Thursday, June 23, 2011
TAKE ACTION TODAY! Your help is needed now to preserve new rules limiting pollution of Wisconsin’s water. Phosphorus fouls Wisconsin’s waters by fertilizing the growth of algae and weeds, which deprive fish of oxygen and can harm human health. The Wisconsin Department of Natural Resources recently adopted rules that limit phosphorus pollution. But now Wisconsin Legislators seek to repeal those rules. We shouldn’t let that happen.
Please tell your state Assembly Representative and State Senator to support these new phosphorus rules and oppose efforts to weaken clean water rules. Wisconsin waters should be prized and protected by the Wisconsin Legislature. Defending clean water will protect both our economy and our natural heritage.
A new bill is expected to be introduced soon. Send a message to your Legislators asking them to maintain these clean water rules for the safety and beauty of Wisconsin’s waters. If they think no one is listening, they may continue these outdated dirty water habits.
Your representatives need to hear from you.
TAKE ACTION TODAY! Please send a free fax to your Senator and Representatives to ask them to take action to help implement these new rules.
Thursday, June 23, 2011
Since the 1930’s, Wisconsin has been one of the nation’s leaders in its attempts to control phosphorus pollution. But lately we haven’t done such a great job. Read more about today’s problems and how to take action.
1933: The federal government establishes first watershed protection program in Wisconsin. This program sought to curb soil erosion on farms, thus limiting the degree to which runoff affects local waters.
1972: Congress passes the Clean Water Act, with two main goals: make waters “fishable and swimmable” and eliminate discharges to waterways. This act made it illegal to discharge pollutants (such as phosphorus) without a permit.
1970’s: Great Lakes Water Quality Agreement between Canada and the United States aims to restore and maintain the chemical, physical and biological integrity of the Great Lakes. The agreement included a clause that required dischargers of phosphorus to reduce their discharges to 1 milligram/ liter.
1977: Wisconsin creates a program that offers to share costs with landowners to reduce the amount of runoff created by their farms or feedlots.
1983: Wisconsin becomes the first state to meet the “fishable and swimmable” goals of the Clean Water Act.
1984: Wisconsin requires large-scale feed and farm operations to obtain permits detailing their use of manure and fertilizer.
2002: Wisconsin passes the most complete set of rules to date that aimed to limit polluted runoff.
2007: The rules governing large-scale operation were tightened, making pollution permits more stringent, in an attempt to decrease runoff pollution from such operations.
2010: Major year for phosphorus regulation. As of April, 2010, fertilizers that contain phosphorus cannot be applied to lawns in the state of Wisconsin and as of January, 2010 it is illegal to sell or use soaps or detergents with more than .5% Phosphorus by weight.
Thursday, June 23, 2011
What is Phosphorus?
Why is Phosphorus a Problem?
How Does Phosphorus Get into Wisconsin Waters?
What Are the Revised Phosphorus Rules?
How Much Will Establishing These New Rules Cost?
Who is Challenging the New Rules?
Who Supports the New Rules?
What Do These New Rules Mean For Wisconsin?
Where Can I Get More Information?
What is Phosphorus?
Phosphorus is a chemical that occurs naturally in small quantities. Phosphorus is used for a number of industrial and agricultural purposes. In the agricultural sector, phosphorus is used mainly as a fertilizing nutrient. Phosphorus is also used in the production of certain types of animal feeds, as well as soaps and detergents.
Why is Phosphorus a Problem?
Although it does occur naturally (as phosphate) in small quantities, large quantities of phosphorus are harmful to lakes, rivers and streams. Large amounts of phosphorus lead to algae and other aquatic plant growth, which uses up oxygen (when those plants die) that is vital to aquatic plant and animal life In addition, dense algae “blooms” reduce the sunlight reaching aquatic vegetation, limiting their growth and in many cases, killing them. When phosphorus leads to the growth of blue-green algae, the algae produces nuero-toxins that can be harmful to humans, pets and other animals. The foul smelling, ugly algae makes Wisconsin waters unattractive to fisherman, recreational users, and homeowners.
Phosphorus pollution damages Wisconsin’s economy, along with Wisconsin’s waters. Wisconsin ranks second in the nation for fishing licenses, and the fishing industry creates almost 300,000 jobs and $2.75 billion in revenue annually. Phosphorus also reduces waterside property values. A study has shown that, for every additional meter of water clarity, waterfront property increases $45 per frontage foot. In addition, phosphorus pollution decreases the recreational desirability of lakes and rivers. All of this hurts our tourism and recreational industries.
How Does Phosphorus Get into Wisconsin Waters?
There are two main ways that phosphorus can get into our surface waters. One way is through “point” sources. “Point” sources are those in which the phosphorus come from a single, identifiable source, and are often discharged directly into waterways. While “point-source” pollution is a major contributor of phosphorus, much of the phosphorus in Wisconsin waters comes from “non-point source” pollution. “Nonpoint source” pollution is transported into waterways when runoff carries fertilizer, feed and other contaminants into lakes and rivers. While “nonpoint source” pollution is a major contributor to phosphorus pollution, it is the most difficult and expensive to regulate.
What Are the Revised Phosphorus Rules?
In January of 2010, the Wisconsin DNR opted to adopt a new set of rules aimed at significantly reducing the amount of phosphorus pollution in Wisconsin waters. The new criteria were developed by a collaboration of scientists, industry leaders, landowners and environmental advocates who utilized almost 20 years worth of scientific data. The new rules establish a set of numeric criteria standard to control and limit phosphorus pollution. The revised rules state that Wisconsin rivers and lakes should have no more than 100 parts per billion (.1mg/L) phosphorus while streams should contain no more than 75 parts per billion (.075mg/L) phosphorus. As of December 2010, permits for industrial and municipal polluters were required with limits to prevent surface waters from having more phosphorus than these criteria establish. “Point sources” that discharge phosphorus will be evaluated to comply with these criteria.
How Much Will Establishing These New Rules Cost?
The Wisconsin DNR has estimated that these new criteria will cost up to $900 million over the next ten years to implement.
Who is Challenging the New Rules?
Governor Scott Walker has directly challenged these new rules. His recent budget proposal included an attempt to delay the implementation of the rules for at least two years. Wisconsin Manufacturers and Commerce has also opposed the new rules, ignoring costs to Wisconsin’s economy of polluted waters and claiming that costs would be higher than the $900 million estimated by the DNR. The Midwest Food Processors Association also opposes the revised clean water rules. Although repeal of these was included in the governor’s budget proposal, in early June 2011, the Joint Finance Committee struck down the governor’s attempts to delay the implementation of the new rules. Legislators intend to introduce a separate bill.
Who Supports the New Rules?
The following organizations support the implementation of the new phosphorus criteria: Wisconsin Dairy Business Association, Wisconsin Farm Bureau, Clean Wisconsin, Sierra Club, Wisconsin Environment, Midwest Environmental Associates, The Wisconsin River Alliance, The Potato and Vegetable Growers Association, Wisconsin State Cranberry Growers Association, The Wisconsin Pork Association, The Wisconsin Cattlemen’s Association, Milwaukee Metropolitan Sewerage District, Madison Metropolitan Sewerage District, Green Bay Metropolitan Sewerage District, Municipal Environmental Group, and Wisconsin Corn Growers Association. Other groups support keeping the rule but have not stated as much publicly.
What Do These New Rules Mean For Wisconsin?
For the past 70 years, Wisconsin has been leading the nation in attempt to reduce and control phosphorus pollution in surface waters. These new rules would help maintain Wisconsin’s status as a leader in clean water policies. By maintaining these new rules, Wisconsin protects the fishing and tourism industries, as well as maintaining waterfront property values. The new rules would also help ensure the physical and ecological health of Wisconsin residents, wildlife and ecosystems for the enjoyment of current and future generations.
Where Can I Get More Information?
ELPC Take Action Campaign: Defend Wisconsin Clean Waters
Wisconsin Department of Natural Resources: Media kit on phosphorus rules
Midwest Environmental Advocates: Phosphorous Pollution – An Environmental, Economic and Public Health Threat to Wisconsin
Thursday, June 23, 2011
In January 2010, the Wisconsin Department of Natural Resources (DNR) adopted a new set of rules to significantly reduce phosphorus pollution to Wisconsin waters. Phosphorus is nutrient that fertilizes the growth of algae and other obnoxious water plants. When these weeds die and decay, they consume oxygen, reducing the number and health of fish in Wisconsin waters.
The new criteria were developed by a collaboration of scientists, business leaders, landowners and environmental advocates who utilized almost 20 years worth of scientific data. The new rules set standards to control and limit phosphorus pollution, stating that Wisconsin rivers and lakes should have no more than 100 parts per billion (.1mg/L) phosphorus while streams should contain no more than 75 parts per billion (.075mg/L) phosphorus.
Permits for industrial and municipal polluters need to limit phosphorus pollution to keep within these limits. “Point sources” that discharge phosphorus must comply with these criteria.
Unfortunately, a number of Wisconsin legislators want to weaken these rules under the mistaken belief that clean water measures are an impediment to economic growth. Actually, Wisconsin’s economy capitalizes on our waterways and loses when we pollute those waters. Dirty lakes, streams and rivers reduce fish populations sought by sportsmen and vacationers, who can go elsewhere, hurting Wisconsin’s tourism industry. Dirty lakes reduce property values for lakefront homes. Subsistence fishers will find fewer fish to pull from dirtier waters.
We need Wisconsin Legislators to leave the new phosphorus rules alone. Increasing pollution to Wisconsin waters will not create more jobs or a better quality of life for Wisconsin residents. By maintaining these new rules we can help clean Wisconsin’s waters and improve the treasure of Wisconsin’s natural heritage. Click here to take action!
Friday, August 21, 2009
The Indiana Department of Environmental Management (IDEM) held a public meeting this week to discuss proposed water pollution rules for Lake Michigan. ELPC and the members of the public are worried that poorly crafted regulations could lead to a controversy similar to 2007, when BP was permitted to dump mercury into Lake Michigan.
ELPC is concerned, in particular, that the proposed rules don’t address nitrogen and phosphorus – pollutants that have created a huge dead zone in the Gulf of Mexico and could have similar effects on Indiana waters. As ELPC Senior Attorney Albert Ettinger told the Post Tribune, “I don’t think these rules are acceptable because they’re going to exempt very important pollutants that will have a demonstrable effect on waters in Indiana.”
Read the full article in the Post Tribune
Monday, August 10, 2009
Two years ago, BP made headlines with its plans to expand its oil refinery in Whiting, Indiana and dump additional pollution into Lake Michigan. The Indiana Department of Environmental Management had issued a permit allowing the added pollution. When the public – and ELPC and our environmental colleagues – expressed outrage over the news, BP eventually announced that it would proceed with its plans without adding more pollution into the Lake. Since that time, Indiana’s water quality rules, which had allowed the increase in pollution, have still not been improved.
The state’s current anti-degradation rules could allow BP or another company to increase the amount of ammonia and silty materials it dumps into the lake without examining cleaner alternatives. ELPC Senior Attorney Albert Ettinger and Staff Attorney Brad Klein told the Indiana press about their concerns that another pollution controversy could emerge if the state doesn’t improve its clean water rules.
Read the full story in the Post-Tribune.
Thursday, February 19, 2009
ELPC Senior Attorney Albert Ettinger spoke to the Post-Tribune of Northwest Indiana about a bill that would allow increased nitrogen and phosphorus pollution to be dumped into Lake Michigan. Scientists believe that phosporus and nitrogen are responsible in part for large amounts of algae that wash up and rot on beaches in Wisconsin and Michigan.
Ettinger said that the bill, proposed by Indiana Senator Beverly Gard, would prevent the Indiana Department of Environmental Management from calculating the amount of pollution entering Indiana’s waters. The bill could also undermine attempts to improve impaired waters so they could be used for swimming or fishing.
Read the full story here
Thursday, October 30, 2008
According to ELPC Senior Attorney Albert Ettinger, “consideration of alternatives” must be key to new anti-degradation rules being reviewed in Indiana. Industries, environmentalists, municipalities and government officials are working together to clarify existing water rules in Indianapolis.
read the full article here
Monday, September 8, 2008
Court Ruling Will Push Kentucky to Enforce Clean Water Rules
ELPC gained a big victory last week when the U.S. Court of Appeals for the Sixth Circuit reversed and remanded the U.S. EPA’s approval of Kentucky’s flawed administrative rules in an opinion that will significantly affect state obligations to maintain and protect water quality under the Clean Water Act’s antidegradation policy that is designed to “keep clean waters clean.” ELPC attorneys represented Plaintiffs Kentucky Waterways Alliance, Sierra Club Cumberland Chapter, Kentuckians for the Commonwealth, and Floyds Fork Environmental Association. Learn more.
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Monday, September 8, 2008
Thirty-five years after the federal Clean Water Act passed, most Midwestern states still have not adopted all of the water quality standards required by the Act. The consequence: polluted rivers and lakes that harm aquatic life and fail to achieve our quality of life goals. ELPC Senior Attorney Albert Ettinger and Staff Attorneys Jessica Dexter and Brad Klein are achieving slow, but steady, progress in advancing key nutrient, phosphorus and antidegradation standards in Illinois, Indiana, Iowa and Kentucky to help clean up the Mississippi River and its tributaries.
ELPC gained a big victory last week. The U.S. Court of Appeals for the Sixth Circuit reversed and remanded the U.S. EPA’s approval of Kentucky’s flawed administrative rules in an opinion that will significantly affect state obligations to maintain and protect water quality under the Clean Water Act’s antidegradation policy that is designed to “keep clean waters clean.” ELPC attorneys represented plaintiffs Kentucky Waterways Alliance, Sierra Club Cumberland Chapter, Kentuckians for the Commonwealth, and Floyds Fork Environmental Association.
In summary, the Court found that the U.S. EPA’s approval was “arbitrary and capricious” because it did not require Kentucky to prove that the multiple exceptions contained in the proposed antidegradation rules would cause only insignificant, or “de minimis,” degradation of the state’s rivers, lakes and streams. Instead, the U.S. EPA merely accepted Kentucky’s unenforceable commitments to protect water quality, even though the plain language of state’s rules gave blanket exemptions to several categories of polluters, including the coal industry.
The Court’s opinion sends Kentucky’s rules back to the U.S. EPA for further review. Kentucky likely will have to significantly revise and improve its rules in order to comply with the Court’s decision. ELPC’s persistent legal and policy advocacy is important to improve water quality and protect our Midwest natural heritage.
