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Fall 2015 join us:

The Environmental Protection Agency (EPA) released its final Clean Power Plan (CPP) on August 2. The CPP is a historic step for the United States as it sets the first-ever limits on carbon pollution from power plants, the largest sources of the emissions that lead to climate change. According to EPA, the CPP will reduce carbon pollution emissions in the U.S. by 32% below 2005 levels by the year 2030. While individual states still need to establish their plans for reducing carbon, the CPP will become law once it is published in the Federal Register. Clearly, the CPP presents many opportunities and benefits, both for Wisconsin and the nation.

Public health

There is no question that the CPP will have very significant health benefits for Americans. According to EPA, the CPP will annually avoid between 1,500 and 3,600 premature deaths, 90,000 asthma attacks in children, and up to 1,700 heart attacks. EPA places the public health and climate benefits between $34 billion and $54 billion, far outweighing the projected compliance costs of $8.4 billion.


Lower utility bills

Despite the costs associated with upgrading existing fossil fuel power plants and developing new sources of carbon-free renewable energy, EPA projects that the average utility bill will decrease by about $7 per month by the time the CPP is fully implemented in 2030. This decrease is a result of the enormous potential that energy efficiency investments have in reducing electricity consumption and carbon emissions, which translates into significant benefits for consumers and the environment. continued on page 5

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EBB & FLOW What’s next in Waukesha’s request for Great Lakes water

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

By Ezra Meyer, Water Resources Specialist

Let it be said that the people of Wisconsin care very deeply about the Great Lakes. That fact was demonstrated again this summer when hundreds of you showed up at the DNR’s public hearings in mid-August and submitted written comments. You let the DNR know what you think about Waukesha’s first-of-its-kind application to divert water outside of the Great Lakes basin under the Great Lakes Compact. We appreciate your time in asking the DNR to reconsider its preliminary approval of Waukesha’s application in light of the new information we submitted into the record this summer. continued on page 9

Also in this issue

Groundwater Update | Scenes from Epicurean Evening


News, Notes

Leave a lasting gift for Clean Wisconsin

Leaving a legacy to Clean Wisconsin in your will or estate plan is simple. If you want more information on how to include Clean Wisconsin in your estate plan, how to leave gifts of stocks or securities, or other methods of planned giving, contact development director Angela Cao at 608-251-7020 x17 or

Need the perfect gift this holiday season?

A gift membership to Clean Wisconsin is a perfect, memorable gift for hard-to-buy-for family members and loved ones. Perfect for any conservationist, gardener, hiker, angler hunter, swimmer or outdoor enthusiast, a gift membership to Clean Wisconsin lasts all year and translates to real progress in protecting Wisconsin’s air, water and natural heritage. To purchase a gift membership, visit and complete the dedication section; mail a check to our office and be sure to mention the full name and address of the recipient; or contact Angela at 608-251-7020 x17 or

634 W. Main St., #300 • Madison WI 53703 Phone: 608-251-7020

Clean Wisconsin protects Wisconsin’s clean water and air and advocates for clean energy by being an effective voice in the State Capitol and holding elected officals and polluters accountable. On behalf of its more than 30,000 members, supporters and coalition partners, Clean Wisconsin protects the special places that make Wisconsin a wonderful place to live, work and play.

STAFF President & CEO Mark Redsten Development Director Angela Cao Director of Science & Research Tyson Cook

Your support is critical to protecting Wisconsin’s environment for future generations

Please give generously this holiday season

Chief Financial Officer Nick Curran, CPA Organizing Hub Co-Director Melissa Gavin Water Quality Specialist Scott Laeser Science & Policy Associate Matt Landi Staff Scientist Paul Mathewson Director, Programs & Gov’t Relations Amber Meyer Smith Water Resources Specialist Ezra Meyer General Counsel Katie Nekola

water scarcity famine conflict access to resources

Staff Attorney & Climate Resilience Project Manager Pam Ritger Senior Policy Director Keith Reopelle

these are the

Grant & Foundations Manager Ella Schwierske

Human Costs of

Midwest Clean Energy Coordinator Sarah Shanahan Operations & HR Manager David Vitse

with Dr. Sumudu Atapattu

Communications & Marketing Director Amanda Wegner

 uthor, Director of UW Law School Research Centers A &Coordinator of UW-Madison Human Rights Program

Senior Staff Attorney Elizabeth Wheeler


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Stay informed • Watch legislative floor sessions, committee hearings and on what’s interviews at happening in • Sign up to receive notifications about action on bills you about at our state • care more about your legislators using the interactive government Learn map at The Defender is owned and published quarterly by Clean Wisconsin 634 W. Main St., #300, Madison, WI 53703 608-251-7020, A one-year subscription membership is $40. Please direct correspondence to the address above. Volume 45, No. 4 Issue date: October 2015 ©2015 Clean Wisconsin. All rights reserved. ISSN # 1549-8107


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Chair Carl Sinderbrand, Middleton Vice Chair Chuck McGinnis, Middleton Treasurer Gof Thomson, New Glarus Secretary Shari Eggleson, Washburn Belle Bergner, Milwaukee Elizabeth Feder, Madison Scott Froehlke, Montello Gary Goyke, Madison Karen Knetter, Madison Mallory Palmer, Madison Glenn Reinl, Madison Arun Soni, Madison Bruce Wunnicke, Richland Center Board Emeritus Kate Gordon, San Francisco

Fall 2015

Spanning the


Despite a range of options on the table, legislative action on groundwater remains elusive By Amber Meyer Smith, Director of Programs & Government Relations

It’s no secret that rivers, lakes and streams in Wisconsin are drying up and that private wells are at increasing risk due to over-pumping. Because the fight for groundwater resources has reached such a fever pitch, legislators can no longer ignore the problem. And they haven’t. Right now, three bills are circulating in the State Capitol to address our state’s growing groundwater issues as they relate to over-pumping by high-capacity wells. Each bill is vastly different, and they range from strong and protective to stripping away the few opportunities that remain to review and address high-capacity well permits.

Senate Bill 291, Senator Rob Cowles

The latest bill to be introduced, Senator Cowles’ bill is an attempt to comprehensively address Wisconsin’s groundwater drawdown problems. While it takes some positive steps forward, it misses the mark in many areas. For instance, it provides a system for designating areas that are sensitive to groundwater drawdowns, but the system is so complex it may not end up providing any solutions at all. Meanwhile, the bill also gives up some important advancements in groundwater protection that have been achieved through the courts. We are encouraged by the comprehensive attempt to address issues, but many changes would be needed to improve this effort.

Senate Bill 239, Senator Rick Gudex

Meanwhile, SB 239 addresses a more narrow aspect of groundwater management by reducing the DNR’s ability to review a high-capacity well permit that is replaced, reconstructed, repaired or transferred. In areas like the Central Sands where lakes, rivers and streams are drying up, that DNR can be an important tool for reducing unsustainable water pumping levels. The bill recently received a hearing by the Senate agriculture committee, where dozens of citizens showed up to oppose this effort to take away tools toward achieving groundwater sustainability.

Senate Bill 72/Assembly Bill 105, Water Sustainability Act

Introduced by Sen. Mark Miller and Rep. Cory Mason, this bill represents a comprehensive management system that would protect our lakes, rivers and streams from over- pumping. The companion bills identify tools for DNR to use when permitting high-capacity wells that will help prevent water quantity problems. Provisions include monitoring requirements and a review of all wells in the area to assess the cumulative impact of pumping groundwater. Under the bills, DNR would get additional resources, and they could place additional conditions on a high-capacity well permit to prevent future drawdowns.

from the President & CEO On October 1, more than 400 of you joined us for an amazing event, our second annual An Epicurean Evening. Overlooking Madison’s Lake Monona, it was energizing and exciting to be surrounded by so many people who care about Wisconsin’s environment, all while enjoying local bounty with a delicious four-course farm-to-table dinner. Not only was the event energizing and Mark Redsten exciting, but also inspiring. The generosPresident & CEO ity you showed us is critical to supporting our ongoing work to protect Wisconsin’s air, water and natural heritage. And right now, that’s more important than ever. At the event, I had the opportunity to talk about some of the challenges facing Wisconsin’s natural resources right now, including the many threats to our groundwater. Around the state, entire lakes and rivers are drying up, yet as you’ll read in the article to the left, the state Legislature has yet to pass strong legislation that protects our groundwater and drinking water for all users … instead, they’re floating various bills that would undo the few protections that are in place! And over the summer, the DNR tentatively OK’d Waukesha’s application to divert water from the Great Lakes, a proposal that could have negative effects both on the big lakes and the local waterways that would be used to return the water to Lake Michigan. The quality of our water is also at risk. As we shared in our last issue, there are places in Wisconsin where the water is unsafe to drink because it’s so contaminated with bacteria, nitrates and more. This should not be the case for a state treasured for its abundant water resources. Obviously, these are significant problems; they are complicated, and they won’t be solved overnight. But they’re not impossible, and just as we’ve done for 45 years, we can find commonsense, cost-effective solutions. With your help, we’ll advance many of these solutions in the Capitol and state agencies and will provide scientific evidence and legal opinions where it’s important and needed to take care of this great state we all love. We need the support of everyone — you, your neighbors, your family and friends — to make this happen. As we round into the final months of 2015, I hope you’ll generously support us so we can continue this important work to protect our air, water and natural heritage, now and for future generations.

Thank you,

With at least three very different legislative efforts pending, we are more involved than ever in trying to impact this important issue in the Capitol. We know it can be done. Michigan and Minnesota have both established laws that protect their groundwater from overuse, and their agricultural economies remain as strong as ever. We now need the Wisconsin State Legislature to provide realistic solutions to protect and preserve everyone’s access to an adequate and clean water supply.

Thank you, Inge & Frank

For the 11th year in a row, generous hosts Inge and Frank Wintersburger opened their beautiful home to friends and supporters who heard from Tyson Cook, our director of science and research at Clean Wisconsin, about toxic contaminants that threaten our groundwater in southeastern Wisconsin. With about 30 people in attendance, we enjoyed delicious food and drinks and had a wonderful conversation. Thank you to this year’s hosts and sponsors and all who attended. See you again next year in Cedarburg! 3

DIG IN! Clean Wisconsin proud to be part of effort to make Milwaukee’s new Cold Spring Park Community Garden a reality By Pam Ritger, Staff Attorney & Climate Resilience Project Manager

Forward PROGRESS Oconomowoc, other communities moving forward with adaptive management plans By Scott Laeser Water Quality Specialist

Oconomowoc River, photo by Dave Arnott

Clean, abundant water is integral to our state. Our citizens, communities and businesses depend on it for drinking, swimming, nourishing crops and running paper mills, among countless other uses. While water is abundant in much of Wisconsin, it is often compromised by pollution from nutrients like phosphorus. In 2010, Clean Wisconsin helped develop innovative rules to clean up phosphorus in our water4

Clean Wisconsin has engaged with active rett, Rep. Evan Goyke, Ald. Bob Baumann, neighborhood associations and community MMSD executive director Kevin Shafer, and organizations around Milwaukee’s 30th Street DPW commissioner Ghassan Korban, in atIndustrial Corridor since the spring of 2014. tendance. At least 40 Cold Spring Park resiIn partnership with the Milwaukee Metropol- dents joined the event, as well as Clean Wisitan Sewerage District (MMSD), Northwest consin board members Bruce Wunnicke and Side Community Development Corporation Gary Goyke. and Marek Landscaping, we’ve been working The park is a wonderful example of the trito raise awareness about green infrastructure ple-bottom line benefits — environmental, ecoand encourage residents to install small-scale nomic and social — that accompany green inpractices like rain barrels and rain gardens to frastructure and why Clean Wisconsin looks help manage water where it falls. forward to continuing our efforts to advance One neighborhood, the vibrant and his- green infrastructure in Milwaukee’s 30th toric Cold Spring Park, had been working for Street Industrial Corridor neighborhoods. the past two years to transform a vacant, cityowned corner lot in their neighborhood into The park is a wonderful a community park and gathering space. After connecting with Cold Spring Park Historic example of the tripleNeighborhood, Inc. president Joyce Seiser, we bottom line benefits that further learned that the neighborhood wanted to demonstrate better stormwater retention accompany green and management practices in the community infrastructure and why gathering space, a goal that fit perfectly with Clean Wisconsin looks our green infrastructure outreach and public awareness efforts. Marek Landscaping helped forward to continuing our develop a green infrastructure design for the work in Milwaukee’s 30th neighborhood park, and then we re-allocated part of our Wisconsin Coastal Management Street Industrial Corridor Program grant to pay for the design; we also asneighborhoods. sisted the neighborhood group in requesting funding. After one year of working together, we are happy to report that the Cold Spring Park Community Garden will now become Wheeler, a By Elizabeth reality. Senior Staff Attorney In addition to donations from Cold Spring Park residents and a grant from MMSD, the neighborhood connected with Near West Side Partners, a new community development organization, and the City of Milwaukee Department of Public Works’ (DPW) Strong Neighborhoods Program to complete the funding needed for the park. A groundbreaking ceremony for the Cold Spring Park Clean Wisconsin’s Pam Ritger with board member Gary Community Garden and Gathering Green Goyke at the groundbreaking ceremony took place August 11, with Mayor Tom Barways. The crux of these rules is their flexibility, particularly the rules’ Watershed Adaptive Management Option, the first of its kind in the nation. Traditionally, point and nonpoint sources have been treated separately, but Adaptive Management allows point sources, like factories and municipal water treatment facilities, to work with farmers to achieve significant pollutant reductions at a much lower cost. Point sources can avoid expensive technologies, and landowners can receive financial assistance to make cost-effective improvements that reduce pollution from farm fields.


For Adaptive Management projects to succeed, they require strong partnerships with communities and stakeholders invested in cleaning up waterways. We’re excited to see several projects moving forward across Wisconsin, with one nearing approval by the DNR. The city of Oconomowoc, in partnership with county land conservation departments, the Natural Resources Conservation Service and nonprofits including Clean Wisconsin, has developed a plan to reduce phosphorus pollution in the Oconomowoc River, a tributary of the Rock River. Over the next 10 years, the city plans to work with area landowners to install grass waterways, riparian buffers and other nutrient management practices.

This project, when approved, will be the first full-scale Adaptive Management project in the state, and Oconomowoc has a unique opportunity to demonstrate how a successful project can be developed and executed. Clean Wisconsin is working with the city to make the project a success and use it as a blueprint to advance other efforts in Wisconsin.


Oconomowoc is not the only project moving forward. With a successful, ongoing pilot project, a coalition in the Yahara River watershed led by the Madison Metropolitan Sewerage District is moving toward a full-scale Adaptive Management project beginning in 2017. Through a strong partnership with Dane County and area farmers, the sewer district has been installing practices on area farms for several years. Early results are encouraging, with plans for a full project soon. Lodi, Green Bay, Plymouth and other communities are also exploring whether Adaptive Management is right for them. These efforts demonstrate the potential of Adaptive Management to clean up our waterways in a cost-effective manner, benefitting citizens, communities and businesses in Wisconsin. Clean Wisconsin is following or involved with these and other Adaptive Management efforts, helping share information and best practices and forge the partnerships necessary for success. Fall 2015

Clean Power Plan from cover EPA made the rule very flexible for each state to comply as it sees fit. While Wisconsin’s reduction target is 34% by 2030, utilities and state regulators have an enormous amount of flexibility in how to achieve that reduction. For instance, energy efficiency, which is widely recognized as the least-expensive way to reduce emissions, has the potential to play a huge role in Wisconsin’s plan to meet the 34% reduction. Wisconsin is well positioned to achieve higher levels of efficiency (and lower energy bills) thanks to Focus on Energy, our robust statewide energy efficiency program. The state could easily make additional investments in this very cost-effective program, allowing a plethora of strong, Wisconsin-grown energy service companies to deliver substantial energy-efficiency savings to businesses and homeowners.

An economic driver

The CPP also presents an opportunity to invest in and grow Wisconsin businesses, particularly in the manufacturing and agriculture sectors. Renewable energy businesses that manufacture components or install wind turbines or solar panels account for over 540 Wisconsin businesses, and when businesses that provide energy efficiency services and equipment are included, that number climbs to almost 1,000. These Wisconsin businesses and the CPP can help our state shift from high-cost and polluting coal-fired energy to wind farms, solar panels, bioenergy production and more energy efficiency, all of which will increase these markets and allow those Wisconsin businesses to grow and add jobs. Another important way the CPP will boost Wisconsin’s economy is through reduced fuel costs. Wisconsin imports more than $12 billion worth of fossil fuels each year from other states and countries. By reducing our dependency on imported fossil fuels, Wisconsin will keep some of that money here and become more energy independent. Rather than sending our money to Wyoming or Canada, we can invest in Wisconsin farms that host biodigesters or wind turbines, the Wisconsin businesses that build and maintain those clean renewable sources, and the businesses that manufacture and install high-efficiency lighting and other energy efficiency services.


These benefits and opportunities, however, are not obvious to everyone. Within hours of the final rule being unveiled, Governor Scott Walker and Attorney General Brad Schimel announced they were joining other states in a lawsuit against EPA in an attempt to block the CPP. It’s concerning that Gov. Walker and AG Schimel clearly didn’t take time to read the new proposal before they launched their opposi-

tion. It is truly sad to think political aspirations would trump public health, environment and economy, and the future world they will leave for their children and ours. The next step in the process is for states to convene stakeholders and develop a plan to implement the CPP, due in September 2018. In Wisconsin, the DNR is legally responsible for developing that state-level plan, but it has not yet laid out a timeline. As of this writing, the DNR remains undecided if it will even develop a state plan. If a state does not write its own plan, EPA will give the state a generic federal plan, which will have no input from Wisconsin stakeholders and is bound to have limited compliance options. For example, it is possible that a federal plan would not allow energy efficiency to be a compliance measure, which would be a huge blow to ratepayers. Most other states are have already announced or even begun their stakeholder processes. Minnesota, for example, began its process 10 months ago.


While the Governor’s lawsuit seems politically motivated and a lack of action by DNR could ultimately hurt Wisconsin ratepayers, there are bright spots in this picture. For instance, Wisconsin utilities have had a very reasonable and practical response to the CPP and are getting together with state officials and environmental groups to determine how to meet the reduction targets at the lowest cost for their customers. We applaud their reaction, as we have been working with some of the biggest coalbased utilities in the Midwest since we first a p p ro a ch e d them in 2011. Through this ongoing collaboration, Midwest utilities (including most Wisconsin utilities) and advocates have worked together to present a joint voice and make suggestions to EPA on how to improve the rule. We have submitted three sets of joint comments to EPA on the rule. Despite our differences, we have found more that we agree on than that we disagree on. Our collaborative effort to shape the rule has paid major dividends for Wisconsin ratepayers already and will continue to do so if the Governor and the DNR give utilities and advocates the opportunity to work collaboratively on the state plan and find the best path forward to carbon emission reductions for the state of Wisconsin.

The Clean Power Plan presents many opportunities and benefits, both for Wisconsin and the nation.

We believe the strength and effectiveness of Wisconsin’s plan to implement the CPP will be a direct result of stakeholder involvement in its development. If you’re interested in being part of the plan’s development over the next three years, we are happy to help you get involved in the most effective way; contact Keith at

Dust in the Wind DNR requires additional coal pile protections at Oak Creek By Pam Ritger Staff Attorney & Climate Resilience Project Manager

Thanks to public comment and concern, the coal storage piles at We Energies’ Oak Creek plant will now be subject to additional requirements to reduce coal dust and pollution and protect the health of neighboring communities and residents.

 We Energies recently proposed to double the size of the outdoor coal storage pile that feeds its Oak Creek Power Plant, but had not proposed any changes to limit the amount of coal dust and particulate matter pollution blowing off the pile. Moreover, the DNR had not included mandatory changes to We Energies’ draft permit regarding the way We Energies controls dust from its coal piles, despite complaints of blowing coal dust from local residents. This summer, Clean Wisconsin connected with supporters near the plant and together we made a significant impact at the DNR public hearing on the draft permit. Residents testified about the blowing coal dust and the high level of respiratory and other illnesses they experience, showing videos of dust blowing off the coal piles. Based on public input and recommendations from Clean Wisconsin and EPA, DNR released favorable changes to the permit in August, including: • Continuous video monitoring of the coal piles;

• The construction of a wind barrier for both coal piles, along with the requirement that We Energies evaluate the feasibility of adding more wind barriers; • A reduction in the permitted amount of visible air pollution from the coal piles (from an opacity standard of 10% down to 7.5%); • Crusting agents on inactive coal piles; and • Improved watering of the coal piles to reduce fugitive dust. Clean Wisconsin had also recommended that DNR require We Energies evaluate the feasibility of enclosing the coal piles, which has been required in parts of Southern California since 1999 and more recently in Chicago; we also asked that an Environmental Impact Statement be conducted prior to DNR issuing the permit. While these additional recommendations were not adhered to, the control measures now required by the DNR should lead to a significant reduction in the amount of coal and other fugitive dust that can blow into local communities. Clean Wisconsin is encouraged to see that the DNR considered the public’s comments and concerns on this issue and included these control measures in the final permit. 5

A night with celebrity chefs for

An Epic Thank-You!

Thank you to everyone who came out for Clean Wisconsin’s second annual An Epicurean Evening! Set against the beauty of Madison’s Lake Monona, we are so fortunate to have spent a wonderful evening with more than 400 of you. Again, thank you for joining us to support and celebrate our work protecting Wisconsin’s air, water and natural heritage. We also want to extend a huge thank you to our volunteers, partners, mixologists and chefs.

Thank you for your continued support and generosity!

Executive Chef Sponsors

Front of House Sponsors

Hoyos Consulting LLC

All photos on opposite page by AmandaLynn Jones

Board president Carl Sinderbrand opened the dinner

Chef Daniel Bonnano with a Madison College culinary student

Emcees Corey Dane & Mariah Haberman

Our beautiful Giving Tree

Heritage Tavern’s craft cocktail, “A Rose for Emily”

Board member Liz Feder shares take-home sweets from Madison’s Infusion Chocolates with guests

Guests taking a chance at our popular wine pull

Chef Michael Pruett enjoying a cocktail with guests

Thank you to all our guests!

The first course, a warm mushroom salad over zuchinni bread, by Sardine chefs Phillip Hurley and John Gadau

Guests at the table of returning sponsor, Hoyos Consulting. Our sponsors are critical to ensuring Epicurean Evening is a success!

At less than 1/20th the diameter of a human hair, air pollution from fine particulate matter, also called PM2.5, is widely understood to cause numerous adverse public health impacts, including increased hospital visits, premature death, negative birth outcomes, cancer and a wide range of cardiovascular and respiratory ailments. Because of this, PM2.5 emissions are carefully controlled and monitored to protect public health However, recently proposed changes to the way the DNR controls particulate matter air pollution is a step in the wrong direction. This summer, DNR released proposed guidance that would change which facilities that can be considered sources of P.M2.5, limiting it to those with combustion and other hightemperature processes; fine particulate matter emissions would not be considered in air pollution permits for all other facilities. This proposed change resulted from a DNR analysis concluding that direct PM2.5 emissions from low-temperature sources do not affect ambient air quality. The proposed change potentially means that fine particulate matter emitted from hundreds of facilities will be unmonitored and uncontrolled. (Because the guidance doesn’t define low-temperature sources, getting an exact number of affected sources is difficult.) This is a problem as there is evidence, not addressed in DNR’s analysis, that some direct, low-temperature (i.e., mechanical) sources can emit significant amounts of fine particulates, harming nearby residents and potentially in excess of federal requirements under the Clean Air Act. The most obvious example is frac sand mining, a booming industry in Wisconsin, and much data supports this. For instance: • In prior sand mine air permit applications, DNR’s own analyses consistently found that estimated PM2.5 emissions exceeded the 24hour National Ambient Air Quality Stan-

Emissions Evidence

Despite proposed guidance that would exclude frac sand mining operations from PM2.5 pollution limits, strong evidence shows limits are critical for this booming industry By Paul Mathewson, Staff Scientist

dard (NAAQS) “significant impact level,” and estimated individual facilities would take up 25% of the area’s 24-hour PM2.5 ambient air quality standard. Furthermore, when emissions from an individual sand mine were added to background levels, DNR analyses found that nearly the entire PM2.5 24-hour NAAQS would be taken up. This indicates that the air quality standards in areas around sand mines are at risk of being exceeded, largely due to sand mining activity. • Preliminary data from a soon-to-be published peer-reviewed study found 24-hour PM2.5 samples around frac sand mines as high as 50 micrograms (µg) per cubic meter, well in excess of the 35 µg/m3 24-hour standard. • A DNR environmental engineering supervi-

sor has said that there are some sand mines that “would exceed the [federal] PM2.5 standards” if they were actually monitoring fine particulate levels. • An Ontario, Canada air quality study found PM2.5 and PM10 levels near sand mine operations that approached or exceeded levels of concern and concluded that the operations were having an adverse impact on the area’s air quality. Clean Wisconsin submitted comments on the notable absence of this known and significant source of direct fine particulate matter along with other deficiencies in DNR’s particulate matter analysis. DNR will consider all comments submitted, and then revise the guidance as appropriate before issuing its final guidance on the subject.

Legislative Leader Profile Representative Evan Goyke was first elected to the State Assembly in 2012 and is currently serving his second term. He represents the 18th Assembly District, which encompasses much of Milwaukee’s west side and is home to several important urban environmental projects, including a branch of the Urban Ecology Center and the restoration of the Menomonee River. “I was proud that one of the first times I spoke on the Assembly Floor was to recount Wisconsin’s constitutional protections of our waters while opposing the iron mining bill in 2013,” Goyke noted. “Wisconsin’s Public Trust Doctrine is the cornerstone of environmental protections in our state, and it is being eroded by the current Legislature. I want to use my knowledge of the law to remind my Assembly colleagues that we all have basic rights to clean air and water that cannot be legislated away.” “Environmental justice has always been a key issue for me,” the former state public defender commented. “My commitment to a clean environment goes beyond Wisconsin’s wild spaces and includes the public health of our urban centers. Far too often, our poorest neighborhoods are subjected to the highest levels of pollution and contamination. My service as a public defender and in the Legislature is based on a desire to achieve equality, including equal access to a safe and healthy environment.” Goyke is excited by his position on the Assembly Agriculture Committee as it will give him the opportunity to advocate for Milwaukee’s important urban agricultural movement. “Urban agriculture is important to promote the health of Milwaukee citizens and a component of sustainable agriculture for our entire state. Growing and eating food together has brought together intergenerational and interracial communities in amazing and inspiring ways, uniting our community from the dirt up.” Goyke’s family also has a longtime commitment to public service and the environment; his father, Gary, has served on the Clean Wisconsin Board of Directors for many years. “There was a bust of Robert Kennedy on our TV,” Goyke added. “I grew up believing that service in government is honorable and that our political leaders can make a positive impact on the lives of those around them.” Goyke is continuing that strong commitment to Clean Wisconsin by serving on our Milwaukee Advisory Committee, helping us grow our presence in Milwaukee, and identify those pressing issues facing the urban environment. 8

Rep. Evan Goyke 18sth Assembly District D-Milwaukee office phone: 608-266-0645

Fall 2015

When people hear the word ozone, they almost immediately think of the ozone found in the Earth’s upper atmosphere, called the stratosphere. They know it’s up there protecting us from the harmful effects of ultraviolet (UV) radiation and associate ozone with something that is essential to our well-being. As such, it’s no wonder that some people are confused when they first learn that we try to limit its production through regulations. Shouldn’t we want more ozone? Not exactly. The ozone in question is ground-level ozone, also known as tropospheric ozone. On a molecular level, it is identical to the ozone found in the stratosphere that shields us from the sun’s harmful UV rays. However, as the adage goes, ozone is “good up high, bad nearby.”

A public health concern Ground-level ozone is a serious public health issue. According

to the EPA, ozone can make it incredibly difficult to breathe. It can cause shortness of breath and coughing; inflame and damage airways; aggravate lung diseases such as asthma, emphysema and chronic bronchitis; increase the frequency of asthma attacks; and can continue damaging lungs after symptoms disappear. Even relatively low levels of ozone can have adverse health effects. Children, people with lung disease, older adults and people who are outdoors during peak ozone periods are most prone to these adverse health effects. Scientific analysis has concluded that ozone exposure may increase the risk of premature death from heart or lung disease. While it does a great job of shielding us from powerful UV rays when it’s way up in the atmosphere, it can wreak havoc on our respiratory systems when down on the surface and we breathe it in.

How it’s formed How does ozone get to the ground if it’s in the stratosphere? Most ground-

Clean Wisconsin archive photo

Under the Lens

level ozone is formed through complex chemical reactions with other air pollutants, notably nitrogen dioxide and volatile organic compounds (VOCs). When these air pollutants react with sunlight, a spare oxygen atom becomes separated through a process known as photolysis and joins with molecular oxygen to form ozone. Nitrogen dioxide and VOCs, the primary culprits in ozone formation, are emitted primarily from human sources like car exhaust, fossil fuel power plants, industrial facilities and boilers, and chemical solvents. During sunny days, and especially during the summer months when there is more sunlight and higher temperatures, this soup of chemical ingredients reacts to form ozone. Thankfully, there are also factors that work to reduce ozone levels. For instance, ozone levels can drop due to other chemical reactions, rain or ocean water scrubbing the air, and air movement. As a result, ozone levels tend to reach high peaks during the middle of those hot summer days, but fall back down to lower levels at other times

Standards & controls Since the amount of ground-level ozone present in the air we breathe

The Other Ozone Layer Ozone is good up high, but bad nearby

By Matt Landi Policy & Research Associate

is largely a result of human activity, we can control these activities through regulations that ultimately reduce the pollution emanating from these sources. The EPA regulates ozone under the Clean Air Act through the National Ambient Air Quality Standard (NAAQS), which is designed to protect public health and the environment from the harmful effects of six regulated air pollutants, including ozone. The NAAQS is required to be updated and revised periodically to reflect the best available science and ensure that public health and the environment are adequately protected. The current ozone standard has not been updated since March 2008 and is set at 75 parts per billion (ppb). The EPA is required by the Clean Air Act to revise standards at least every 5 years if credible scientific evidence emerges that suggest that the current standard is inadequate. After a recent review of more than 1,000 studies published since the 2008 standard was established, the EPA issued a rule that strengthens the standard for ozone to 70 ppb. EPA also sought comment on whether setting a standard as low as 60 ppb would be appropriate, based on the advice of its own scientific advisory board that said that the best available scientific evidence supports a standard between 60 ppb and 70 ppb. While many in the scientific and public health community argued that a standard of 60 ppb would achieve the greatest public health and environmental benefits, we’ll all breathe at least little bit easier with the new 70 ppb standard.

Ebb & Flow from cover As you may recall, this information questioned the fundamental premises of Waukesha’s flawed proposal and pointed the way to a reasonable, viable future water supply alternative for Waukesha’s residents that neither the Waukesha Water Utility nor the DNR had properly considered. We now resume waiting to hear from the DNR again. The agency is now reviewing all the comments received and formulating the final versions of both its technical review and its Environmental Impact Statement. It must also decide whether to send Waukesha’s proposal to the region. At present, this is likely take through the end of 2015.

Next steps DNR has the first move in this process; the agency can either take our comments, information and recommendations, find fault in the application and deny it, or it can declare the application “approvable.” If approved, Wisconsin will send it to the regional process for the other Great Lakes states, Canadian Great Lakes provinces and Native tribes in both countries to consider. The Compact created a Regional Body and a Compact Council, both of which play a role in the regional process. The Regional Body is made up of the elected governors of all eight Great Lakes states (Minnesota, Michigan, Wisconsin, Illinois, Indiana, Ohio, Pennsylvania and New York) and the elected premiers from the two Canadian Great Lakes

Provinces, Ontario and Quebec. The Regional Body gets the first look at a diversion proposal like Waukesha’s but only makes a non-binding recommendation to approve or deny. From there, the Compact Council receives the Regional Body’s recommendation and makes the ultimate decision. Under the Compact language agreed to by each Great Lakes state and ratified by Congress and the President in 2008, the decision to approve a diversion outside of the Basin must be unanimous among the eight Great Lakes states — just one dissenting Governor can mean the end of the road for the application. However, a decision by the Compact Council can be legally challenged by a party state, the applicant, or by conservation interest groups, such as Clean Wisconsin and others in the Great Lakes states. Clearly we are early in a long process. Diversion applications like Waukesha’s have such a high bar to clear and pose a serious challenge to the health of the Great Lakes. As such, it is fitting that the process has so many steps, just as the wise framers of the Great Lakes Compact intended. This process will continue to require patience and vigilance, and we know we can count on you to take full advantage of opportunities to be heard in these important decisions. As demonstrated this summer, there will always be tremendous numbers of Wisconsinites who care deeply about the Great Lakes — thank you for that! 9

President’s Circle $25,000+

Investors $1,000–$2,499


Philanthropist $10,000–$24,999 The Kailo Fund Anonymous

Patrons $5,000–$9,999 Benefactors $2,500–$4,999

Dianne Redsten & Walter Sauer Peggy Scallon MD & Mark Redsten Gof & Mary Thomson Bill & Jennifer Zorr

Anonymous (2) Henry Anderson MD & Shirley S. Levine Margaret Baack & Michael McAdams Chuck Barnhill Ann Behrmann MD & Lewis Koch DW & Christena Benson Bunbury & Associates Realtors Angela & Phong Cao Robin Downs 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. Edward & Ann Hastreiter Margi & Dave Kindig Karen & Mike Knetter Numbers 4 Nonprofits LLC Amy Radspinner Thomas Schlueter MD & Ellen Neuhaus MD Roland Schroeder & Mary Mowbray Carl Sinderbrand Kurt Sladky & Deb Neff Daniel Smith MD & Marcia Smith Patricia Stoffers Caryl & Bob Terrell UW Health & Unity Health Insurance

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

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! Madison

Madison Madison Madison, Milwaukee, Waukesha, Appleton & Green Bay

Hoyos Consulting LLC Madison Madison Madison

Bailey’s Greenhouse Bayfield Madison Madison

Spencer Schmacher Bunbury & Assoc. Realtors, Madison Madison Madison, Fitchburg, Wausau Cross Plains Edgerton, Madison



Interested in joining these businesses? Contact Angela Cao at 608-251-7020 x17 or 11

A night with celebrity chefs for |


Introducing ....

Epicurean Evening Milwaukee

Join us as we take our popular celebrity chef event, An Epicurean Evening, on the road, to the shores of beautiful Lake Michigan! This event benefits our statewide work protecting Wisconsin’s air, water and natural heritage!

Thursday, June 16, 2016 Discovery World, Milwaukee Join more than 200 guests and supporters for our inaugural Epicurean Evening Milwaukee, a premier dinner gala showcasing four of Milwaukee’s top chefs. This culinary event features a wine pull, silent and live auctions, and our ever-popular cocktail hour with specialty drinks by local mixologists.

Confirmed chefs include Justin Carlisle, Ardent Adam Siegel, Lake Park Bistro


GET YOUR TICKETS TODAY Tickets are $150 per person or $1,200 per table of 8 Become a sponsor of this event! For more information, contact Angela Cao at 608-251-7020 x17 or


Defender, Fall 2015  

Defender is the quarterly membership newsletter of Clean Wisconsin, the largest state-based environmental organization in Wisconsin.

Defender, Fall 2015  

Defender is the quarterly membership newsletter of Clean Wisconsin, the largest state-based environmental organization in Wisconsin.