Document 4Jyj6b2b8qJJvNJrG1K6jLpne

Message From: Sent: To: CC: Subject: Williams, Quinn L - DNR [Quinn.Williams@wisconsin.gov] 6/8/2017 4:50:38 PM Dominguez, Alexander [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=5ced433b4ef54171864ed98a36cb7a5f-Dominguez,] Bennett, Tate [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=lfa92542f7ca4d01973bl8b2fllb9141-Bennett, El] Re: next steps for VTA discussion Perfect On Jun 8, 2017, at 11:36 AM, Dominguez, Alexander <dominguez.alexander@epa.gov> wrote: Could you do 11:15 ET? From: Williams, Quinn L - DNR [mailto:Quinn.Williams@wisconsin.gov] Sent: Thursday, June 8, 2017 12:27 PM To: Dominguez, Alexander <dominguez.alexander@epa.gov> Cc: Greenwalt, Sarah <greenwalt.sarah@epa.gov>; Bennett, Tate <Bennett.Tate@epa.gov> Subject: RE: next steps for VTA discussion That would he great! What times work for all of you? We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did. Quinn L, Williams Chief Legal Counsel Director - Bureau of Legal Services Wisconsin Department of Natural Resources ( 2 ) phonai Ex. 6 ( if ) fax: (608) 266-6983 (E) quinn.williams@wisconsin.gov CONFIDENTIALITY: This message may contain information which, by law, is privileged, confidential or exempt from disclosure. Contact Urn sender lor permission prior to disclosing f e contents or this umssuac to any other person.. This message is intended solely for the use of the addressee. If you are not the addressee, you are hereby notified that any use, distribution or copying of this message is strictly prohibited, if you received this message in error, please notify us by reply e-mail or by telephone and immediately delete this message and any/ali of its attachments. <image001,gif> dnr.wi.gov <image002.gif> <image003.gif> <image004.gif> <image005.gif> <image006.gif> From: Dominguez, Alexander rmailto:dommquez.alexander(S)epa.qov1 Sent: Thursday, June 08, 2017 11:24 AM To: Williams, Quinn L - DNR Cc: Greenwalt, Sarah; Bennett, Tate Subject: RE: next steps for VTA discussion Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069169-00001 Thanks Sarah. Quinn - Looping in Tate as well. We'd be more than happy to set up a call for tomorrow if you would like. Alex Alex Dominguez Policy Analyst to the Senior Advisor to the Administratorfor Air and Radiation U.S. Environmental Protection Agency 1200 Pennsylvania Ave., N.W. Washington, D.C. 20460 From: Greenwalt, Sarah Sent: Wednesday, June 7, 2017 11:26 PM To: Williams, Quinn L - DNR <Quinn.Williams@wisconsirt.gov>; Dominguez, Alexander <dominguez.alexander@epa.gov> Subject: Re: next steps for VTA discussion I am overseas on a work trip and will not return for another few days. If you'd like to discuss tomorrow I would encourage you to contact my senior policy analyst, Alex, who is cc'ed here. Best, Sarah Sent from my iPhone On Jun 8, 2017, at 1:09 AM, Williams, Quinn L - DNR <Quinn.Williams@wisconsin.gov> wrote: You around for a quick cali? We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did. Quinn L. Williams Chief Legal Counsel Director - Bureau of Legal Services Wisconsin Department of Natural Resources ( S ) phone:! Ex. 6 (S i) fax: (608) 266-6983 (W) -"mail: quinn.williams@wisconsin.gov CONFIDENTIALITY: This message may contain information which, by law, is privileged, confidential or exempt from disclosure. Contact the sender for permission prior to disclosing the contents of this message to any other person. This message is intended solely for the use of the addressee. If you are not the addressee, you are hereby notified that any use, distribution or copying of this message is strictly prohibited. If you received this message in error, please notify us by reply e-mail or by telephone and immediately delete this message and any/all of its attachments. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069169-00002 <image001,gif> dnr.wi.gov <image002.gif> <image003.gif> <image004.gif> <image005.gif> <image006.gif> From: Greenwalt, Sarah rmailto:Qreenwalt.sarah@epa.qov1 Sent: Wednesday, June 07, 2017 11:50 AM To: Williams, Quinn L - DNR Subject: Re: next steps for VTA discussion Thank you for this information. Sent from my iPhone On Jun 7, 2017, at 3:01 AM, Williams, Quinn L - DNR <Quinn.Williams(5)wisconsin.gov> wrote: Hi Sarah, See below. For our ongoing discussions. We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did. Quinn L, Williams Chief Legal Counsel Director - Bureau of Legal Services Wisconsin Department of/Natural Resources ( S ) phone:!.____ Ex_6____ j (11) fax: (608) 266-6983 (13) e-mail: quinn.williams@wisconsin.gov CONFIDENTIALITY: This message may contain information which, by law, is privileged, confidential or exempt from disclosure. Contact the sender for pf-r-ncction prior to dKoovng the contents of mh mosmg" to any om"r pmsom This message is intended solely for the use of the addressee. If you are not the addressee, you are hereby notified that any use, distribution or copying of this message is strictly prohibited, if you received this message in error, piease notify us by reply e-mail or by teiephone and immediately delete this message and any/ail of its attachments. <image001,gif> dnr.wi.gov <image002.gif> <image003.gif> <image004.gif> <image005.gif> <image006.gif> From: Crass, David A (22267) rmailto:DACrass@michaelbest.com1 Sent: Tuesday, June 06, 2017 1:39 PM To: Williams, Quinn L - DNR; Vebber, Lucas; Jordan K. Lamb; John Holevoet (iholevoet@WIDBA.COM); 'pzimmerman@wfbf.com' (pzimmerman@wfbf.com) Cc: Weigel, Brian M - DNR; Heilman, Cheryl W - DNR; Aquino, Mark D DNR; Michaud, Bernard J - DNR; Landretti, Jane R - DNR; Lowndes, MaryAnne - DNR; Voltz, Jeffrey R - DNR; Biersach, Pamela A - DNR Subject: RE: next steps for VTA discussion Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069169-00003 Quinn: Thank you for forwarding and I apologize my schedule has prevented me from attending the last couple of sessions. We were aware of this letter from Ms. Hyde because Pam and MaryAnne cited it to us--as well as EPA's February 19, 2016 report of the results of the third state enforcement review-- when we first met last Spring to discuss these issues as a basis for the Department's state-wide pronouncements and actions concerning VTAs and calf hutches. I'd ask you to consider the following about those EPA documents as relates to Wisconsin's position and response: The EPA Documents concern conditions observed at 8 CAFOs in Wisconsin. We have nearly 300 Large CAFOs I believe, meaning the "sample size" was about 0.03%. It was on this sample size that Ms. Hyde's letter is based when she communicates that EPA has "concerns" about whether the effluent limitations for both the federal and state program are being met statewide. However, USEPA's February 2016 report summary simply concludes that there is the "potential for discharge" in the report entries summarized concerning manure storage, feed storage, VTA's, feed lot areas and calf hutch areas: Category Stacking Areas of Manure, bagged feed, used bedding and feed. Feed Storage Areas Vegetated Treatm ent Areas Feed Lot Areas C alf Hutch Areas Findings 5 of 6 facilities w ere found to be stackin bedding a n d /o r fee d in u nsuitable areas the potential fo r runoff into a w aterw ay. 7 out of 8 facilities had the potential for unauthorized discharges either from no containm ent, im properly designed, and/ im properly m anaged feed storage struc 4 out of the 6 facilities had unauthorizec discharges from the VTA. 2 out of the 2 had problem s w ith inadeq no containm ent for their feedlot runoff, runoff had the potential to discharge to w a te rs. 3 out of 3 had problem s w ith runoff from hutch areas tha t had the potential to dis to surface waters. Note with respect to VTAs the report notes "unauthorized discharges" from the production area but does not mention "...to navigable surface waters." All other entries simply mention a "potential" to discharge. Further to that, under the "next steps" column in the summary report, USEPA writes: WDNR is transitioning from focusing on manure and process wastewater management and storage at the production site to placing additional emphasis on management of all wastestreams that have potential to discharge including production area storm water runoff, feed storage areas, calf hutch area, and vegetated treatment areas. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069169-00004 It is ironic that USEPA would focus on areas of "potential" discharge in Wisconsin when its own effluent guideline and permitting authority only applies to Large CAFOs that have an actual discharge to navigable surface waters. See, Waterkeeper Alliance, Inc. et al v. EPA, 399 F.3d 486(2d Cir. 2005). WDNR should point out to USEPA that its permitting program is more expansive than USEPA's, since Wisconsin Large CAFOs do not enjoy the option of self-determining that they are a "no discharge CAFO" and hence do not need a permit and since Wisconsin's program also requires groundwater protection. It seems to us inappropriate and a federal overreach for USEPA to suggest that a properly promulgated and incorporated technical design standard "does not ensure the required level of performance is being achieved" statewide when USEPA's own reports suggest only "potential discharges" that would not themselves trigger a permitting requirement under the federal program. Thank you. David A. Crass Partner Indust.rY.Gr.ouQ.Chair, Agribusiness, Food & Beverage T: Ex. 6 michaelbest.com Michael Best & Friedrich LLP ---- Original Message----From: Williams, Quinn L - DNR [mailto:Quinn.Williams@wisconsin.gov1 Sent: Wednesday, May 31, 2017 12:33 PM To: Vebber, Lucas; Jordan K. Lamb; John Holevoet (iholevoet@WIDBA.COM); 'pzimmerman@wfbf.com1 (pzimmerman@wfbf.com); Crass, David A (22267) Cc: Weigel, Brian M - DNR; Heilman, Cheryl W - DNR; Aquino, Mark D DNR; Michaud, Bernard J - DNR; Landretti, Jane R - DNR; Lowndes, MaryAnne - DNR; Voltz, Jeffrey R - DNR; Williams, Quinn L - DNR; Biersach, Pamela A - DNR Subject: RE: next steps for VTA discussion Hello everyone, For those of you who may not have seen it, please see the attached letter from EPA regarding VTAs from March of 2016 that is relevant to the guidance/discussions. We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did. Quinn L. Williams Chief Legal Counsel Director - Bureau of Legal Services Wisconsin Department of Natural Resources (() phone:; Ex. 6 j (() fax: (6087266-6983 (() e-mail: quinn.williams@wisconsin.gov Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069169-00005 CONFIDENTIALITY: This message may contain information which, by law, is privileged, confidential or exempt from disclosure. Contact the sender for permission prior to disclosing the contents of this message to any other person. This message is intended solely for the use of the addressee. If you are not the addressee, you are hereby notified that any use, distribution or copying of this message is strictly prohibited. If you received this message in error, please notify us by reply e-mail or by telephone and immediately delete this message and any/all of its attachments. dnr.wi.gov Email Disclaimer The information contained in this communication may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please return it to the sender immediately and delete the original message and any copy of it from your computer system. If you have any questions concerning this message, please contact the sender. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00069169-00006