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we believe everyone deserves clean water and clean airjoin us:

Fall 2014

Also in this issue Kewaunee County Petition | Epicurean Evening Photos | Rate Cases

continued on page 9

continued on page 4

When Wisconsin’s first groundwater law was passed in 2004, the authors believed that it was just the first step. But little has improved since then, and much is at stake. Our current groundwater law

leaves most of our lakes, rivers, streams, springs and wetlands unprotected from the devastating impacts from over-pumping of groundwater.

Yet, Wisconsin still hasn’t taken the next step to strengthen groundwater protections. In fact, decision-

makers keep trying to roll them back.The problems in Central Wisconsin are certainly the most

critical, with the Little Plover River being designated as one of American Rivers’ “Most Endangered Rivers” in 2013. But did you know that Brown, Dane, St. Croix and Waukesha counties have groundwater problems? The rise of high-capacity wells associated with the water-intensive frac sand mining industry is causing ad-ditional stress on our waters.

Citizens are demanding action and trying to prevent their favor-ite lakes, trout streams and paddling rivers from drying up. But the Legislature has refused to take action and has even recently tried rolling back some of the protection we do have for our wa-ters. What happens when the Legislature ignores the problems or tries to make it worse? Citizens take their case to the courts, and increasingly that is where protections for our precious groundwa-ter resources are being added.

What’s happened in the courtsTwo substantial decisions from administrative courts in Sep-

tember represent a huge win for groundwater protections in Wis-consin. The decisions in the Richfield Dairy and New Chester Dairy cases both relate to the Department of Natural Resources’ (DNR) authority to regulate high-capacity wells. The combined effect of the two decisions is that DNR now has a broad author-ity to give greater scrutiny and require additional monitoring for applications for new high capacity well approvals. As a note, both dairies are owned by Milk Source Holdings, Inc., the largest dairy operator in Wisconsin.

In Adams County, Richfield Dairy’s high-capacity well approval was challenged by Family Farm Defenders and the Pleasant Lake Management District, which alleged that DNR did not consider the cumulative impacts of the proposed wells. For years, groups

By Elizabeth Wheeler & Amber Meyer Smith

The shifting landscape of groundwater regulation, and what’s being done to protect our water

“Wisconsin is well-positioned to comply with the Clean Power Plan and has the technical and economic potential to ex-ceed its requirements.” This is the conclu-sion of an analysis conducted by Clean Wis-consin’s science and research team, which found that many utilities in the state are already well on their way to achieving the 18.6% reduction in total carbon pollution emissions required by the rules.

The Clean Power Plan is made up of four building blocks that, taken together, will help states meet their targets, as the EPA has set these targets based on each state’s po-tential under the different building blocks. Clean Wisconsin took a look at the assump-tions EPA made in determining its goal for Wisconsin. The following is the breakdown of how Wisconsin can fare in each category.

More Efficient Power PlantsThe first building block looks at the po-

tential to improve how efficiently existing coal plants operate to get more electricity out of each unit of coal burned. The EPA proposal estimates that, on average, each

Analysis:Wisconsin can meet an even stronger carbon

pollution standard

PROTECTING OUR ASSETS

By Clean Wisconsin Staff

2 Fall 2014

&

Executive Director Mark Redsten

Development Director Angela Cao

Director of Science & Research Tyson Cook

Chief Financial Officer Nick Curran, CPA

Communications Director David Hunt

Membership & Development Coordinator

Jake Immel

Organizing Hub Coordinator Melissa Gavin

Water Quality Specialist Emily Jones

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

Clean Energy Specialist Katy Walter

Creative Director Amanda Wegner

Staff Attorney Elizabeth Wheeler

Office Manager David Vitse

Chair Margi Kindig, MadisonVice Chair Chuck McGinnis, MiddletonTreasurer Gof Thomson, New Glarus Secretary Gary Goyke, Madison Belle Bergner, Milwaukee Shari Eggleson, Washburn Luke Fairborn, Whitefish BayElizabeth Feder, Madison Scott Froehlke, MontelloKaren Knetter, MadisonMallory Palmer, MadisonGlenn Reinl, MadisonCarl Sinderbrand, MadisonArun Soni, MadisonBruce Wunnicke, Richland CenterBoard Emeritus Kate Gordon, San Francisco

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 $35. Please direct correspondence to the address above. Volume 44, No. 4 Issue date: October 2014©2014 Clean Wisconsin. All rights reserved. ISSN # 1549-8107

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 10,000 members, supporters and coalition partners, Clean Wisconsin protects the special places that make Wisconsin a wonderful

place to live, work and play.

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

STAFF

BOARD

Printed with soy ink on unbleached, recycled paper.

Need the perfect gift this holiday season?Gift certificates, candles, chocolates … these common gifts are fleeting both in existence and in the memory of the recipient. However, 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, fisher, hunter, swimmer or outdoor enthusiast, a gift membership to Clean Wisconsin lasts all year and translates to real progress in preserving Wisconsin’s beautiful places to live, work and play. To purchase a gift membership, visit www.cleanwisconsin.org/defender and complete the dedication section; mail a check to our office and be sure to mention the full name and address of the honorary gift or gift member; or contact Jake at 608-251-7020 x23 or jimmel@cleanwisconsin.org.

Share your story with Clean WisconsinBecause we can’t protect Wisconsin’s environment without you, we want to know why you care enough to support us. Did you learn your conservation ethic from your grandparents? Do you take a daily hike through the woods near your home? Are you worried about the impacts of climate change? We want to learn about the places you love in Wisconsin, why they’re worth protecting, and why you support us. To share your story, contact Jake at 608-251-7020 x23 or jimmel@cleanwiscon-sin.org or submit it at www.cleanwisconsin.org/tellyourstory. Thank you again for supporting our work!

Thank you for taking our survey!Whether it was via email or snail mail, many of you took the time to respond to our member survey the last two months ... thank you! We appreciate your valuable feedback about Clean Wisconsin and our work.

• Join our Action Network at cleanwisconsin.org• Like us on Facebook and follow us on Twitter• 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 by entering your

address or using the interactive map at http://legis.wisconsin.gov/w3asp/waml/waml.aspx

Stay informed on what’s

happening in our state

government

News, Notes Events

Over the past few months, Clean Wisconsin has been honored to add three new wonderful members to our board of directors. We’re happy to welcome:

Glenn Reinl, MadisonA CPA and a lifelong resident of Wisconsin, Glenn believes that the Earth pro-

vides a way for us to connect to what is really important in our lives. Following his retirement as Chief Financial Officer from Shared Medical Services, he can be found in his cabin (no water or electricity!) in the Nicolet National Forest during a very cold 10 days each winter. When not at his cabin, he lives on the east side of Madison.

Mallory Palmer, MadisonMallory was born and raised near Lake Wisconsin. She is currently attending the

La Follette School of Public Affairs at UW-Madison and will graduate in May 2015 with a master’s degree in public affairs. Outside school, Mallory spends time with her family, gardening and playing volleyball; she was an academic All-American player at Edgewood College.

Arun Soni, MadisonA Chicago-area native, Arun is currently finishing his MBA at UW-Madison, spe-

cializing in finance. Before coming to Wisconsin, he worked at the Wilderness So-ciety as a lobbyist in Washington, D.C. and as a business development manager for Nova Medical Centers. Outside work and school, he is an avid athlete and outdoor enthusiast.

Welcome!

www.cleanwisconsin.org 3

from the Executive Director

Mark Redsten Executive Director

Robin Hood in Reverse

State utilities propose anti- conservation, renewable energy rates

By Katie Nekola and Matt Landi

In what appears to be a coordinated effort, three Wisconsin elec-tric utilities have proposed radical rate restructuring schemes that would penalize customers who conserve energy as well as those who have installed solar panels on their homes or invested in other forms of distributed generation. Many critics consider these proposals to be a “war on solar.”

Earlier this year, Wisconsin Public Service Corporation (WPS), We Energies, and Madison Gas and Electric (MGE) all filed ap-plications with the Public Service Commission to dramatically change the way they bill their customers. The new structure would shift amounts charged in the “variable” category, which is based on customer’s actual electricity use, to what is called a “fixed charge,” an amount customers cannot control by reducing their use. As a result, those who use the least electricity will end up paying more, and those who use the most will pay less. Accordingly, some critics have called this “Robin Hood in Reverse.” The impacts of MGE’s proposal on residential customers can be seen in the chart below.

Low-use customers, in-cluding those on fixed in-comes, apartment dwellers, students and customers who have invested in energy efficiency, practice energy conservation or have invest-ed in solar panels, would see dramatic increases in their monthly electricity bills if these rates are approved. These low-use customers will, in effect, be subsidiz-ing the decreases high-use customers receive on their monthly bills if these com-panies get their way.

In addition to its regressive rate restructuring plans, We Energies is proposing to impose new fees on customers who generate their own electricity. This includes solar, wind or any other distributed generation source. For example, the Milwaukee Metro Sewerage District (MMSD) and Potawatomi Casino would both pay higher fees because they own biodigesters. MMSD has filed testimony op-posing the new fees.

Not only is We Energies adding fees for to those who invest in renewable generation, they are also trying to prohibit third-party financing of solar facilities. Other states allow third-party owner-ship and leasing, which opens the door for more customers to take advantage of solar energy. The City of Milwaukee, whose Sustain-ability Plan calls for more energy independence and efficiency, has also intervened in the PSC case to oppose the We Energies plan.

Clean Wisconsin has intervened in the We Energies and MGE rate cases, opposing the fixed charge increase and other anti-re-

...those who use the least electricity will end up paying more, and those who use the most will pay less. Accordingly, some critics have called this “Robin Hood in Reverse.”

newable energy and anti-energy efficiency schemes. We are work-ing with other groups to help them voice their concerns about these regressive plans.

In addition to our intervention in these rate cases, Clean Wis-consin, along with the Citizens Utility Board, will be working with MGE to discuss alternatives to the rate restructuring they have proposed this year with the goal of preserving customer incentives to invest in energy efficiency, conservation and renewable energy. This Technical Working Group is scheduled to meet frequently over the next five months and consider, among other things, what other states are doing to encourage solar energy and enerygy ef-ficiency rather than penalize them. This process will have oppor-tunities for public input, and Clean Wisconsin will alert its mem-bers and the public when those opportunities occur.

Monthly Consumption Current MGE Bill Proposed MGE Bill Bill Change Percent Change

100 kWh $26.99 $35.16 $8.17 30.3%200 kWh $42.64 $49.67 $7.03 16.5%

1500 kWh $242.26 $234.70 -$7.57 -3%2000 kWh $318.24 $305.14 -$13.10 -4%

Standing with more than 400,000 people in the streets of New York for the People’s Climate March in September was an exhilarating expe-rience, to say the least. There were so many people from many places, income brackets and backgrounds, but one clear message powerfully underscored our unity: Our leaders must take action on climate change NOW.

That’s why I made the 36-hour roundtrip on a packed bu to contribute stories about the many ways climate change is affecting Wisconsin.

Climate change is already impacting the state we love. It’s impacting our quality of life through extreme weather events, causing costly flooding in our city streets and water backups in our basements, as well as droughts that hurt our livestock and agricultural production.

At Clean Wisconsin, we know these problems can’t be solved overnight; that’s why your support is more important than ever. Your many voices and contributions help us address the climate challenges we are already facing while preparing for those as well as other challenges on the horizon.

And your many voices came together in force on Wednesday, Oct. 8 when four celebrity chefs who understand the impor-tance of a clean environment, plus more than 400 supporters like you came out to support and celebrate the work of Clean Wisconsin at An Epicurean Evening. Our first-ever gala event, you made it a blow-out success! While your generosity that evening was amazing, your rock-solid support is what we have come to expect and dearly appreciate! THANK YOU!

With your help, whether at events like Epicurean Evening, through monthly giving, special year-end contribution, contact-ing your legislators and helping spread the word about Clean Wisconsin, we can protect Wisconsin’s environment and the places we love throughout the state.

In this issue of Defender, you’ll see how your support is help-ing us effectively make a difference on many fronts: To protect our groundwater and drinking water; to ensure a strong plan for reducing climate change pollution; to help local commu-nities sustainably manage stormwater to protect their health, property and neighborhood; and so much more. We know we can’t do it without you.

Thank you for all you do,

4 Fall 2014

Moving forward, Clean Wisconsin and our partners insist that to be sustainable, any groundwater bill must follow these four core principles:

1. Groundwater management and permitting must be based on science

2. Help citizens and waterways that are currently being impacted by over-pumping

3. Prevent problems caused by over-pumping of groundwater in the future

4. Cannot rollback protections provided by the courts

Current groundwater law leaves

99% of lakes92% of rivers & streams

98% of springsunprotected from the devastating

impacts of over-pumping

Assets continued from cover

like Clean Wisconsin and local citizens have been asking that any high-capacity well permit limits be set according to what is cumula-tively being pumped from all the wells in an area. Without this de-cision, DNR would look only at one property’s wells when making decisions about pumping rate, while ignoring the other high-capac-ity wells that might be causing strain on the local water resource.

The judge in the case ruled that DNR is required to engage in science-based decision-making, and that cumulatively reviewing the impacts of a high-capacity well is the department’s constitu-tional duty. Thus, Judge Bolt stated, “it is scientifically unsupport-ed, and impossible as a practical matter, to manage water resources if cumulative impacts are not considered.” This decision is a huge milestone for groundwater protection and was litigated by our own board member attorney Carl Sinderbrand. The neighbors and citi-zens who put up their own money to secure this victory deserve our gratitude.

In another important case that Clean Wisconsin was a party to, a judge ruled that ordering a high-ca-pacity well owner to install monitors is well within DNR’s authority. It may sound incredulous, but New Chester Dairy in Adams County was fighting a DNR requirement that the dairy monitor groundwater levels to ensure there were no adverse impacts of their

pumping. The dairy argued that this monitoring provision was not reasonable, and the DNR fought to keep the requirement. Clean Wisconsin stepped in to intervene on DNR’s behalf, and the judge ruled in our favor, stating that DNR’s authority and general duty to consider the environmental impacts of a high-capacity well in-cludes the authority to include monitoring.

Moving forwardWhile we are very happy about these recent decisions, we are

still keeping pressure on the state Legislature to find permanent solutions to Wisconsin’s groundwater problems. Senate leadership has already indicated that this will be a top issue considered by the Legislature in the next session, which begins in January. It is now our job to make sure those legislators understand that we need more protections for our groundwater and drinking water, not more bending to special interests.

Both Minnesota and Michigan have established groundwater pro-tections that ensure waterways are protected from over-pumping, and that the agricultural sector remains vibrant. If our neighbor states can do it, so can we — we just need the right leadership to bring everyone to the table and work toward compromise, just as when Wisconsin’s first groundwater protection law was put in place in 2004. Ten years later, it’s well past time to move forward.

Ten years later, it’s well past time to move forward.

State of EmergencyClean Wisconsin files joint petition for

EPA action in Kewaunee County

With nearly one-third of the county’s wells contaminated with bacteria and nitrates, Clean Wisconsin, along with five other en-vironmental groups, recently filed a petition for emergency action with the EPA to clean up groundwater and drinking water in Ke-waunee County.

The petition asks the EPA to exercise its emergency powers under the Safe Drinking Water Act, including providing safe drinking water in an area where contamination poses serious public health threats, investigating the source of contamination. and initiating enforcement actions against polluters that should be held account-able. This effort builds upon ongoing, local efforts, including a recent 20-0 Kewaunee County Board of Supervisors vote seeking to limit winter manure spreading in susceptible areas.

Portions of Kewaunee County are especially susceptible to groundwater pollution due to shallow soils overlaying fractured carbonate bedrock, resulting in the rapid movement of contami-

nants, including bacteria and nitrates. Even a single exposure to salmonella or campylobacter jejuni, which has been found in some of Kewaunee County’s wells, can cause serious illness or death. High nitrate levels pose significant risks to children and pregnant women, including Blue Baby syndrome, a life-threatening condi-tion that limits the blood’s ability to carry oxygen to the brain.

In addition to Clean Wisconsin, Environmental Integrity Project, Midwest Environmental Advocates, Midwest Environmental De-fense Center, Kewaunee CARES and Clean Water Action Council of Northeast Wisconsin were also included on the petition.

Despite well-documented pollution, including a 2007 compre-hensive taskforce report, Kewaunee County’s groundwater issues have been largely untouched by local and state officials. While ag-riculture is not the sole cause of the contamination, it is a major contributor and intensive agricultural practices are on the rise as Kewaunee County has the highest concentration of large livestock confinements of any county in the state. Records show that the animals on Kewaunee’s largest farms, combined, produce the bio-logical waste equivalent of 900,000 humans annually, about nine times the population of Green Bay. In addition, nearly 340 million gallons of liquid manure and more than 81 tons of solid manure are spread annually throughout the county.

Clean Wisconsin is compiling coments on this issue to share with the EPA. To share your comments, visit www.cleanwisconsin.org/kewaunee-comments

www.cleanwisconsin.org 5

Clean Wisconsin’s green infrastructure outreach project has been a great success, generating enthusiasm and buy-in for manag-ing water where it falls in neighborhoods throughout Milwaukee’s 30th Street Industrial Corridor.

Through this collaborative project sponsored by Milwaukee Metropolitan Sewerage District (MMSD) and in partnership with Northwest Side Community Development Corporation (NWSCDC), Marek Landscaping, LLC and local artist Quan Cas-ton, we have installed 90 rain barrels, eight rain gardens and three stormwater public art pieces throughout the corridor. Local resi-dents have used these installations to divert approximately 126,000 gallons of stormwater from the sewer system, and over 100 pounds of pollutants will be diverted from Milwaukee’s waterways each year, strengthening the community’s environmental sustainability.

Clean Wisconsin has worked with residents from 10 different neighborhoods throughout the area, including Century City Tri-angle, Sherman Park, Washington Park and Cold Spring Park. We are also engaging in further green infrastructure planning on MMSD’s 30th Street Industrial Corridor Advisory Council and with the support of a $60,000 matching grant from the Wisconsin Coastal Management Program for work through June 2015.

In order to facilitate our ongoing work with community organiza-tions, neighbors and other stakeholders in the 30th Street Indus-trial Corridor, Clean Wisconsin is subleasing office space in the Century City Tower, sharing the seventh floor with NWSCDC, Midwest Energy Research Consortium (M-WERC) and Uniting Garden Homes.

By

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126,000

and 100+

90 rain barrels8 rain gardens+

= gallons of stormwater diverted from the sewer system

pounds of pollutants di-verted from Milwaukee’s waterways each year

Adding Up to a GREAT SUCCESSRecapping our work in Milwaukee’s

30th Street Industrial CorridorBy Pam Ritger

Clean water starts at the source. As you follow tributaries to lakes and rivers further upstream, they get smaller and might not even exist at all times of the year. But even if these tributaries aren’t as large and visible as those waters downstream, they’re still important for water quality. A lake is only as clean as the waters that feed it.

These smaller yet important water bodies are at the heart of a proposed EPA rule to better define the waters protected by the Clean Water Act (CWA), the nation’s cornerstone water quality law. While CWA prohibits illegal pollution to the “waters of the United States,” what exactly are these waters? The proposed rule seeks to an-swer this question.

The proposed rule clarifies CWA protection of several types of water bodies, includ-ing headwaters, intermittent and ephemeral streams, wetlands and other connected waterways. The protection for these water bodies has been ambiguous following two Supreme Court decisions in the 2000s. Since these decisions, the CWA protection for these water bodies has been determined on a case-by-case basis. By standardizing a definition, the proposed rule will reduce this uncertainty.

However, the proposed rule has stirred opposition among some groups, like the American Farm Bureau Federation, which claim the proposed rule is a regulatory overreach. EPA has debunked several of these claims, but opposition has persisted and threatens to block the rule.

Clean Wisconsin is submitting comments to EPA in support of the rule in Novem-ber. You can add your voice by taking action on our website. Your action will help make it clear that all of Wisconsin’s waters deserve unquestionable protection from pollution.

The Heart of the MatterDefending & defining

the Clean Water ActTake action at www.cleanwisconsin.org/cwa By Emily Jones

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Project partners from MMSD, MWSCDC, Marek Landscaping and Clean Wisconsin worked with homeowners to install a rain garden

in the Sherman Park neighborhood.

Artist Quan Caston installing one of three art pieces in late August to raise awareness about green infrastructure

Youth help paint a rain barrel during National Night Out in August.

6 Fall 2014

A night with celebrity chefs for

What an amazing night!

Hoyos Consulting LLC

Executive Chef Sponsors

Front of House Sponsors

In-Kind Sponsors

Thank you to everyone who came out for Clean Wisconsin’s inaugural An Epicurean Evening! Set against the beautiful backdrop of

Madison’s Lake Mendota and the brand-new Edgewater hotel, more than 400 of you joined us to support and celebrate the things that make

Wisconsin great: clean air, clean water and the places we all love.

We also want to extend a huge thank you to our volunteers, partners, mixologists and chefs.

Without you — all of you — none of this would have been possible!

Raising a glass for clean air, clean water and Clean Wisconsin PHOTO: Amanda Lynn Jones

Our chefs (from left): Jonny Hunter, Anna Dickson, Dan Fox & Tory Miller

Executive director Mark Redsten talks to attendees about Clean Wisconsin’s work

Perusing the silent auction

PHOTO: Amy Schereck Beyer, Amy B Creative

PHOTO: Amanda Lynn JonesPHOTO: Amanda Lynn Jones

Emcee Mariah Haberman

PHOTO: Amanda Lynn Jones

PHOTO: Amy Schereck Beyer, Amy B Creative

PHOTO: Amanda Lynn Jones

PHOTO: Amanda Lynn Jones

Madison College culinary students asissted the chefs

PHOTO: Amanda Lynn Jones

County Executive Joe Parisi Jessica Harrison, Peggy Scallon & Kendall Harrison

PHOTO: Amanda Lynn Jones PHOTO: Amy Schereck Beyer, Amy B Creative

Our lovely volunteer crew

Board member Gof Thomsen (left) at the wine pull

PHOTO: Amy Schereck Beyer, Amy B Creative

PHOTO: Amanda Lynn Jones

See more at www.wisconsinepicureanevening.org/photos

8 Fall 2014

76th Assembly DistrictD-Madison

office phone: 608-266-5342rep.taylor@legis.wisconsin.gov

Representative Chris Taylor was elected in a special election in 2011, and now repre-sents the 76th Assembly District encompassing Madison’s downtown and near east side. Taylor is a practicing attorney, and the former executive director of Planned Parenthood Advocates of Wisconsin. Coming from the advocacy world, she has a unique understand-ing of how to advance policies in the Capitol and what it takes to secure victories for a cause, and was an environmental champion even before she took office.

The environment is not just important to her as a legislator; it’s something she and her family live every day. Taylor’s husband is Jim Feldman, a professor of Environmental Studies and History at UW-Oshkosh, and they impart the importance of clean air and clean water on their two young sons. Taylor even authored the Children’s Outdoor Bill of Rights.

“To my family and I, clean air to breathe and clean water to drink are basic rights,” Tay-lor noted. “I will continue the fight to increase protection of our natural resources until our children and future generations don’t need to be worried that their environment could be making them sick.”

Working with Clean Wisconsin, Taylor has led several efforts in the Capitol to advance clean energy and clean water issues. She authored the mercury thermostat recycling bill and has been working to advance Clean Energy Choice to promote more renewable en-ergy in homes, businesses and farms. She also has a keen interest in keeping pharmaceuti-cal waste out of our waterways and continues to look for solutions for proper disposal of unused prescription drugs.

Taylor has made headlines lately for exposing policies promoted by the American Leg-islative Exchange Council (ALEC), a group of conservative lawmakers and private sector representatives that drafts model legislation to benefit industry. Taylor has attended two ALEC conferences and reported on their inner workings, much of which revolve around denying climate change and opposing renewable energy.

“With groups like ALEC having such influence, the big winners are the kings of coal, and the losers are you and I who live with the ramifications of a coal-dominated energy industry that threatens our planet and our health.”

Clean Wisconsin is proud of the passion Rep. Taylor brings to environmental issues, and her appreciation for advocacy. There is no doubt she will continue to be a presence on these issues in the upcoming legislative session.

Rep. Chris Taylor

Legislative Leader Profile

Under the Lens

TOXIC LOOPHOLE

By Tyson Cook, Director of Science & Research

Loophole in law allows toxic coal ash to be largely unregulated

Each year, about one billion tons of coal is burned in the United States, making it the largest source of fuel used to produce electricity. Along with this production comes a number of waste streams. These include gaseous exhaust, wastewater, and about 130 mil-lion tons of leftover solid waste known as coal ash.

The coal ash waste left over from burning coal takes four general forms: fly ash, bottom ash, boiler slag and flue gas desulfurization (FGD) sludge, each of which comes from a slightly different place in a coal-burning furnace. Fly ash is comprised of fine ash particles that are small and light enough to rise with the exhaust gases, while bottom ash is the materials that collect either at the bottom or on the sides of the coal furnace. Boiler slag is a specific type of bottom ash created in “wet-bottom” boilers, when molten bottom ash is removed and quenched with water, forming a crystalline material. FGD sludge is an-other special case that results from a type of control used to remove sulfur dioxide from the exhaust gases.

Unfortunately, all that coal ash is not benign. Since it is made up of only the materials that do not burn when coal is combusted, it can end up with highly concentrated levels of toxic contaminants than were present only in small amounts the source coal. And when the coal ash isn’t properly managed, those toxic elements can leach out into water sup-plies, threatening the health of people and the environment. The most dramatic cases of damage from coal ash occur when enormous lagoons of toxic ash burst, like when a dam failed and spilled over one billion gallons of coal ash into the Emory River in Tennessee in 2008. However, pollution from coal ash also takes a less dramatic, but no less harmful form, when toxic chemicals leak slowly from dumps or “beneficial uses” in the environ-ment. Documented contamination of water has occurred at more than 100 disposal sites in 37 states. Of those types of damages, the EPA has found more places in Wisconsin where coal ash has impacted groundwater than any other state.

So why are the toxic materials in coal ash less controlled than other waste streams? There is a loophole specific to fossil fuel combustion wastes in the primary law dealing with all solid waste in the United States: the Resource Conservation and Recovery Act (RCRA). RCRA distinguishes between wastes that are considered “hazardous” and those that are not, and places the strictest requirements on managing hazardous wastes, including those that that threaten human health or the environment when improperly managed. The loophole in RCRA excludes coal ash from being considered hazardous, and therefore al-lows it to be managed as if it were a completely benign material.

Fortunately, the EPA is now reconsidering coal ash regulations, and a settlement from a 2012 lawsuit has given them a deadline of December 19, 2014 to finalize the new rules. More information on those rules, including two proposals put forth by EPA, are available on the agency website.

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www.cleanwisconsin.org 9

power plant across the country should be able to increase efficiency by 6%. While some plants in Wisconsin have been retrofitted recently to reduce other pollutants, Clean Wis-consin’s analysis shows that by simply ramping up the use of more efficient coal plants in the state and ramping down the less efficient plants, utilities could capture as much as a 5% reduction in carbon emissions without having to make any new improvements at all.

Cleaner FuelsThe next building block is based on the possi-

ble carbon reductions that can come from burn-ing natural gas instead of coal. EPA assumes that utilities could run natural gas plants (which have roughly half the carbon emissions of coal plants) at 70% of their possible capacity. It’s true that no plant can be run at 100% utilization for a number of reasons, including things like needing to shut down for routine maintenance, but many of our natural gas plants have the technical ability to run at a 80% to 85% capacity. Wisconsin has a good deal of natural gas capacity not being utilized, so we can achieve some very significant reductions here.

More Renewable EnergyClean Wisconsin found that the EPA made fairly conservation assumptions about the

carbon reductions that are achievable by developing cost-effective renewable energy. Look-ing at how much renewable energy we generate in the state, EPA estimates that we can increase our current 5% to at least 11% by 2030. By strengthening our existing Renewable Portfolio Standards (RPS) and expanding renewable energy programs through Focus on Energy, Wisconsin can definitely exceed this target. This is especially true considering utilities could get credit for continuing to add renewable energy in other states to their generation mix.

Increased Energy EfficiencyLikewise for energy efficiency, we found that the EPA underestimated the potential for

this in Wisconsin. The agency assumed that we would reach a level of energy efficiency that reduces annual electrical use by 1.5% a year by 2020, then stay at 1.5% from 2020 to 2030. An analysis from the Wisconsin Public Service Commission in 2010 showed that in 2014, we could already have reached that level of energy savings from efficiency. Neigh-boring states, including Illinois and Indiana, have passed laws requiring their utilities to achieve a 2% annual reduction long before 2020. Energy efficiency is the lowest cost way of reducing carbon emissions, so we should be maximizing our efforts here.

If you take all these pieces together, we believe that Wisconsin could easily exceed EPA’s proposed goal for the state to reduce our rate of carbon emissions by 34%. We recognize that the proposal from EPA is very complicated (out of necessity) and imperfect, so we have come to an agreement with utilities on a number of changes to recommend to EPA for its final rule to make it even better. But all things considered, the reductions target EPA has set for Wisconsin seem modest and by investing heavily in energy efficiency, we’re confident the state can do better at a lower price.

The EPA has extended its deadline for public comment on its draft

carbon pollution standards for existing

power plants.That’s great news for those of us working hard to get these critical

standards over the goal line. Thanks to the hundreds of you that already

submitted your comments in support of the rule.

If you haven’t, take action today at:

www.cleanwisconsin.org/ epa-comments

If you take all these pieces together, we

believe that Wisconsin could easily exceed

EPA’s proposed goal for the state.

It’s been nearly three years since Gogebic Taconite (GTAC) first announced their plan to mine for iron ore in Iron and Ashland Counties, but the company has yet to apply for a permit to pro-ceed with its project. With important discussions about the pro-posed mine going on at the local, regional and national levels — and headlines regularly speculating about the mine’s future — it’s now unclear whether we will actually see a taconite mine in the Penokee Hills.

Environmental studies are being conducted by a variety of orga-nizations to identify important natural resources at and surround-ing the proposed mine site. GTAC recently announced that there are more wetlands on the site than the company initially expect-ed. GTAC also announced that it was considering suspending its plans to mine in Ashland County and has said it will spend the winter studying an Iron County-only mine.

In addition, six tribes of the Lake Superior Chippewa Federa-tion have petitioned the EPA to exercise its authority under the

Clean Water Act to prohibit waste disposal at the proposed GTAC mine. This request is similar to one that has gotten some traction in Alaska, where another metallic mine proposal threatens Bristol Bay. The EPA has announced it will consider using its authority to halt the Bristol Bay operation.

Although there has been speculation that because of the falling price for iron ore, GTAC may be reconsidering whether to mine in the Penokee Hills, there is no assurance that the company is ready to withdraw its proposal yet. All the company has publicly said is that it is pushing back its plan to submit an application until the fall of 2015 at the earliest. In the meantime, Clean Wisconsin is working with the DNR, EPA, tribes, citizens and other organiza-tions as they collect ecological data to refine our legal arguments and identify what additional studies must be conducted so that we have a full arsenal to protect the Northwoods when and if GTAC does apply for a permit to mine in the Penokees.

From the HeadlinesRecent actions, news & studies indicate increasing hurdles to GTAC’s iron mine

Huge mine may shrink away from Ashland County, Gogebic Taconite says—Wisconsin State Journal, Sept. 5, 2014

Tribes ask EPA to intervene in Gogebic iron mine proposal-Milwaukee Journal Sentinel, June 27, 2014

Analysis continued from cover

www.cleanwisconsin.org 11

President’s Circle$25,000+Anonymous

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

Patrons$5,000–$9,999Anonymous (2)

Benefactors$2,500–$4,999

Anonymous (6)Amy GillilandAmy RadspinnerCarl SinderbrandChuck BarnhillCitizens Natural Resources Association of Wisconsin

Dale Druckrey Conservation FundDaniel Smith MD & Marcia SmithDW & Christena BensonEdward & Ann HastreiterEmerging Energies of Wisconsin LLCGary Goyke & Nancy RottierGof & Mary ThomsonGretchen La Budde & Michael WhaleyThe Hammes CompanyHausmann-JohnsonHenry Anderson MD & Shirley S. LevineJack Westman MDJennifer & Bill ZorrKaren & Michael KnetterKarin Sandvik

Katharine Odell Kurt Sladky & Deb NeffLaurie & Richard KracumLiz Feder & Mark JohnsonLiz MiddletonLuke & Carol FairbornMadison Community FoundationMargaret Baack & Michael McAdamsMargi & David KindigMendota FinancialNumbers 4 Nonprofits LLCPeggy HedburgPeggy Scallon MD & Mark RedstenRichard Gosse DDS & Karen GosseRobert Hagge Jr.Robin DownsRoland Schroeder & Mary MowbrayScooter SoftwareStonehouse Development, LLCSusan & Jerry GreenfieldThomas Schlueter MD & Ellen Neuhaus MDVierbicher & Associates

Investors $1,000–$2,499

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.

Thank you for your dedicated generosity to our work!

Being a Corporate Guardian is an excellent investment in your business as you support our work for clean air, clean water and the places that make Wisconsin great!

We encourage you to learn more about and do business with our wonderful Corporate Guardians!

www.crossroadscommunityfarm.com Cross Plains

www.holidayvacations.netwww.sustaineng.comMadison

www.thompsonim.comMadison

www.johnsoncontrols.com

Interested in joining these businesses? Contact Angela Cao at 608-251-7020 x17 or acao@cleanwisconsin.org.

www.madisonmagazine.com

www.cascade-assets.comMadison

Hoyos Consulting LLCwww.hoyosconsulting.com

Edgerton, Madisonwww.nordicwi.com

Madison

www.delta-properties.comMadison

www.thinkinkanddesign.com Madison

www.capitalfitness.net Madison

A Beautiful Evening in CedarburgFor 10 years, longtime supporters and friends Inge and Frank Wintersberger have generously hosted a

fundraiser for Clean Wisconsin’s work for environmental protection and awareness. Over the past 10 years, this event has brought in over $30,000 in support for Clean Wisconsin. The Wintersbergers did it again this year on a September evening as Clean Wisconsin executive director Mark Redsten, who also serves on the board of directors for the Fund for Lake Michigan, shared with attendees the importance of the work of The Fund for Lake Michigan and Clean Wisconsin’s role in getting the Fund established. It was a great evening visiting with friends and sharing our work.

Thank you to Inge and Frank for years of gracious and generous hospitality and friendship!

A very big thank you to our event co-hosts & sponsors:

Thank you to all who attended, as well as those who could not attend but financially supported Clean Wisconsin!

Co-hosts Ahmad Ashour & Rick Wintersberger

Co-hosts Norm & Mary Dyer

Co-HostsVictoria & Rick Wintersberger

Kim Wintersberger & Ahmad AshourMary & Norm Dyer

SponsorsJeanne L. Berner

Warren Kreunen & Sally DubackPaul & Shirley Neylon

Hosts Inge & Frank Wintersberger with speaker Mark Redsten

NorthwoodsAn evening in the

Thank you for joining us at

Photo: English Lake, Mario Quintana

In mid-October, Clean Wisconsin staff made their way to Bayfield to meet and greet with our members and supporters and connect with new ones. Ashland Mayor Deb Lewis was on hand to share a few words of support for Clean Wis-consin, as was State Assembly candidate Beth Meyers. Co-hosted by board member Shari Eg-gelson, the event was held at Pike’s Bay Marina in Bayfield. Thank you to everyone who came out in support of Clean Wisconsin!