Document ZJzOkJdYop7kQOMLYGyk7QY8J

Message From: Sent: To: Subject: Williams, Quinn L - DNR [Quinn.Williams@wisconsin.gov] 6/7/2017 11:07:26 PM Greenwalt, Sarah [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=6cl3775b8f424e90802669b87bl35024-Greenwalt,] RE: next steps for VTA discussion 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 ) phone; (6Q8) 266-1318 (it) fax; (6Q8) 266-6983 (E) quinn.williams@wisconsin.gov CONFIDENTIALITY: This message may contain information which, by law, is privileged, confidentiai 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, piease notify us by reply e-mail or by telephone and immediately delete this message and any/ail of its attachments. ttl) dnr.wi.gov SZ3 From: Greenwalt, Sarah [mailto:greenwalt.sarah@epa.gov] 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@wisconsm.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 (111) phone; (608) 266-1318 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00108061-00001 (Ill) fax; (60S) 266-6983 ( 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 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/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 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 a te g o ry Stacking A reas 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 stacking used bedding a n d /o r fe e d in u nsu ita ble a re as w ith 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/or im properly m anaged feed storage structures. 4 out of the 6 facilities had unauthorized discharges from the VTA. 2 out of the 2 had problem s with inadequate or no containm ent for their feedlot runoff. This runoff had the potential to discharge to surface w a te rs. 3 out of 3 had problem s w ith runoff from calf hutch areas that had the potential to discharge to surface waters. Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00108061-00002 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 J.Gdustry. Groujp. Chair, Agribusiness, Food & Beverage 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: (608) 266-1318 (() fax: (608) 266-6983 Sierra Club v. EPA 18cv3472 NDCA Tier 10 ED 002061 00108061-00003 (() 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 00108061-00004