Defender
Winter 2016 join us:
Restoring Recycling Funding AB 515/SB 340 | Sen. Cowles & Rep. Tittl The bills will restore $3 million to the recycling fund. You may remember in the 2015 budget bill, the Governor cut $4 million from this fund, which has seen its funding steadily decrease in recent years. This bipartisan effort to repair the budget cut is hopefully a sign that we have seen the last of the continued attacks to this popular program.
Water Law Changes
Barreling Toward the End
With the end of the two-year legislative session nearing its conclusion this spring, things are moving fast and furious in the Capitol. The end of session is notorious for quick action, and it is critical that Clean Wisconsin members are making their voices heard. As of this writing, the following bills of great environmental importance were still pending.
AB 600/SB 459 | Rep. Jarchow & Sen. Lasee These egregious bills would allow huge amounts of dredging on lakes, more wetland fill, and deeds for publicly owned lakebed given to private interests. Fortunately, our voices were heard loud and clear during public hearings on the bills, with a packed room full of citizens who care about the quality of our waterways opposing these bills. While some changes are being proposed, they don’t go far enough to ultimately ensure our waters are protected.
Cuts to Focus on Energy AB 804 | Rep. Kuglitsch & Sen. Roth Focus on Energy is a public program that provides Wisconsin state residents and businesses with resources, incentives and support to implement energy-efficiency projects. This program directly assists almost 200,000 Wisconsin residents and businesses per year and saves all Wisconsin ratepayers money by holding the line on costly new energy generation. The Focus on Energy program generates $3 in energy savings for each $1 invested, is responsible for creating 24,000 jobs and almost $2 billion in sales for Wisconsin businesses, and has helped offset more than two gas powerplants’ worth of electricity demand. AB 804 would cut the program by more than $7 million, leading to higher rates and more health impacts from increased air emissions. A committee hearing is expected on the proposal in early February.
Groundwater/High-Capacity Wells Three different bills are still pending in the Legislature to address the impacts of over-pumping of groundwater on Wisconsin’s lakes, rivers and streams. In October, Wisconsinites packed a hearing room to express their frustration at AB 477/SB 291, a bill that would do little to resolve the huge problems of water drawdowns. That outcry caused several months of negotiations to find a solution to adequately protect our waterways. So far that compromise has not come to fruition, and we are trying to prevent Senator Gudex’s SB 239 from passing, legislation that
Nonprofit Org U.S. Postage PAID Permit No. 1291 Madison, WI
By Amber Meyer Smith, Director of Programs & Government Relations
continued on page 9
a new look at
TRANSMISSION LINES
Clean Wisconsin working ahead to identify issues of concern with Cardinal Hickory line proposal
Clean Wisconsin 634 W. Main St., #300 Madison, WI 53703-2500
By Katie Nekola, General Counsel
In the last five years or so, Wisconsin has experienced a large-scale upgrading of its highvoltage transmission system across the state. The controversial CapX line crossed the Mississippi River in the La Crosse area, and the even more hotly contested Badger Coulee line was approved to run from La Crosse to Madison. Other lines are being proposed and approved in other parts of the state as well. Clean Wisconsin has intervened in Public Service Commission (PSC) transmission cases in order to advocate for routing, construction and corridor maintenance practices that would protect our valuable natural resources.
Also in this issue
continued on page 5
Waukesha Advances | Clean Power Plan Report | Big Share
&Events
News, Notes
FEBRUARY IS PLANNED GIVING MONTH
Giving in all shapes and forms is important and critical to helping Clean Wisconsin’s mission of protecting and preserving our clean air, water and natural heritage. As February is Planned Giving Month, it’s the perfect reminder that designating Clean Wisconsin in your will or estate plan is an easy way to leave a lasting legacy of your desire to continue this important work for Wisconsin for generations to come. Also, have you heard the news? In December, Congress approved new federal legislation extending the charitable IRA rollover for 2015 and made the tax-savings measure permanent moving forward. For donors aged 70 1/2 or older, transfers up to a total of $100,000 from Traditional and Roth IRAs can be made directly to Clean Wisconsin. The transfers will be made free from federal income tax, and the gifts count toward the IRA’s required minimum distribution for the year in which the gift was given. This is an easy way to make a gift to Clean Wisconsin today! For more information on how to add Clean Wisconsin to your estate plans or make a direct contribution from your IRA, contact Angela Cao at acao@cleanwisconsin.org or 608-251-7020 x 17.
SAVE THE DATE FOR THE NEXT SPEAKERS EVENT
As of this writing, we are still hashing out the details for the next installment of the Doug La Follette Environmental Speakers Program, but we do know that event will be held in Madison in April. Wine and food will be provided. Keep checking our website, www.cleanwisconsin.org/events, for details.
2016 marks many changes on our Board. Clean Wisconsin is excited to welcome a new executive team and two new members, while saying goodbye to some long-time, stellar board members. Andrew Hoyos Elizabeth Feder, PhD, a health policy analyst at the Health Policy Institute within the UW School of Medicine and Public Health, is our new board chair. Liz’s work focuses on issues of access, equity, and affordability. She currently serves as coordinator of the Evidence-Based Health Policy Project and consults on a range of projects in the Institute. We know Dr. Feder will help Clean Wisconsin with our strategic plans to engage with science and health care leaders — clinicians, researchers and administrators of all kinds — who see the important connection between a healthy Mark McGuire population and clean water and air. The Clean Wisconsin Board Executive committee will change to include Karen Knetter, Vice Chair; Glenn Reinl, Secretary; Gof Thomson, Treasurer; and Carl Sinderbrand, past chair. Their dedication to our mission, coupled with their practical, real-world advice, will help guide Clean Wisconsin as we face new challenges and opportunities in the coming years. Clean Wisconsin is also lucky to have two new Board members: Andrew Hoyos and Mark McGuire. Andrew and Mark have a passion for our mission; a great understanding of the role technology plays in our world and how that is impacting Clean Wisconsin and our work; and tremendous business success. These are all great assets for to help lead Clean Wisconsin! In 2015 we said good-bye (but just for now) to three outstanding Board members: Margi Kindig, who served as a previous board chair; Bruce Wunnicke, and Chuck McGinnis. Although they’re leaving our board, we’ll remain closely connected to these friends of Clean Wisconsin! I want to personally thank these leaders for their sacrifice, generosity and the positive impacts they have made. We are humbled by the time they took to make Clean Wisconsin a top-notch organization.
• Join our Action Network at cleanwisconsin.org • Watch legislative floor sessions, committee hearings and interviews at wisconsineye.org • Sign up to receive notifications about action on bills you care about at http://notify.legis.state.wi.us • 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 46, No. 1 Issue date: January 2016 ©2016 Clean Wisconsin. All rights reserved. ISSN # 1549-8107
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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 Development Director Angela Cao Director of Science & Research Tyson Cook Chief Financial Officer Nick Curran, CPA Development Associate Jonathan Drewsen Organizing Hub Co-Director Melissa Gavin Water Quality Specialist Scott Laeser
New Year, New Board
Stay informed on what’s happening in our state government
634 W. Main St., #300 • Madison WI 53703 Phone: 608-251-7020 www.cleanwisconsin.org
Staff Scientist Paul Mathewson Director, Programs & Gov’t Relations Amber Meyer Smith Water Resources Specialist Ezra Meyer General Counsel Katie Nekola Staff Attorney & Climate Resilience Project Manager Pam Ritger Senior Policy Director Keith Reopelle Grant & Foundations Manager Ella Schwierske Midwest Clean Energy Coordinator Sarah Shanahan Communications & Marketing Director Amanda Wegner Senior Staff Attorney Elizabeth Wheeler
BOARD Chair Liz Feder, Madison Vice Chair Karen Knetter, Madison Secretary Glenn Reinl, Madison Treasurer Gof Thomson, New Glarus Past Chair Carl Sinderbrand, Middleton Belle Bergner, Milwaukee Shari Eggleson, Washburn Elizabeth Feder, Madison Scott Froehlke, Montello Gary Goyke, Madison Andrew Hoyos, Edgerton Mark McGuire, Madison Arun Soni, Madison Board Emeritus Kate Gordon, San Francisco Board Emeritus Chuck McGinnis, Middleton
Printed with soy ink on unbleached, recycled paper.
Winter 2016
from the President & CEO
The Next Step
As we turn the page on the past year and look forward to all that 2016 has to offer, I want to thank you for your committed and passionate support for our work at Clean Wisconsin. You are the cornerstone that makes all that we do possible, from our scientific research to our legal advocacy, giving us the voice to protect and preserve our state’s natural legacy. For that, I cannot thank you enough.
Waukesha’s Diversion Application heads to the Regional process By Ezra Meyer, Water Resources Specialist
Remarkably, it has been nearly six years since we started tracking Waukesha’s application to divert water out of the Great Lakes Basin. After being deemed “approvable” by the state in December, the application was forwarded to the Regional Body and Compact Council in January, setting the next phase of the process in motion. The Regional Body includes an elected official from each of the other seven Great Lakes states and Canada’s two Great Lakes provinces Ontario and Quebec; the Compact Council consists of the governors of the eight Great Lakes states only. All these entities, as well as representatives from the Native Tribes in each country, will provide their input on the application and opportunities for public input will be required. When the Regional Body’s review is concluded (we anticipate this will happen in April), it will issue a Declaration of Finding, which may be a denial, an approval, or an approval with conditions of Over the next two months, the application. you have two opportuniFrom there, the Compact ties to provide your input Council will consider the Re- to the Regional process: gional Body’s Declaration and issue its final decision. If all memPUBLIC HEARING bers of the Compact Council On Thursday, Feb. 18, vote to approve or approve with a public hearing will be conditions, Waukesha’s diverheld Waukesha by the sion can move forward. If there Great Lakes states and is even one dissenting vote, it provinces. Interested cannot. parties are invited to Once again, it is important testify at this hearing. that everyone who cares about the Great Lakes and proper imWRITTEN COMMENTS plementation of the Great Lakes The states and provinces Compact makes their voice heard will accept written in this process; see opportunities comments before March at right. 14. Details on the public hearing and on how to The core question in all this submit written comments is whether Waukesha meets the can be found at www. Compact’s standards for an exprotectourgreatlakes. ception to the ban on diversions: org or at the Compact We do not think so and disagree Council’s website, www. with the DNR’s decision to prewaukeshadiversion.org. liminarily approve Waukesha’s diversion application and send it to the Region for review. We believe everyone deserves clean, safe water, but have long been opposed to Waukesha’s application as the city has failed on some basic elements outlined in the Compact. For instance, our legal and technical analysis makes it clear that Waukesha’s application fails to demonstrate that Waukesha has no other water supply alternatives, when indeed it does. Waukesha is also asking for far more water than it needs, including surrounding communities that have absolutely no need for Great Lakes water, now or in the foreseeable future, in its application. For details on the position of Clean Wisconsin and our Compact Implementation Coalition partners, visit www.protectour-
Mark Redsten President & CEO
The beginning of the new year looks filled with both struggle and strength. The two-year Legislative session is coming to a close this quarter and with it, a flurry of bills concerning Wisconsin’s water will be considered, covering issues ranging from groundwater depletion to shoreline zoning. Likewise, Waukesha’s proposal to divert water from the Great Lakes, which challenges the Great Lakes Compact signed in 2008, is under consideration by the Great Lakes region. Some of these proposals could have a detrimental impact on our lakes, rivers, wetlands and watersheds, and our legal team is working hard to safeguard our state’s abundant and cherished resources. During this busy time, we remain confident in our advocacy for maintaining protective measures of Wisconsin’s water. We are excited for all the work that lies ahead in 2016. A few of our largest foundation partners have greatly increased our funding for the year, enabling us to continue our groundbreaking scientific research, impactful legal projects, poignant communications efforts and strategic work in Southeastern Wisconsin. We are so grateful for this funding and excited to expand our multifaceted programming. With these investments, we can strongly forge ahead in our efforts to protect the Great Lakes, implement the Clean Power Plan and engage in Utility of the Future projects. The year ahead promises hard work and hopeful results. Certainly, protecting our state’s environmental treasures proves to be a constant struggle, and 2016 will be no different. But because of you and your support, the reward of clean air, sparkling water and sustainable energy solutions for all Wisconsinites remains alive and well.
Thank you,
greatlakes.org.
Lake Michigan
PHOTO: IA.D. WHEELER/FLICKR
Please take the time to make your voice heard so the other Great Lakes states don’t arrive at the same flawed conclusion as Wisconsin. The future of the Great Lakes hang in the balance.
Now in its second year, The Big Share is an online day of giving supporting Community Shares of Wisconsin member nonprofits ... including Clean Wisconsin!
Save the date for March 1, then head online to give generously. Or, you can make your gift at any time and your donation will count toward the Big Share on March 1!
www.cleanwisconsin.org 3
PROTECTING WISCONSIN’S DRINKING WATER As Northeast Wisconsin struggles with persistent groundwater contamination, DNR backtracks on monitoring for compliance By Elizabeth Wheeler, Senior Staff Attorney
For anyone following the groundwater debate in Wisconsin, “Karst” has become a household name; for those newly aware of the issue, it is a key term with which to familiarize yourself. Karst topography refers to a type of bedrock that can be found across much of Wisconsin, specifically, bedrock that is extremely porous, full of fractures, caves and sinkholes created as water dissolves the rock. This geologic feature has become the protagonist in the story of groundwater contamination in Wisconsin because the fractures, caves and sinkholes create a direct route for contaminants to get into the groundwater without the filtration that is typically provided by a less-permeable foundation.
THREATS TO DRINKING WATER For residents who rely on private drinking water wells, living in an area with Karst topography can be especially problematic, and land-use activities in Karst areas must be carefully managed to prevent contaminants from reaching private wells. Unfortunately, this problem has been highlighted in Kewaunee County, where recent Department of Natural Resources (DNR) testing shows that approximately 30% of private drinking water wells in the county are contaminated. The situation has created significant alarm among residents, and they have asked DNR and the EPA to step in to help. In October 2014, Clean Wisconsin, along with a number of other state, local and national organizations, petitioned the EPA to exercise its emergency powers under the Safe Drinking Water Act to help remedy the situation. Although DNR is still conducting its investigation into the source of the groundwater contamination, there is strong evidence that the contamination is being caused by the intensive agricultural practices in the area. Kewaunee County is home to nearly 100,000 cows housed on just over 1,000 miles. Manure Clean Wisconsin views square produced by the aniis landspread on this legal position to mals nearby farms to provide the necessary ferbe a threat to tilization and nutrients groundwater quality to sustain the crops. However, overapplying across the state. manure can result in and bacteria If DNR cannot require nutrients leaching into groundthrough the pomonitoring, how can water rous bedrock. While we ever make sure our a vast majority of the crop land in Kewaunee drinking water isn’t is regulated through nutrient management being polluted? plans, there is strong evidence to suggest that the animal-to-land ratio is simply not sustainable. After all, nutrient management planning is intended to maximize crop yield and minimize loss of nutrients, but the standard itself contains a caveat that it is not designed to meet water quality standards. Clean Wisconsin has been working with the other Safe Drinking Water Act petitioners, including the Clean Water Action Council, Environmental Integrity Project, Kewaunee CARES, Midwest Environmental Advocates and Midwest Environmental Defense Center, to push DNR to obtain a safe and reliable source of clean drinking water for local citizens, while also asking DNR to step up its oversight and enforcement of landspreading activities and rules. Despite this effort, DNR made the decision last fall that it did not have the authority to require groundwater monitoring of landspreading activities because of a 2011 law that sought to limit the authority of state agencies. This state law is now the subject of legal actions.
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DNR’S ABOUT-FACE This law, 2011 Wisconsin Act 21, was an early Walker administration reform. Even before the state legislature’s other activities caught the attention of hundreds of thousands of protestors, the newly elected body was paving the way to roll back DNR (and other agency) authority over natural resources protection. The main way Act 21 affected agency power was by instituting a new, more onerous process for rulemaking. DNR rules are created to allow natural resource experts to establish the technical details of the laws that guide their actions, and are meant to apply technical expertise that the legislature couldn’t provide; agency rules are a critical part of implementing natural resource laws. Act 21 language also prohibited an agency from including any protection in a permit that wasn’t explicitly allowed for in the law. This latter provision was the basis for a September 2015 decision by DNR Secretary Cathy Stepp that DNR would no longer require groundwater monitoring on landspreading sites. This was a huge reversal for the DNR, which had until then defended its ability to monitor groundwater in order to make sure groundwater standards were met. While this decision will impact water protection on a number of different levels, it specifically impacts the permitting decisions for Kinnard Farms. In 2012, Kinnard Farms applied for a permit to significantly expand its dairy operation in Kewaunee County, in an area with Karst topography and already high groundwater contamination rates. After hearing from many technical experts and local citizens about the threat to groundwater quality, Administrative Law Judge Jeffrey Boldt ordered that DNR could only issue the permit if it made sure the groundwater was being monitored to prevent further contamination. Stepp’s decision to not require monitoring under the permit not only defies the adminstrative law judge’s decision, but flies in the face of proper protections for our drinking water. LEGAL ACTIONS FILED Clean Wisconsin views this legal position to be a threat to groundwater quality not just in Kewaunee County, but across the state. If DNR cannot require monitoring, how can we ever make sure our drinking water isn’t being polluted, and start to reverse the trend of manure application fouling our waterways? For this reason, Clean Wisconsin has filed a lawsuit in the Dane County Circuit Court to challenge this decision by the DNR. The suit has been joined with a similar lawsuit filed by residents of Kewaunee County, represented by Midwest Environmental Advocates. Gone unchecked, Act 21 could make it incredibly difficult to hold polluters accountable through state regulations. Without the ability to monitor, it will be nearly impossible to determine whether permittees are complying with the terms of their permits, and it will be difficult or impossible to enforce against any violators. Citizen monitoring can be cost-prohibitive and can be limited due to access issues. Clean Wisconsin believes that DNR’s decision in this case is wrong, and we will continue to advocate for stronger DNR authority to continue its mission to protect and enhance our state’s natural resources. Winter 2016
Transmission Lines from cover In the CapX 2020 case, we successfully argued against routing the poles and wires through the Van Loon wetland, which is an important habitat for migratory birds along the Mississippi flyway. In the Badger Coulee case, we advocated for routes that would avoid the most sensitive areas as well as sustainable corridor maintenance that would protect against invasive species and preserve habitat. We supported similar practices in the Bay Lake case, which is a transmission line approved for northeastern Wisconsin.
WHAT’S ON DECK The next big transmission project that we expect to see at the PSC in 2016 is the Cardinal Hickory Creek line, which would span about 125 miles between Dubuque, Iowa and Middleton. Early maps of the study area (the area within which the lines would be routed) indicate that there are plenty of valuable natural resources that must be avoided: Wisconsin’s Driftless Area is well-known for its beautiful bluffs, grasslands, parks and wildlife refuges. This time, we have begun the process of identifying and mapping areas of concern well before American Transmission Company (ATC) files its application with the PSC, as well as meeting with the many conservation groups that exist in southwestern Wisconsin to hear their perspective on what will be most important to protect. Clean Wisconsin’s legal and science staff, along with local land use advocates and RENEW Wisconsin, are working together to create a comprehensive inventory of those areas of concern and our joint recommendations regarding how this project can move forward. We hope to present this inventory and those recommendations to ATC early in 2016 and influence its siting decisions before they are submitted to the PSC for approval. RENEWABLE ENERGY BENEFITS The Cardinal Hickory Creek project, like some other 345-kilovolt transmission lines, has been designated a “multi-value project” by the MISO regional transmission organization, which means, among other things, that it would expand the infrastructure to allow for the greater use of renewable energy. Currently, thousands of megawatts of renewable energy are waiting in line to connect to the grid because there is inadequate transmission capacity to carry the power they would produce. This, of course, puts renewable energy at a disadvantage in the energy market. Providing more access to transmission and allowing that renewable energy to be created would result in less need for expensive and polluting fossil fuel-generated electricity. In fact, because wind and solar power have no fuel costs, renewable energy generators could bid their output into the MISO market below the price set for fossil fuels like coal, forcing more coal power off the grid. BALANCING ENVIRONMENTAL IMPACTS WITH RENEWABLE INFRASTRUCTURE Clean Wisconsin has never been in favor of overbuilding utility infrastructure, and we have opposed new coal plants and some trans-
Driftless Area
mission lines in the past. In this case, we believe that it is critical to support the entry of new renewable energy onto the electric grid so we can meet our carbon reduction goals and prevent further pollution of our air and water from mercury, soot and other harmful chemicals found in coal. At the same time, every building project has environmental impacts, and it is equally critical that those impacts be prevented and minimized as much as possible. That’s why we’re working well ahead of time to identify and mitigate the impacts of new transmission lines.
CARDINAL HICKORY STUDY AREA
www.cleanwisconsin.org 5
Clean Power Plan Compliance Can Save Wisconsin
$55M
Our December report highlights three compliance paths for the state By Tyson Cook Director of Research & Science
When the EPA finalized the Clean Power Plan in August 2015, it placed limits on carbon pollution from large fossil-fuel power plants. In Wisconsin, utilities have until 2030 to cut emissions to roughly two-thirds of 2012 levels. And while the EPA is clear about the targets utilities need to meet, it is also clear that the Clean Power Plan does not specify what pathway should be followed to reach the emissions target: that’s up to individual states to decide. In Wisconsin, utilities can make those cuts with upgrades at power plants to improve operating efficiency; by running efficient plants more than less-efficient plants; or by generating less electricity from highly polluting fuels like coal and replacing it with somewhat cleaner electricity from natural gas, or completely clean renewable electricity. Most importantly, though, we can reduce carbon pollution easily and cheaply here simply through conservation and efficiency measures like using more energy-smart appliances to use less electricity overall. The Clean Power Plan can be a great opportunity for Wisconsin. It can benefit our key industries and public health, which are being hit hard by climate change and will be affected even more in the future. It can push us into the 21st century of electricity generation, investing in our manufacturing and talent base instead of sending $14 billion out of state on imported fossils fuels each year, and directly save Wisconsin families and businesses money on their energy bills. Or, we could try to double down on burning the dirty coal that pollutes our air and water in Wisconsin, investing more in the large power plants that have raised our electrical rates 85% since 2000 and send even more money out of state to purchase allowances or credits from other states that are reaping the rewards of cleaning up their acts. The flexibility baked into the Clean Power Plan makes it crucial that we find and take the right path. At Clean Wisconsin, we’ve seen the EPA’s With a smart compliance plan national modeling and analysis showing that relying on energy efficiency, when done right, states can meet the pollution limits, cut emissions, realize significant the Clean Power Plan is a critical health benefits and reduce overall costs. step to improve the economy, What the EPA didn’t do though and, in fact environment and health of no one had done, was take an in-depth look specifically at Wisconsin’s electric industry, Wisconsin and its residents. match it with the requirements of the final Clean Power Plan, and determine the impacts and benefits to our state by cutting emissions in the smartest way possible. With that in mind, we took it upon ourselves to do a Wisconsin-specific analysis and found that by following a path that starts with expanded energy efficiency efforts, Wisconsin could meet the requirements of the Clean Power Plan and save money. For example, we modeled the impacts of a modest path forward that included increasing our electricity savings in the state (akin to doubling the Focus on Energy program where now we only invest a paltry 1.2% of retail electricity sales, despite a better than 3-to-1 payback), had a slow ramp-up in renewable energy generation to just under 17% electricity sales in 2030, and used our existing natural gas plants only slightly more. We saw that would not only effectively reduce climate change pollution in Wisconsin, but also reduce electricity costs for the state by $55 million. Our analysis also showed the potential costs of not following the right compliance path. For example, we found that if we dropped energy efficiency from the equation, our potential $55 million in savings became a potential cost, totaling more than $300 million. Fortunately, we have lots of flexibility to find a path that makes the most sense for Wisconsin. Our analysis shows that when Wisconsin’s unique energy and resource mix are taken into account, there are several paths forward that will save money while cutting pollution and building on the clean energy economy we already have. Unless we fail to act. If Wisconsin neglects to develop its own compliance plan, the EPA will impose a federal plan that may or may not allow us to maximize the benefits we see. A number of states, including ours, have chosen to challenge the specifics of the Clean Power Plan in court (see article on page 8). Regardless of whether the rule is ultimately upheld in its exact current form, we need our leaders to recognize that the positive benefits of taking action now will outweigh the negatives. We need to recognize that there is a tight deadline for states to make plans, with the first compliance period starting in 2022. Despite legal action, many states have begun convening stakeholders and drafting compliance plans. In Wisconsin, we need to do the same. With a smart compliance plan relying on energy efficiency, the Clean Power Plan is a critical step to improve the economy, environment and health of Wisconsin and its residents. This is an opportunity we can’t afford to miss.
Read the report at www.cleanwisconsin.org/wi-cpp-paths
March 10 at University of Wisconsin-Stout, Menomonie Event Highlights include: • • • •
Farm, city and waterfront success stories — profitable land management for clean water Solutions to the serious problem that plagues our lakes and rivers — runoff pollution A great networking opportunity for all citizens at an important event Approved for CEUs: .6 CEUs from the UW-Stout or 6 CEUs for Wastewater Treatment Plant Operators from the Wisconsin DNR
More info online at www.uwstout.edu/profed/redcedar 6
Winter 2016
A night with celebrity chefs for
Join us for an evening of local food, first-rate cocktails and fun at
Epicurean Evening Madison,
our 3rd annual celebrity chef gala benefitting our statewide work to protect and preserve Wisconsin’s air, water and natural heritage!
Thursday, October 6 Monona Terrace, Madison This must-attend culinary event features a wine pull, live and silent auctions, and our ever-popular cocktail hour with specialty drinks by local mixologists.
GET TICKETS OR BECOME A SPONSOR TODAY Tickets are $150 per person or $1,200 per table of 8
www.wisconsinepicureanevening.org
Executive Chef Sponsor Front of House Sponsors Hoyos Consulting LLC
Be part of this list! See www.wisconsinepicureanevening.org/sponsors or contact Angela Cao, acao@cleanwisconsin.org, 608-251-7020 x17
Defending the Clean Power Plan By Katie Nekola, General Counsel
The EPA’s Clean Power Plan rule addresses the nation’s most important and urgent environmental challenge: climate change. It will reduce carbon dioxide emissions from the largest sources in the United States, fossil-fueled power plants. Those carbon emissions threaten our health and welfare by causing long-lasting changes to our environment, including drought, disease, serious weather events and rising sea levels. The rule identifies cost-effective and proven emission-reduction strategies that are already being widely used by power plants. The need to comply with the rule offers many opportunities to reduce not just carbon, but harmful emissions of other air and water pollutants as well if we replace coal-fired power plants with energy efficiency, conservation and renewable energy. In addition, investment in those clean energy solutions will create jobs and improve our economy. Despite the clear positive benefits of controlling power plant emissions, the rule has been met with fierce opposition from the mining and fossil fuel industries, as well as several states, including Wisconsin.
LAWSUITS FROM INDUSTRY AND STATES Immediately after the publication of the Final Rules, those states and industries filed a petition for judicial review, asking the federal court to “hold unlawful and set aside” the rule. They claimed that EPA had exceeded its authority by promulgating the rule, that it was
unconstitutional, arbitrary and an abuse of their discretion.
CLEAN WISCONSIN INTERVENTION Working with environmental and health partners, Clean Wisconsin intervened in these lawsuits to help support the Clean Power Plan. Our allies include Clean Air Task Force, American Lung Association, Ohio Environmental Council, Sierra Club, Natural Resources Defense Council, Conservation Law Foundation, Center for Biological Diversity, Clean Air Council, and Environmental Defense Fund. Many other individuals and organizations have also intervened on both sides. Opponents have also filed motions to stay the rule, claiming that the rule should not take effect until all legal challenges are resolved. On Thursday, Jan. 21, a District of Columbia federal appeals court denied those motions to set aside the rule and established an expedited schedule for briefing and oral argument, which is set for early June of this year. This is great news because it means that implementation of the rule can proceed on schedule, even while the cases are being heard in the courts. It also means that Wisconsin, even though its current leadership opposes the rule, must take the September deadline to submit its first draft of a State Implementation Plan seriously. Clean Wisconsin will remain part of these legal actions and efforts to move our state forward toward a clean energy future.
Legislative Leader Profile Serving in his first term in the State Assembly representing parts of Iowa, Dane, Columbia and Sauk counties, Rep. Dave Considine (D-Baraboo) places an emphasis on protecting our land, water and air. “With the Baraboo Bluffs and Devil’s Lake State Park as part of the 81st Assembly District, I represent one of the most beautiful natural areas of Wisconsin,” stresses Rep. Considine. “Providing access to those places and making sure they are protected for future generations is important to me.” For 29 years, Rep. Considine served as a middle school teacher, but stewardship of the land is near and dear to his family’s heart. He and his wife still reside on the farm where they once raised goats, and he enjoys teaching his eight grandchildren the same stewardship ethic and love for the outdoors. He is an avid hunter and member of several habitat conservation organizations. His role as a member of the Assembly Environment and Forestry Committee has allowed him to appreciate many different perspectives on natural resources protection and has been a way to stress collaboration across both sides of the aisle. Rep. Considine is also a member of the Assembly Mining and Rural Development Committee, which has given him a chance to dig into issues like frac sand and iron mining. “As your State Representative, my highest priority is to listen and maintain open dialogue so that we can work together to resolve the issues we all face,” Rep. Considine says. “I am optimistic that we can find ways to work together in the Legislature to achieve our shared goal of preserving Wisconsin’s priceless natural resources.” Clean Wisconsin has enjoyed working with Rep. Considine in his first term on issues of shared concern for our natural resources, and we look forward to continuing that relationship in the future. 8
Rep. Dave Considine 81st Assembly District D-Baraboo office phone: 608-266-7746 rep.considine@legis.wisconsin.gov
Winter 2016
Under the Lens
SEALING THE SCIENCE ON PAHs New evidence shows how tar-based pavement sealants affect public health
By Paul Mathewson Staff Scientist
Legislative Update from cover would lock in the current problems being experienced with water supply and access. Meanwhile, a comprehensive groundwater bill, AB 105/SB 72, which is aimed at resolving water conflicts and protecting our natural resources, was introduced but has not yet had a hearing. This issue will most certainly get attention before the legislative session ends. These are just a few of the bills we’re working on; in addition, there are bills further eroding shoreland zoning standards; another
PAHs, or polycyclic aromatic hydrocarbons, are a class of chemical pollutants that can persist for a long time in the environment and bind to solid materials, leading to accumulation in soils and waterbody sediment. When aquatic invertebrates, fish or amphibians are exposed to them, they can cause reproductive problems, organ defects, tumor growth, immune system impairment and increase death rates. They can also cause cancer in humans and are linked to decreased cognitive development in children if exposure occurs while in the womb. More specifically, PAHs are chemical compounds made of fused rings of carbon and hydrogen molecules. There are many different forms of PAHs, some of which are more or less toxic than others, but they generally appear together and are found in especially high levels in fossil fuels like oil and coal. While they are also formed when organic material is burned, such as during forest fires, human sources are the biggest causes of PAH pollution in most places. Unfortunately, there has been a continued rise in environmental concentrations of PAHs over the past 40 years in the United States. This is partly because we have been operating under the assumption that since there is a wide range of potential sources, the PAH problem cannot be easily addressed with one or two targeted practices. However, there is new hope to reverse the trend as recent research and experimental evidence have begun to identify a single major and primary cause of PAH pollution in aquatic sediments: tar-based pavement sealants. Pavement sealants, also called sealcoats, are applied to driveways, parking lots and playgrounds to give them a dark black appearance, often with the idea that they protect the asphalt surfaces. They are generally made from either asphalt or coal tar, but it is the latter type that is the biggest concern: tar-based sealants contain 20% to 35% coal tar, a byproduct of refining coal, which is a known human carcinogen and is up to half PAHs by weight. Because of the high levels of PAHs in coal tar, tar-based sealants can contain 1,000 times more PAHs than the alternative asphalt-based sealants. The problem is that sealants don’t last forever and weather and wear off the surfaces where they are applied; water runoff then washes loose particles into nearby soils and waterbodies. As a result, due to the high amounts of PAHs in those loose particles, research has found that tar-based sealants are the largest source of PAHs to urban waterbody sediment where they are used. Experiments have also shown that runoff from pavement with tar-based sealants contains PAH concentrations orders of magnitude higher than runoff from asphalt-based-sealed or unsealed pavement. Of local interest, the U.S. Geological Survey has recently completed a study examining PAH sources to waterbodies in Milwaukee, and we look forward to seeing the results when they are published. In addition to contaminating water sediments, studies have also documented how tar-based sealants can be a major contributor of PAHs to the air, with one study calculating that annual PAH emissions from new applications of tar-based sealants can exceed those from annual vehicle emissions. Finally, emerging research is showing how tar-based sealant use may be increasing human PAH exposure through inhalation and ingestion of contaminated dust and soil. This happens when dust containing PAHs from the pavement is transported into homes by wind and on shoes and clothing, and is a particular threat to young children who are both more sensitive and more highly exposed because they spend time on the floor where they incidentally ingest soil and dust. In fact, concentrations of PAHs in dust in homes adjacent to parking lots with tar-based sealants were found to be 25 times higher than in homes adjacent to unsealed asphalt parking lots. This increased exposure was estimated to raise lifetime excess cancer risk by a factor of 38, with much of the increased risk occurring during early childhood. There is an economic cost of using tar-based sealants as well. Many municipalities use detention ponds to control stormwater pollution, and accumulated sediment must be periodically removed from these ponds. However, sediment containing high levels PAHs may need to be landfilled at significant expense to the municipality. In the Minneapolis-St. Paul metropolitan area, for example, total cost estimates for disposing of PAH-contaminated sediment are in the millions of dollars. In response to the emerging science documenting how tar-based sealants are contributing PAHs to the environment, Washington, Minnesota, Massachusetts, the District of Columbia, and numerous counties, including Dane County in Wisconsin, and other municipalities have taken action to ban or restrict the use of tar-based sealants. Some schools, school districts and universities have policies to not use coal tar-based sealants, and many home improvement stores have chosen to stop selling tar-based sealants, including The Home Depot, Lowe’s, True Value, Ace Hardware and Menards. If sealing your driveway is on your 2016 to-do list, check the ingredients list to make sure you are not using a tar-based sealant if you are doing it yourself or find an applicator that will use an alternative to tar-based sealants. Numerous applicators in Wisconsin have pledged to stop using tar-based sealants, and a list of these companies can be found at www.pca.state.mn.us/water/find-contractors-applying-safer-sealcoat.
to make it easier to sell water utilities to private out-of-state companies; ending the nuclear moratorium; and exempting fish farming activities from many of the requirements for operating in navigable waters. There is no shortage of issues to keep us busy, but know that we are in the Capitol every day trying to impact these issues and protect our clean air and water. While the legislative session is scheduled to end in April, some leaders indicate they would like to end as early as February; with our two-year legislative calendar, session ends
early in the even year to allow time for campaigning prior to the November elections. Once the session ends, all bills that haven’t passed both houses of the legislature would need to be re-introduced when the new session begins in January 2017. It is critical that your voice is heard. Please make sure you’re signed up for our email Action Network, the easiest way to know when to best voice your concerns on these fast-moving bills. If you haven’t already, make sure you’ve contacted your state legislators about the bills highlighted above.
Join our email Action Network at www.cleanwisconsin.org/alerts www.cleanwisconsin.org 9
President’s Circle $25,000+ Anonymous
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Patrons $5,000–$9,999 Benefactors $2,500–$4,999
Henry Anderson MD & Shirley Levine Julie & John Gadau Shelly & Greg Scallon Peggy Scallon MD & Mark Redsten Gof & Mary Thomson
Investors $1,000–$2,499 Anonymous (2) Margaret Baack & Michael McAdams Ann Behrmann MD & Lewis Koch DW & Christena Benson Maryann & Joe Binegar Sandra Bohman Emerging Energies of Wisconsin, LLC Liz Feder & Mark Johnson Food Fight Restaurant Group Richard Gosse DDS & Karen Gosse Fritz & Kris Grutzner Gary Goyke & Nancy Rottier Robert Hagge Jr.
Margi & Dave Kindig Karen & Mike Knetter Margaret & Tony Koblinski Numbers 4 Nonprofits LLC Dianne Redsten & Walter Sauer Thomas Schlueter MD & Ellen Neuhaus MD Spencer Schmacher Kurt Sladky & Deb Neff Daniel Smith MD & Marcia Smith Patricia Stoffers Dorothy Troller UW Health & Unity Health Insurance Bill & Jennifer Zorr
Thank you for your dedicated generosity to our work! To become a member or for more information regarding the benefits of the Environmental Pillars Society, contact development director Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org.
Being a Corporate Guardian is an excellent investment in your business as you support our protecting Wisconsin’s air, water and natural heritage! We encourage you to learn more about and do business with our wonderful Corporate Guardians!
www.madisonmagazine.com
Hoyos Consulting LLC nglic.com
sustaineng.com Madison
mge.com
Bailey’s Greenhouse Bayfield
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holidayvacations.net
thinkinkanddesign.com Madison
thompsonim.com Madison
hoyosconsulting.com Edgerton, Madison
crossroadscommunityfarm.com Cross Plains
Interested in joining these businesses? Contact Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org. 10
Winter 2016
A night with celebrity chefs for |
M I L W A U K E E
|
Epicurean Evening Milwaukee Thursday, June 16, 2016 Discovery World, Milwaukee
Join us as we bring our popular celebrity chef gala, Epicurean Evening, to the shores of beautiful Lake Michigan! This event benefits our statewide work protecting and preserving Wisconsin’s air, water and natural heritage!
Join more than 200 guests and supporters for our inaugural Epicurean Evening Milwaukee, a premier dinner gala showcasing these top Milwaukee chefs:
Adam Siegel Lake Park Bistro
Justin Carlisle Ardent
Cole Ersel Wolf Peach
This culinary event features a wine pull, live auction, and our ever-popular cocktail hour with specialty drinks by local mixologists.
GET YOUR TICKETS TODAY Tickets are $150 per person or $1,200 per table of 8
www.wisconsinepicureanevening.org Front of House Sponsors Hoyos Consulting LLC
Join our ever-growing list of sponsors!
www.cleanwisconsin.org 11 See www.wisconsinepicureanevening.org/sponsors or contact Angela Cao, acao@cleanwisconsin.org or 608-251-7020 x17