy rain events since 2012.

Northwestern Wisconsin has been particularly hard hit by this increase. The National Climatic Data Center divides up each state into various areas that have relatively similar climates. In the past decade, Wisconsin’s Climate Division 1 has seen at least three 100-year storms (i.e., storms that have a 1-in-100 chance of happening in any given year, based on historical rainfalls in that location) and one 50-year storm (Figure 2). Similarly, Climate Division 2 has seen at least five 50-year storms in the past 10 years.

Whether this is the start of a long-term trend that will redefine our new normal remains to be seen, but at least there is some evidence that we are not just imagining more heavy rain in recent years. If this is the start of the new normal, appropriate stormwater management and the preservation of wetlands will be critical to minimizing the impacts of more frequent extreme rainfalls. Unfortunately, as Ezra describes on page 6, the proposed revisions to the Waters of the United States rule are step in the wrong direction as they will remove protections for many wetlands.

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Reports of 4 inches of rain falling within 24 hours in Wisconsin 30 25 20 15 10 5 0 19 80 19 82 19 84 19 86 19 88 19 90 19 92 19 94 19 96 19 98 20 00 20 02 20 04 20 06 20 08 20 10 20 12 20 14 20 16 20 18

Under the Lens

Figure 1. The number heavy rain events reported by weather stations in Wisconsin. The dashed line indicates the best-fit trend line. Multiple storms reported by an individual station within a given year are included in these counts.

Figure 2. Map of 50- or 100-year storms since 2009 in northwest Wisconsin. Note that each storm is marked by a representative location; other areas in the region may have also seen extreme rainfall from the same storm.

Winter 2019

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