CAM Requests Immediate DNR Processing of Renewal Application

In our on-going efforts to reduce the air pollution impacts of Madison-Kipp operations on the surrounding neighborhood, Clean Air Madison has asked the DNR to expedite its review of Kipp's application to renew its air pollution control operation permit. This permit expires May 10th and approves the air pollution discharges from nearly every operation at Kipp's Atwood and Fair Oaks aluminum foundries. The March 3rd letter to DNR Secretary Scott Hassett includes a petition signed by nearly 100 Atwood Avenue residents and friends.

Renewal of the air pollution operation permit will require that DNR verify that Kipp can comply with air quality regulations and standards. Just as was shown during last year's contested case hearing over Air Pollution Permit #03-POY-328, CAM expects that an accurate dispersion modeling analysis will demonstrate that Kipp has been violating air quality standards. This new modeling analysis will use the DNR’s recently approved AERMOD dispersion model. The new model has been in use in other states for several years but as of January 1st 2006 is the officially approved model for DNR evaluation of new air pollution emissions and permits in Wisconsin as well. AERMOD is uniquely suited to evaluate the unique problems at Kipp - short roof vents exhausting die casting fumes into adjacent homes and backyards. Computer modeling provides more air quality protection to surrounding residents than an air quality monitor, because the model can predict pollutant concentrations at many locations and under all weather conditions when Kipp's discharges are at their peak. Along with the use of this more accurate computer model, CAM asks the DNR to correct modeling errors presented during the contest case hearing. These errors include placing Kipp buildings in the wrong location, using summer ventilation conditions for the evaluating air quality impacts during winter months, and not including fumes lost through open doors and windows. CAM and residents signing the petition have requested that DNR begin processing the Kipp application for renewal as soon as possible to assure that Kipp will make the required improvements necessary to protect air quality standards.

CAM Prepares for Circuit Court Appeal

In his revised November 15th decision, Judge Boldt weakened his original decision but kept his orders for new air quality protections including the elimination of fugitive air pollution from windows and doors, and three years of air quality monitoring at two separate sites. While Kipp representatives told the press and public they welcomed the monitoring, the ink had barely dried on Judge Boldt’s decision when Kipp began trying to weaken and overturn it. On December 14th, Kipp filed an appeal with Dane County circuit court. Since the hearing process is over, the state Attorney General must now defend Judge Boldt’s decision and CAM’s initial victory. With this turn of events, neighbors can finally hope that their government will begin meeting its obligation to protect them. CAM is now preparing to join with the Attorney General's office in defending the hard fought protections to neighborhood air quality.

The fight for clean air will continue, so look out for future fundraising activities. Last year there was a sold out spaghetti dinner at Bunky’s and three-band music fest at the Harmony. Upcoming events include:

Judge Boldt Issues Revised Decision on November 15th

On November 15th, Judge Boldt revised his October 27th decision for the contested case hearing over the Madison-Kipp air pollution permit. Kipp had asked for "clarification" of the original decision, requesting the elimination of an air quality monitor at Lowell Elementary School, reduction in the monitoring schedule from continuous to every 6 days, and reduction in the length of monitoring from three years to one. Clean Air Madison argued these changes would substantially weaken the air quality protections Boldt had granted neighborhood residents. In his revised decision, Boldt continued to require Kipp to operate two air quality monitors including a monitor at or near Lowell, reduced the frequency of monitoring to a 3-day schedule, but continued to require three years of monitoring. In his revised decision, Boldt also clarified that the air quality monitors must begin operation no later than April 1, 2006. He stated that if an exceedence of the TSP air quality standard is measured and the DNR finds Kipp responsible, DNR should take appropriate enforcement action and evaluate Kipp's emissions using the recently approved AERMOD dispersion model. This new and more accurate model replaced the ISC3 model used by DNR to issue Kipp's contested permit. The new model was approved by USEPA on November 9th. No changes were made to the requirement for Kipp to demonstate that its ventilation system is sufficient to keep emissions from escaping windows, doors or other building openings, and to continuously operate the ventilation systems which capture fumes from the die casting operations. The requirement to operate two air quality monitors, despite the shorted 3-day schedule, will require Kipp to either reduce its emissions into the surrounding neighborhood or be found in violation of air quality standards.

Here is the documentation of the decision revision. (.pdf)

Judge Boldt Makes Final Decision on CAM Challenge of Kipp Air Pollution Permit

On October 27th, Judge Boldt completed his deliberations of the extensive testimony and evidence from Clean Air Madison's challenge of the Madison-Kipp air pollution permit. While Boldt did not revoke Kipp's permit as requested by CAM, he did incorporate other CAM recommendations which will provide additional protection to the area residents and neighborhood air quality. Specific requirements in the decision include:

  1. Demonstrate that no fugitive emissions are released from windows, doors or other building openings.
  2. Continuously operate the ventilation systems which capture fumes from the Atwood and Fair Oaks die casting operations.
  3. Continuously operate two air quality monitors to measure total suspended particulate (TSP) for a period of three years. One monitor is to be located between Kipp and Atwood Avenue, the monitor is to be located at or near Lowell Elementary School.
  4. If either of the monitors shows that an air quality standard is exceeded, Kipp contributes to this exceedence and USEPA approves the new AERMOD dispersion model, then Kipp's the air pollution permit is revoked.

The primary focus of the contested case hearing over Kipp's recent permit was the accuracy of the DNR dispersion modeling analysis. DNR had used the older ISC3 model to verify Kipp's emissions would comply with air quality standards. DNR staff knew the ISC3 model was incapable of estimating concentrations near the Kipp buildings and in neighborhood backyards, but still used this model to issue the permit. More accurate models were available to DNR staff, and these models show Kipp will violate air quality standards. DNR also claimed that ISC3 was faulty when estimating concentrations on hilly terrain and so ignored the changes in elevations in the surrounding neighborhood. Had DNR considered terrain, which it had done for other air pollution permits, it would show Kipp would violate air quality standards. USEPA actually approved the new and more accurate AERMOD model on November 9th. The federal register discussing the release of this new model is available at the USEPA web site.

It has been a long road since Kipp was issued an air pollution permit on April 26, 2004 which allowed an additional 61 tons per year of emissions into the surrounding neighborhood. Little did we know how visciously Kipp would defend its right to pollute. Little did we know how the DNR would defend its inadequate practices which were the only way it could approve more air pollution and ignore the complaints of residents exposed to Kipp's discharges. While Kipp was allowed to keep their permit, the additional air quality protections Judge Boldt granted neighborhood residents was a victory for Clean Air Madison, surrounding Atwood Avenue residents and anyone who wants clean air in their own neighborhood.

Here is the documentation of Judge Boldt's decision (.pdf)

CAM News Release, October 29, 2005

Clean Air Madison learned today that the judge in its contested case hearing has issued a decision requiring Kipp to install multiple monitors and banning groundlevel pollution.

Clean Air lawyer Frank Jablonski of Progressive Law Group issued the following statements:

"The ban on ground level pollution should finally bring some relief to people who have been suffering for so long just because they live next to Kipp. Anyone who walks through the Kipp neighborhood on a bad day knows the heavy metallic smell and taste associated with Kipp’s emissions."

"The air testing requirements written into this decision put Kipp in a box. Kipp is either going to have to clean up or get caught. Either way, the neighborhood wins."

"We are going to prepare our Clean Air Act lawsuit and wait for the monitoring results. We hope that, with the pressure of the monitors, Kipp cleans up enough that we never have to file it."

"We are meeting soon to celebrate and plan further strategy."

Case Decision (.pdf file)

Help CAM raise money to improve air quality in our neighborhood and come shake a leg at the shin-dig!

Poster for the CAM benefit, Sunday Feb.19 3pm at the Harmony Bar

For more information please call 246-0697.

Capital Times article covers ruling:

Judge tells Kipp to install monitors - But DNR permit allowed to stand By Pat Schneider of The Capital Times October 29, 2005 --

Madison-Kipp Corp. and its neighbors both are claiming victory in the latest round of a long-running battle over pollution from the east side metal fabricating plant.

State administrative law judge Jeffrey Boldt ruled Friday that a Department of Natural Resources permit allowing Kipp to release up to five times more byproduct particles into the air won't put the plant in violation of state air quality standards. But Kipp must install two air quality monitors, outside its factory at 2824 Atwood Ave. and at nearby Lowell Elementary School, and run them for three years, Boldt said in his decision.

Neighbors of Kipp, organized as Clean Air Madison, had contested the DNR permit, arguing it would allow Kipp to exceed air quality regulations.

"This is good for the city and good for us," Mark Meunier, Kipp vice president of human resources, said of the ruling. "We are working with the mayor to keep jobs in the city."

"The air testing requirements written into the decision put Kipp in a box," said attorney Frank Jablonski, a neighborhood resident who represented the grass-roots group in their challenge of the permit. "Kipp is either going to have to clean up or get caught. Either way, the neighborhood wins."

Madison Mayor Dave Cieslewicz earlier this month promised the 107-year-old die-casting plant up to $2.5 million in tax incentives to locate a planned expansion plant within city limits. Company officials, who also are considering sites in Sun Prairie and Lake Mills, say they will keep the Atwood Avenue plant in operation.

Meunier said Friday he expected a siting decision by the end of the year.

Air Madison had challenged the computer program DNR used to track emissions from Kipp in reviewing its permit application.

Neighbors argued that the model used did not take into account how emissions would travel to nearby buildings, like Lowell School, with its air intake equipment on the roof.

The modeling program also could not measure pollution at locations right next to the plant, neighbors said.

Boldt, citing testimony by Kipp's own expert witness, ruled that the program did not do a good job in the instances pointed to by permit opponents. A newer program developed by the U.S. Environmental Protection Agency does a better job, but DNR had chosen not to use it until it was formally approved by the federal agency, Boldt said.

He said it was not his place to order the DNR to use the newer program.

Steve Klafka, a Kipp neighbor and environmental engineer who testified as an expert witness for Clean Air Madison, said Friday that the decision requires Kipp to put in monitors at considerable expense to prove that they are not exceeding air quality standards.

"I doubt that they'll be able to prove that," he said.

While Kipp and DNR spokespersons pointed out that an air quality monitor had previously been run near the plant without detecting violations, Klafka said that monitor was too far away from the factory.

Meunier said Kipp would not oppose the ordered air quality monitors, but that it might be hard to find a place to install one out front of the plant on Atwood Avenue, because of trees and other obstacles.

"We'll find one for him," Jablonski said when told of Meunier's remark.

Boldt also required Kipp to ensure no pollutants would seep out of the plant by running its roof fans whenever its die-casting machines are operating to draw air in from outside.

Meunier said that is a long-standing procedure at the company.

Marcia Penner, the DNR attorney who represented the agency in the case, said all parties have 30 days to appeal the ruling. She said she did not think the DNR would do so.

CAM Waits for Judge Bolts Decision

CAM recently completed its final step to overturn the last air pollution permit issued to Madison-Kipp. On September 13th, CAM's legal team submitted the final brief to Judge Jeffrey Bolt. The brief summarized reasons why the permit should have been issued and responded to arguments in the September 1st briefs submitted by the Wisconsin DNR and Kipp. A final decision by Judge Bolt is expected this fall. A tremendous effort was needed for the contested case hearing challenging DNR approval of new air pollution from Kipp. Thanks to everyone who donated their time, money and energy to the cause. It was only possible by the united effort of so many people.

We all hope and pray for a happy ending to this tale of David versus Goliath.

Capital Times Article Covers Air Quality Monitor Placement

Kipp Tiff Spurs Air Test At School - Monitoring Is Win For Neighbors, Saturday, July 30, 2005, By Pat Schneider The Capital Times --

An air quality monitor is collecting samples on the roof of Lowell Elementary School, as part of a long-running dispute between Madison-Kipp Corp. and its neighbors.

The monitor will operate at the school, 401 Maple Ave., for one year, in response to requests from the Madison school district, Mayor Dave Cieslewicz and numerous residents, Department of Natural Resources Secretary Scott Hassett said in a July 22 letter to city, school and state health officials.

The monitor had been sought by Clean Air Madison, a grass-roots group that claims metal fabricator Madison-Kipp Corp. is polluting the neighborhood.

"This is definitely a big victory," Frank Jablonski, attorney for Clean Air Madison, said Friday.

Kipp officials had appealed to the Madison School Board not to allow the monitor."We're just cooperating with it being on our building," said Ken Syke, the school district's coordinator for public communications and business relations.

The city's public health department will operate the monitor; the state health department will analyze the samples.

Kipp officials did not respond to a request for comment on Friday.

Students at the east side school are especially at risk, neighbors argue, because emissions from Kipp, a block away at 2824 Atwood Ave., travel toward the roof of the school, where air is taken in for the school's ventilation system.

The group contested DNR's decision last year to issue a permit allowing Kipp to increase fivefold the byproduct particles it releases into the air.

Clean Air Madison claims that the DNR used a faulty model to measure the impact of Kipp's emissions in granting the permit.

A five-day hearing on the group's objections was held last spring. Kipp and Clean Air Madison are now submitting briefs to Administrative Law Judge Jeffrey Boldt, who is expected to rule on the issue in the fall.

Kipp officials say Kipp meets all standards for air emissions.

Here is a link to a news story aired by Channel 3 that goes into a little more detail and reports on Kipp's reaction to the air quality monitor.

CAM Submits Legal Brief in Case Hearing

Clean Air Madison has submitted a 33-page brief to Administrative Law Judge Jeffrey Bolt supporting its challenge of an air pollution permit issued to Madison-Kipp Corporation, an aluminum foundry located on Madison's east side. The brief cites exhibits and statements from a five-day trial which ended May 3rd. The Wisconsin Department of Natural Resources had issued the permit allowing 61 tons per year of new particulate matter emissions from the Kipp aluminum foundry. To issue the permit, the DNR was required to show the new discharges would comply with air quality standards.

In its brief, Clean Air Madison shows how the DNR permit analysis was fraught with errors and violated state laws. The DNR made decisions based on the assumption that Kipp was located in a flat, rural farm field, ignoring the rolling terrain in the surrounding populated east-side Madison neighborhood. The DNR did not consider discharges from windows and doors, and ignored the concerns of residents located in nearby multi-story homes, some with backyards abutting the foundry.

A more accurate analysis prepared by Clean Air Madison using readily available methods shows violations of air quality standards. Rather than use these methods to protect nearby residents, DNR was shown to simply cut and paste its older, flawed analysis as well as its responses to public comments prepared years earlier. The brief states: "Had DNR made any of the improvements presented by Petitioners ("Clean Air") to improve the accuracy of its dispersion modeling analysis, an air quality standard exceedence would have been predicted and Permit #03-POY-328 could not have been issued. Whether changes were made to incorporate terrain, address fugitive emissions, estimate downwash recirculation cavity concentrations, or correct the numerous modeling input errors, the result is the same: an exceedance is predicted."

Clean Air Madison has asked Judge Bolt to declare the permit void; require DNR to conduct an error-free, modern environmental impact analysis; and, require Kipp to operate an air quality monitor to measure exposure of nearby residents. Prior to making a decision on the permit, Judge Bolt will now receive additional briefs from DNR and Kipp responding to Clean Air Madison arguments that DNR has violated state laws by approving the new discharges.

Trial Ends Over Kipp Air Pollution Permit

Although it may have lacked the drama and star appeal of the Michael Jackson trial, the recent contested case hearing of a grassroots neighborhood group vs. the Wisconsin Department of Natural Resources and Madison-Kipp Corp. had many local residents on the edges of their seats. The outcome of this trial will affect the daily lives of everyone within breathing distance of Madison-Kipp, a local aluminum foundry and notorious air polluter.

On May 3, a five-day trial concluded over the last air pollution permit issued by the Department of Natural Resources (DNR) to the Madison-Kipp aluminum foundry. The permit allowed Kipp to increase its particulate emissions by 61 tons per year. Neighbors, organized as Clean Air Madison (CAM), presented their case to administrative law judge Jeffrey Bolt, explaining why the permit should not have been issued. The primary issue was the DNR's failure to accurately estimate impacts on air quality in the neighborhood from Kipp's air pollution discharges. While the DNR was primarily responsible for defending its decision to issue the permit, Kipp hired its own lawyers and consultants to defend its permit.

As explained during the trial, the air pollution regulations that apply to Kipp are over 30 years old, so their discharges are released into the neighborhood without pollution controls. Before these discharges can be permitted, state environmental laws require that the DNR must also verify that downwind air pollutant concentrations are within air quality standards. To estimate these concentrations, the DNR used computer modeling and five years of wind and weather data. The use of computer modeling is a common tool used by other state environmental agencies when approving new air pollution from industry.

CAM's litigation team included attorneys Frank Jablonski and Kimberly Wright, and environmental engineer Steven Klafka. All are neighborhood residents who donated their time or worked for reduced fees. During the trial, CAM showed how the DNR made many mistakes by copying old computer modeling files rather than verifying information provided by Kipp. In their analysis, the DNR placed stacks and buildings in the wrong locations and used stack dimensions which violated Kipp's air pollution permit. DNR staff did not account for seasonable changes in flow rates from the 11 Atwood plant roof vents or vent obstructions shown on Kipp's building plans. Klafka explained how the DNR ignored its own modeling guidelines which required the consideration of terrain in the neighborhood, and ignored its own memorandum which stated that pollutant concentrations close to Kipp buildings and in neighborhood backyards exceeded air quality standards.

CAM showed that despite a longstanding problem with air pollution releases from Kipp doors and windows, DNR did not consider these 'fugitive' releases in its modeling analyses, nor did they prohibit Kipp from having these releases, or require any monitoring to verify they no longer occurred. It was shown how DNR modeling decisions favored issuance of a permit to Kipp, provided less protection of the air quality in the surrounding neighborhood, and completely ignored air quality concerns raised by neighborhood residents. If any of the dispersion modeling errors were corrected, Klafka showed that air quality standards would be violated and the permit should not have been issued to Kipp.

The cut and paste approach used by the DNR for their modeling analysis was also apparent in their written responses to comments submitted by neighborhood residents. DNR staff had simply copied their responses from another project approved four years ago, even though these responses contained numerous errors. For instance, the DNR stated that it did not need to consider pollutant concentrations at above-ground locations such as balconies on nearby homes or the rooftop of Lowell Elementary School. However, more recent guidance from the U.S. Environmental Protection Agency (EPA) clearly directed the DNR to apply air standards at these locations. The DNR had also dismissed the effects of terrain by claiming the difference in elevation between Kipp and Lowell School was only 15 feet. This ignored the Kipp plant on Fair Oaks Avenue, which is located at a lower elevation down a hill. If the location of the Fair Oaks plant were considered, the DNR modeling guidance clearly would have required that they consider terrain when running their models.

Contested case hearings over DNR air pollution permits are typically arguments over proper interpretation of the regulations or accurate technical analyses. However, Kipp and its attorneys spent much of their time creating unanticipated hurdles for CAM. They refused to provide documents such as test results requested by CAM, threatened to take the homes of residents challenging the permit, and fought to keep Klafka from testifying for CAM. These hardball tactics are why it is estimated that Kipp has spent over $100,000 so far defending its air pollution permit.

For example, Kipp attorney Jon Axelrod spent much time during the trial attacking Klafka's qualifications. Judge Bolt brought Axelrod's cross-examination to an end when Axelrod accused Klafka of being a "menace to national security". One insightful moment during the hearing came when Axelrod warned Judge Bolt and attending reporters that if Kipp lost the permit, it would move its jobs to China. Later, Kipp Vice President Mark Meunier, under oath, recanted when responding to questions from CAM attorney Frank Jablonski, and made it clear this was not true-that Kipp had no such plans to move if it lost its permit. Meunier later admitted that the DNR had approved installation of additional tall stacks at the foundry to address neighborhood air quality concerns, but that Kipp did not intend to install them.

After the trial, Judge Bolt and attorneys from all sides conducted a "view" and walked around the neighborhood near Kipp. It was a day when neighbors reported a strong die-lube odor from Kipp. Ironically, DNR staff conducting the modeling analyses for the contested permit acknowledged during the trial that they never bothered to visit the neighborhood even though it was only 3 miles from their office.

When the hearing ended, Kipp attorneys insisted that transcripts be prepared, resulting in another unanticipated cost for CAM. All sides must now prepare briefs summarizing arguments for Judge Bolt to consider. By the end of this summer, it will be up to Judge Bolt to sort through the testimony and determine if the DNR should have issued Kipp a permit to discharge another 61 tons per year of pollution into the surrounding neighborhood.

Benefit Show Planned for May 22

Sunday, May 22nd from 4 to 8pm at the Harmony Bar, 2201 Atwood Ave, come enjoy some great local acts and support a great cause at the same time! Featuring Tongue 'n' Groove, Peter Leidy, and Ritt Deitz, it's an evening of good music for only $10 ($5 for kids 12+). Tix are available from the Harmony and Green Earth. Check out the poster ad.

Kipp Permit Hearing is Continued, Final Day is May 3rd

Neighborhood Residents Encouraged to Attend

After many months of work and waiting, the contested case hearing over the last air pollution permit issued to Madison-Kipp began Monday, April 11th and continued for four days. Neighbors presented their case to the administrative law judge, Jeffrey Bolt, explaining why the permit should not have been issued by the DNR. The primary issue is the failure of the DNR to accurately estimate the air quality impacts of additional air pollution emissions from the Kipp aluminum foundry on Atwood Avenue.

Steven Klafka, CAM's environmental engineering expert, showed how DNR made many mistakes by copying old computer files rather than verifying information provided by Kipp. The DNR placed stacks and buildings in the wrong location, and used stack dimensions which violated Kipp's permit. They did not account for seasonable changes roof vent flow rates or obstructions on roof vents shown on Kipp's building plans. He showed how the DNR ignored its own modeling guidelines which required the consideration of terrain in the neighborhood, and ignored its own memorandum which stated that pollutant concentrations closed to Kipp buildings and in neighborhood backyards exceeded air quality standards. Despite a long standing problem with air pollution releases from Kipp doors, windows and building openings into the adjacent neighborhood, the DNR did not consider these 'fugitive' releases in its modeling analysis, nor prohibit Kipp from having fugitive releases. All the DNR modeling decisions favored issuance of a permit to Kipp, and provided less protection of the air quality in the surrounding neighborhood. If these errors are corrected, Klafka showed that air quality standards would be violated and the permit should not have been issued to Kipp.

One insightful moment during the hearing came when Kipp attorney Jon Axelrod stated that if Kipp lost the permit, it would move its jobs to China. Later, Kipp Vice President Mark Menieur recanted when responding to questions by CAM attorney Frank Jablonski, and made it clear this was not true, and Kipp had no such plans to move if it lost its permit. It will be up to Judge Bolt to sort through similar misleading testimony by DNR and Kipp representatives, as they defended issuance of the permit which allowed Kipp to discharge another 61 tons per year of particulate into the surrounding neighborhood.

After the four long days of testimony and arguments, Judge Bolt decided to provide time for all sides to prepare for the final arguments. The last day of the hearing is scheduled for Tuesday, May 3rd. At this time, the hearing is scheduled for 9:00 am at the Department of Administration, Division of Hearings & Appeals, located at 5005 University Avenue. This is at the corner of Whitney Way and University Avenue near the Irish Waters Restaurant. The office telephone number is 266-3865.

All neighborhood residents are encouraged to attend the last day of the hearing on Tuesday, May 3rd to support and experience their day in court.

Here is media coverage of the hearing:

Kipp Pollution Testimony Ends, Saturday, April 16, 2005, By Pat Schneider The Capital Times -- Testimony wound up Thursday in an administrative hearing on whether the Department of Natural Resources properly issued a pollution permit for Madison-Kipp Corp.

A date has not yet been set for closing arguments in the case in which Kipp neighbors, organized as Clean Air Madison, are challenging the DNR's action in issuing a permit allowing the east side metal fabricator to increase five-fold the dust it can release in the air through a pair of 100-foot smoke stacks.

In four days of testimony, administrative law judge Jeffrey Boldt heard from experts for Kipp and Clean Air Madison.

On Thursday, DNR air management specialist Gail Good testified that she had not visited the Kipp facilities on Atwood and Fair Oaks avenues, but used the computer modeling system she always did to conclude that Kipp would meet state and federal air quality standards with the heavier emissions. Changes in terrain around Kipp were not taken into account, she said.

Clean Air Madison contends that DNR guidelines were violated in failing to account for terrain.

Because of changes in elevation and the inability of the DNR's model to measure pollution near the stacks, nearby Lowell Elementary School and homes adjacent to Kipp may be exposed to prohibited concentrations of particulate matter, permit foes say.

Good said she exercised professional judgment in adhering to the model approved by the federal Environmental Protection Agency.

Neighbors, Kipp Spar On Issues At Hearing, Tuesday, April 12, 2005, By Pat Schneider The Capital Times -- At the start of what was expected to be several days of technical testimony by experts in a grass-roots challenge to Madison-Kipp's pollution permit, Kipp's attorney on Monday said the issue was not air quality in the Schenk-Atwood neighborhood, but keeping jobs in the United States.

"What's at stake here is whether Kipp can maintain its competitiveness or whether 500 jobs are outsourced to China," attorney Jon Axelrod said of the east side metal fabricator in opening statements of a hearing before state administrative law judge Jeffrey Boldt.

Kipp neighbors, organized as Clean Air Madison, are challenging the Department of Natural Resources' action in issuing a permit allowing Kipp to increase by five-fold the dust in its air emissions.

Frank Jablonski, attorney for Clean Air Madison, countered during a break that Axelrod's remarks were inappropriate because Kipp's ability to compete in the global market was not the issue being litigated.

"It has nothing to do with this case," Jablonski said of Axelrod's claims. "It can't be proved by the evidence entered here and it's probably not true."

The friction over spin in the opening arguments was the latest clash in what was a contentious -- and prolonged -- lead-up to the hearing. To cap it off, an anonymous threat was received last week in which the caller said opponents to Kipp's permit should be shot.

The threat prompted posting Monday of a Capitol Police officer at the Division of Hearings and Appeals, but there was no sign of trouble from the handful of observers who attended.

Clean Air Madison contends that DNR used the wrong methods to calculate the composition and trajectory of emissions from Kipp's two 100-foot smoke stacks under the new permit.

The computer model used to calculate emissions failed to factor in changing terrain in the streets around the factory, Clean Air Madison says.

DNR attorney Marcia Penner said the agency used the appropriate model, that it is the only one approved by the state, and that it meets the standards of the federal Environmental Protection Agency.

Security Hiked For Kipp Hearing, Air Permit Foes Threatened, Thursday, April 7, 2005, By Pat Schneider The Capital Times -- Capitol Police will provide security at a Department of Natural Resources hearing next week after a phone caller said opponents of a new pollution permit for Madison-Kipp Corp. should be shot.

Administrative Law Judge Jeffrey Boldt on Tuesday notified attorneys in the case that "an unidentified woman caller had stated someone should shoot people' who object to issuance of the permit with a sawed-off shotgun.'"

Frank Jablonski, attorney for Clean Air Madison, a grass-roots group of Kipp neighbors challenging the permit issued by the DNR, said Wednesday he would like to see the hearing moved to the City-County Building, or other location with "built-in" security.

Jablonski said he also is concerned for the safety of the people he represents away from the hearing.

"This is a general threat directed at anyone who opposes Kipp getting the permit," he said.

Jablonski said he intended to contact Madison Police about security for the petitioners in the case.

In a contested case hearing scheduled to begin Monday before Boldt, Clean Air Madison is appealing the DNR's decision to issue a permit allowing the east side metal fabricator to increase fivefold the particulate matter it can release from its Atwood Avenue plant.

The hearing is scheduled to be held at 9 a.m. at the Division of Hearings and Appeals of the state Department of Administration, 5005 University Ave.

Jon Axelrod, an attorney with DeWitt Ross & Stevens who is representing Kipp, said in an e-mailed statement Wednesday that he agreed that "the threat should be taken seriously."

He suggested that the Division of Hearings and Appeals use its caller ID capacity to help police identify who made the threat. Axelrod also suggested that metal detectors be used at the Kipp hearing "for the safety of all."

He declined further comment.

Jablonski called the phone threat "disconcerting and distracting." He said it was the latest in a series of incidents surrounding the case that have intimidated Kipp neighbors challenging the permit.

Neighbors were so shaken following a February letter -- in which Kipp attorneys, citing the $1.1 million combined value of their homes, cautioned they were not immune from penalties for making frivolous claims -- that some refused to be identified in a story in The Capital Times on Clean Air Madison's campaign.

A hearing was scheduled Wednesday at which Jablonski said he hoped Boldt would deny Kipp's unusual motion to disqualify Clean Air Madison expert witness Steven Klafka.

He said the attempt to prevent Klafka from testifying was part of procedural maneuvering "aimed directly at intimidating petitioners."

"We have not been able to concentrate the way we need to and prepare a substantive case," Jablonski said. "There have been lots of long briefs, arguments and motions that occupied much of the last three months," he said.

Kipp Permit Hearing Scheduled for April 11th

After many months of work and waiting, the contested case hearing over the last air pollution permit issued to Madison-Kipp will begin Monday, April 11th. Neighbors will present their case to the administrative law judge, Jeffrey Bolt, explaining why the permit should not have been issued by the DNR. The primary issue is the failure of the DNR to accurately estimate the air quality impacts of additional air pollution emissions from the Kipp aluminum foundry on Atwood Avenue. The DNR and Kipp attorneys will then be allowed to present their side of the case.

At this time, the hearing is scheduled for 9:00 am on Monday, April 11th, at the Department of Administration, Division of Hearings & Appeals, located at 5005 University Avenue. This is at the corner of Whitney Way and University Avenue near the Irish Waters Restaurant. The office telephone number is 266-3865.

All neighborhood residents are encouraged to attend the hearing to support and experience their day in court.

Please note that a death threat to neighborhood residents opposed to the permit was sent to Judge Bolt's office. The hearing location may change to provide more safety. Read about this threat in the April 6th Capital Times:

The article states:

(CAM Attorney Frank) Jablonski called the phone threat "disconcerting and distracting." He said it was the latest in a series of incidents surrounding the case that have intimidated Kipp neighbors challenging the permit.

Neighbors were so shaken following a February letter -- in which Kipp attorneys, citing the $1.1 million combined value of their homes, cautioned they were not immune from penalties for making frivolous claims -- that some refused to be identified in a story in The Capital Times on Clean Air Madison's campaign.

A hearing was scheduled today at which Jablonski said he hoped Boldt would deny Kipp's unusual motion to disqualify Clean Air Madison expert witness Steven Klafka.

He said the attempt to prevent Klafka from testifying was part of procedural maneuvering "aimed directly at intimidating petitioners."

"We have not been able to concentrate the way we need to and prepare a substantive case," Jablonski said.

"There have been lots of long briefs, arguments and motions that occupied much of the last three months," he said.

Info Meeting and "The CAM Song" Premiere Held at Cafe Zoma

Neighbors gathered on March 13th to get an update on CAM activities, ask questions, enjoy homemade and cafe treats, then listen to the premiere of the new CAM Song, composed by Peter Leidy. If you 'd like to see the lyrics and sing along with the crowd, go here.

CAM Requests Protection from Harrassment by Madison-Kipp

On Friday, February 25, 2005, attorneys for Clean Air Madison requested that Administrative Law Judge Jeffrey Bolt stop Madison-Kipp and its DeWitt, Ross & Stevens attorneys from harrassing neighborhood residents who have petitioned for an independent review of Kipp's latest DNR air pollution permit. A contested case hearing before Judge Bolt is scheduled for later this year.

CAM requested that the Judge Bolt provide protection and order Kipp and its attorneys "from further threatening any of the Petitioners" and to stop: "making threats to the effect that, or implying that, Petitioners'; homes or other assets are placed at risk as a consequence of Clean Air having brought and advanced this review of DNR's permit issuance."

You can read the full text of CAM's Motion for Protective Orders and Findings (in .pdf format) here.

Madison School Board Supports CAM Efforts

On Monday, January 31, 2005 Clean Air Madison was given the opportunity to present its cause to the Madison School Board. Recent evaluation of the discharges at Madison-Kipp had shown that by raising the two aluminum furnace stacks from 60 to 100 feet in 2003, Kipp had moved the point of maximum air quality impact to Lowell Elementary School, located only 500 feet from Kipp. Many neighborhood children attend Lowell. In addition, Lowell is a Title I school with a large population of low-income and minority children, an important issue for CAM's environmental justice complaint submitted to USEPA in 2004. After a long evening of listening to parents, neighbors and representatives from both CAM and Kipp, the school board agreed to ask the Department of Natural Resources to install air quality monitoring equipment at Lowell to determine if air quality standards were being met.

On February 9, 2005, the Madison School Board wrote to the DNR and requested air quality monitoring at Lowell Elementary School. You can read their letter to the DNR (in .pdf format) here.

This Capital Times article chronicles the January 31st meeting.

Pasta Fundraiser Dinner a Great Success!

On Sunday, January 30, 2005, CAM sponsored a pasta dinner at Bunky's Cafe located on 2827 Atwood Avenue. Over 190 people attended the dinner to support the current legal challenge to DNR approval of more air pollution from the Madison-Kipp aluminum and zinc foundry in the Schenk-Atwood neighborhood. A trial is scheduled for the week of April 11th. The dinner included pasta, salad and dessert, all cooked and served by neighborhood volunteers.

A number of reporters came to experience the tremendous neighborhood support for CAM activities. Here is the Channel 27 television news report:

Neighborhood Fights Pollution -- Sunday, 01-30-2005

People who live in an East Madison neighborhood are raising money to continue their fight against a Madison Corporation.

They claim the Madison-Kipp Corporation is polluting their neighborhood including a nearby school.

Frank Jablonski felt sick a couple weeks ago when walking his dog by the Madison-Kipp Corporation. Jablonski has been working with other neighbors in the Clean Air Madison group to make sure their concerns are heard about how much pollution comes out of the plant.

Jablonski became involved about seven months ago, but neighbors have been fighting for years. Right now though Madison-Kipp is meeting air quality standards according to the Department of Natural Resources.

Many though question the validity of the group's health claims. Frank Jablonski says, 'Some people who say that we're all subject, we're all, we have some mass psychosis here because we all experience these health impacts, but that's not the case, we know it's real.'

The group's pasta fundraising dinner fundraiser was held across the street from the plant. By paying for the pasta these neighbors are contributing to the fund for the lawsuit against Kipp. 27 News tried contacting the Kipp corporation, but their office was closed.

CAM Files Petition Against DNR

On May 24th 2004, Clean Air Madison filed a petition with the Department of Natural Resources (DNR) challenging issuance an air pollution permit to Madison-Kipp Corporation on Atwood Avenue. DNR ignored neighborhood opposition and issued Permit #03-POY-328, increasing particulate emissions from the two aluminum melting furnaces by 61 tons per year of emissions. The request for a hearing was approved and an independent review will occur during a contested case hearing conducted by an administrative hearing examiner from the Department of Administration. The hearing examiner has the authority to deny or change Kipp's air pollution permit. Additionally, Clean Air Madison filed a petition with the Dane County Circuit Court to review the DNR's decision to grant a permit to Madison-Kipp.

Clean Air Madison and other neighborhood residents submitted comments to the DNR as part of a public hearing and comment process. However, DNR effectively ignored public requests to include more stringent limits and better analysis of air pollution. If you would like to read the DNR inadequate response to public comments, click here. By petitioning the DNR for a hearing and the court to review DNR's decisions, Clean Air Madison and neighborhood residents take advantage of their rights to an independent review of DNR's decision to allow more air pollution.

If you would like to review the petition, click here. To see the CAM press release, click here.

The current schedule for the contesting case hearing process is as follows:

The contested case hearing is open to the public. The location will be posted here when available.

CAM Files Environmental Justice Complaint

On October 21, 2004, CAM submitted a complaint to the USEPA, Office of Civil Rights claiming that the Wisconsin Department of Natural Resources issued Air Permit #03-POY-328 to Kipp in violation of the Environmental Justice Program and Title VI of the Civil Rights Act of 1964. The complaint requests that USEPA conduct an investigation and determine if further environmental protection measures are warranted. The Environmental Justice Program requires fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to implementation of environmental laws. The east side of Madison, Wisconsin is home to the many low income and minority families. The east side of Madison also has the burden of dealing with the environmental impacts of the majority of the city's industries and sources of pollution.

To review a copy of the EJ complaint in .pdf format click here (1.0 MB).

Submission the EJ complaint was supported by the nearby SASY Neighborhood Association and Lowell Home and School Association (LHSA). To view the LHSA letter of support sent to USEPA in .pdf format, click here.

Midwest Environmental Advocates Awards Grant to CAM

Midwest Environmental Advocates or MEA provides legal and technical support to grassroots groups that are working for environmental justice in the Western Great Lakes region. CAM has been awarded a grant from MEA for its law suits challenging increased air pollution from Madison-Kipp. This is a matching grant which requires matching donations to receive the funds. Please consider supporting the CAM legal defense fund.

CAM Notifies Kipp of Intent to File a Clean Air Act Lawsuit

On Earth Day, April 22nd, CAM sent notification to Kipp it intends to sue for violations of the particulate emission limitations on its two aluminum furnaces. Since the traditional public involvement and good neighbor process has failed, we are moving to the courts. The federal Clean Air Act allows citizens to sue companies which violate air pollution control laws. These violations were measured during tests conducted in the fall of 2003. Kipp now has 60 days to negotiate improvements before the suit if filed. If you would like to see the CAM notification of intent to sue Kipp, click here.

CAM Files Title V Petition

On December 21, 1999, the DNR held a public hearing to receive comments on the proposed Title V air pollution permit for Kipp. This permit would establish air pollution control requirements for all of the foundries operations. Approximately 154 people attended the hearing with 124 clearly noting their opposition to approval of the existing air pollution discharges.

Despite health complaints related to existing air pollution, the DNR issued the Title V permit to Kipp in 2001. As a result, Clean Air Madison and other residents filed a May 4, 2001 petition with the Administrator of USEPA. The petition requests the USEPA conduct an independent review of DNR issuance of the Title V permit to the foundry. This petition is still pending. If you would like to see USEPA act on the petition, write your congressional representative so they can encourage USEPA.

The Title V petition is available on the USEPA web site.

The status of the petition can also be followed at the USEPA web site.

CAM will continue to monitor compliance by Kipp and can file Clean Air Act lawsuits and other challenges to assure protection of neighborhood residents.

Copyright ©2005 Clean Air Madison
Last updated: July 26, 2005