Document V3kLow1VdjgjZ29ge4X0pjw78

Message From: Sent: To: CC: Subject: Attachments: Williams, Quinn L - DNR [Quinn.Williams@wisconsin.gov] 6/9/2017 7:14:20 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]; Williams, Quinn L - DNR [Quinn.Williams@wisconsin.gov] RE: next steps for VTA discussion FeedRunoff-DraftGuidance-6-2-16.docx Hi Aiex, You bet. Sorry about that. Here you go for the guidance, i don't have the enforcement results from February 2016 handy, however. 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: j E x . 6 j (It) fex: (608y266-6983 ( E ) e-mail: quinn.williams@wisconsin.gov CONFIDENTIALITY: This message may contain information which, by law, is privileged, confidential or exempt from disclosure. CQjjtacLthe 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. IIf t j dnr.wi.gov From: Dominguez, Alexander [mailto:dominguez.alexander@epa.gov] Sent: Friday, June 09, 2017 11:01 AM To: Williams, Quinn L - DNR Cc: Bennett, Tate Subject: RE: next steps for VTA discussion Hey Quinn - Great talking with you and thanks again for answering all our questions. I apologize but I don't think the draft guidance was attached or if it was it did not come through as an attachment when forwarded. Also, I meant to ask on the phone but do you have a copy of the EPA's February 19, 2016 report of the results of the third state enforcement review handy? If not, not a problem and I can ask our folks on Monday - 1was just going to try and look over it this weekend. Anything else just let us know and I'll get to work on tracking down the answers to your questions. Have a good weekend, Alex Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00068879-00001 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: Williams, Quinn L - DNR [mailto:Quinn.Williams@wisconsin.gov1 Sent: Friday, June 9, 2017 11:19 AM To: Bennett, Tate <Bennett.Tate@epa.gov>; Dominguez, Alexander <dominguez.alexander@epa.gov> Cc: Williams, Quinn L - DNR <Quinn.Williams@wisconsin.gov>; Girard, Alexander C - GOV <Alexander.Girard@wisconsin.gov> Subject: RE: next steps for VTA discussion 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 Pejpartmerit of Natural Resources ( 8 ) phone; j Ex. 6 I ( it ) fax; (608) 266-6983 (13) amai: 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. clnr.wi.gov From: Bennett, Tate i malltoiBennett.Tate@epa.qov1 Sent: Friday, June 09, 2017 10:15 AM To: Williams, Quinn L - DNR Cc: Dominguez, Alexander Subject: Re: next steps for VTA discussion Hey Quinn! We keep getting a busy signal. Is there a better number? On Jun 8, 2017, at 12:28 PM, Williams, Quinn L - DNR <Quinn.Williams@wisconsin.gov> wrote: That would be great! What times work for ali of you? We are committed to service excellence. Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00068879-00002 Quinn L, Williams Chief Legal Counsel Director - Bureau of Legal Services Wisconsin Department of Natural Resources ( l i ) phone: Ex. 6 (S ) 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 fromdisciosure. ontact thiejsenderfor perm [ss[onjQ o [.to.d^ 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 strictiy prohibited. If you received this message in error, piease notify us by reply e-mail or by telephone and immediately delete this message and any/all of its attachments. <image001.gif> dnr.wi.gov <image002,gif> <image003.gif> <image004.gif> <image005.gif> <image006.gif> From: Dominguez, Alexander l~mailto:dominquez.alexander@epa.qovl Sent: Thursday, June 08, 2017 11:24 AM To: Williams, Quinn L - DNR Cc: Greenwait, Sarah; Bennett, Tate Subject: RE: next steps for VTA discussion 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@wisconsin.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, Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00068879-00003 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 call? 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 ) phona: Ex. 6 ( It ) fax: (60ByZS'6~mS3.....' ( E ) e-mail: quinn.williams@wisconsin.gov CONFIDENTIALITY: This message may contain information which, by law, is privileged, confidential or exempt from disclosure. Contact the sunder for permission prior to disclosing Pm c.onti'-ms of inis moymsp'm any o u w pm-.on. 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: Greenwalt, Sarah fmailto:qreenwalt.sarah@epa.qovl 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@wisconsin.gov> wrote: Hi Sarah, See beiow. 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 Deparjiment.qf .Natural Resources ( S ) phone: j Ex. 6 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00068879-00004 (Ill) fax; (60S) 266-6983 (B ) 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 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. <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 fiholevoet@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 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: C ategory Stacking Areas of Manure, bagged feed, used bedding and feed. Feed Storage Areas F in d in g s 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 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00068879-00005 Vegetated Treatm ent Areas Feed Lot Areas C alf Hutch Areas 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 feed lot 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. 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, WaterkeeperAlliance, Inc. eta! 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 Industry Group Chair, Agribusiness, Food & Beverage T: j___ Ex. 6____j | 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 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00068879-00006 (pzirnmerman@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: (608) 266-6983 " (() 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 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 00068879-00007