Kipp Violations Continue

This past year, Madison-Kipp completed a project to increase the dispersion of its air pollution discharges. Short roof vents were eliminated and 12 new stacks were installed. This project was required by the Wisconsin Department of Natural Resources to finally correct violations of air quality standards in the residential areas adjacent to Kipp's aluminum foundries. See the accompanying photo of Kipp which shows the new stacks and nearby homes.

These air quality standard violations span many years despite the efforts of neighborhood residents. DNR first officially identified violations near Kipp in 1994. How long these had been occurring up this point is anyone's guess.Wisconsin law allows a maximum fine of $25,000 per day for violation of environmental laws. If held accountable, Kipp would be subject to over $118 million in fines.

Unfortunately for health and well-being of surrounding residents, both DNR and Kipp ignored these violations for many years. Later when Kipp began requesting even more air pollution discharges, neighbors reminded Kipp and the DNR through letters, emails and at public hearings that problems were still occurring and the violations had not been corrected. Then in 2004, neighbors had finally had enough and legally challenged DNR approval of another 60 tons per year of particulate discharges from Kipp. From the spring of 2004 to early 2006, neighbors, organized as Clean Air Madison, fought a David and Goliath battle against the mean spirited and money rich campaign of Kipp and its lawyers. In the end, the Administrative Law Judge Boldt agreed that Kipp needed to correct the air quality violations. But, rather than make the court-ordered improvements, Kipp had the DNR revoke the permit they had spent so much time, effort and money defending. Kipp promptly applied once again for DNR approval of increased discharges. By this time, the USEPA had adopted federal rules which no longer allowed Kipp to ignore its continued violations of air quality standards. When approving increase discharges from Kipp in 2007, the DNR had no choice but to require Kipp to also correct the long lasting violations. This resulted in the installation of 12 new stacks. With those new stacks, Kipp now looks like a pin cushion, having chose to disperse rather than control its air pollution emissions.

Will Kipp be held accountable for the past violations? The DNR has held other businesses accountable for violating air quality standards. But based on the record, don't hold your breath. It will likely only be those exposed to Kipp's excessive pollution that will bear the cost.

During the many years neighbors waited for the violations to be corrected, USEPA updated the national ambient air quality standards using new research on air pollution and health. The old 1971 standard of 150 ug/m3 was used to design the new Kipp stacks. However, in 2006, this was replaced with a more protective standard of 35 ug/m3 for small particles or PM2.5. Refer to the EPA web site for more background: www.epa.gov/pm/ So while Kipp has finally made improvements to comply with the old 1971 air quality standard, it is already in violation of the newest 2006 standard. Sounds like an example of the old adage, "A day late and a dollar short." Neighbors have already asked, but the DNR will not apply the most protective air quality standard to Kipp until forced by USEPA. And for this reason, we can conclude that Kipp's accrued violations are $118 million - and still counting.

New Kipp Stacks Meet 1971 Air Standard

This past summer, Madison-Kipp installed the last of 12 new stacks at its aluminum die casting foundries on Atwood and Fair Oaks Avenues. The stacks which are visible at the corner of Atwood Avenue and Elmside Boulevard are shown in Figure 1 (the image on the right). The new stacks, each at least 76 feet high, were required before the Department of Natural Resources would allow more air pollution discharges from Kipp. Issued in March, the DNR permit allowed Kipp to emit another 30 tons per year of particulate matter from the aluminum melting furnaces. The 12 new stacks were not intended for the furnaces, which already use two 100-foot stacks, but for the existing aluminum die casting operations.Until recently, oily die castings fumes were released from short roof vents. For years, both Kipp and the DNR were aware the fumes were violating air quality standards, especially in the residential backyards abutting Kipp buildings, but waited until federal rules forced improvements. One option for meeting the air standards was to reduce or eliminate the die castings fumes with air pollution control equipment. Instead, Kipp opted to use dilution as the solution and install taller stacks.

So the good news is there are 12 new stacks dispersing Kipp's die casting fumes over a larger area, thus assuring that Kipp meets the air quality standards for particulate matter. The DNR analysis approving the new discharges concludes that with the new stacks, Kipp will cause concentrations which are no more than 96% of the air quality standards for Total Suspended Particulate or TSP. The bad news is that these same TSP standards were adopted back in 1971. The TSP standard was the first national air quality standard for particulate matter and was adopted shortly after President Nixon helped create the Clean Air Act.

The Clean Air Act does require USEPA to regularly review the latest scientific information and adopt new air quality standards when necessary. This has been done several times, with the newest air standard for particulate matter adopted in September of 2006. This standard provides much more protection, especially for people with asthma or heart disease. You can read more about the new air quality standard at the USEPA web site: http://epa.gov/pm/. The newer standard is far more stringent than the 1971 standard applicable to Kipp's operations. In fact, the DNR analysis shows that with the 12 new stacks, Kipp die castings fumes will still generate concentrations of particulate matter more than twice the 2006 air standard, even without considering any existing pollution. Before the new stacks were approved, neighborhood residents did ask that either the new 2006 standard be applied to Kipp's operations, or the die castings fumes be controlled, but Kipp and DNR chose rely on the older 1971 standard.

With the 12 taller stacks, it was hoped there would be a reduction in the noise generated by the large fans which exhaust the die casting fumes. Now that the last of the stacks has been installed, it is apparent on a quiet evening that fan noise is no quieter and carries even further. This situation has led to neighborhood discussions with city staff about the adequacy of Madison's noise ordinance. In a situation very similar to the air standard, Kipp is subject to an older 75-decibel noise level adopted in 1973. Other cities, such as Milwaukee, have far more stringent noise levels including a limit of 45-decibels at night-time. Even Madison's noise limits for new operations is fairly lax compared to other cities, allowing 65-decibels.

Will neighbors need to wait another 36 years for more improvements? Perhaps not. This fall, USEPA proposed new permit regulations to force factories such as Kipp to comply with the latest and more protective 2006 air quality standard for particulate matter. You can read more about these regulations at http://epa.gov/nsr/. Initial talks have begun with city staff to determine how Madison's noise ordinance can be updated to be as protective as other cities. Neighbors must continue to work if Kipp is to become quieter and cleaner. Remember - "Every neighborhood deserves a clean environment."

This article also appears in the Eastside NEWS and at Madison Commons.

DNR Asks for Kipp Pollution Cleanup Plans

This past spring, the air pollution permit for Madison-Kipp aluminun foundry operations on Atwood and Fair Oaks expired. Kipp has applied for renewal of this permit but will first need to address air quality standard violations caused by existing discharges. Through their letters, emails and petitions, residents, state representatives and Clean Air Madison have asked the Department of Natural Resources to expedite renewal of Kipp's permit so these violations are addressed as soon as possible.

Neighborhood efforts have started to have an effect. In his letter of October 11th to Kipp, Air Management Supervisor Tom Roushar asks Kipp to provide plans for needed improvements by the end of November. Kipp suggested to the DNR that it will "reconfigure operations between the Madison and Sun Prairie locations." DNR reminded Kipp that there has been significant public interest in expediting the permit renewal and asks Kipp to submit a revised application so review can proceed in a timely manner. You can read the DNR's October 11th letter here.

The need for pollution cleanup at Kipp is partly due to recent changes in the USEPA and DNR computer modeling programs. These are important air pollution control tools which predict how air pollutants disperse from stack and roof vents and verify that air quality standards are met. These programs are needed because no one can afford to place air quality monitors at every possible location where pollutant exposure might occur. Earlier this year, DNR adopted USEPA's new computer model, AERMOD. This model is far better for predicting concentrations caused by the short vents exhausting die casting fumes from Kipp's roof. Modeling by CAM using AERMOD shows that current Kipp discharges are violating air quality standards. You can see the AERMOD modeling results and predicted air quality standard violations caused by Kipp at CAM's web page.

Progress has been slow, but it appears that cleanup of Kipp air pollution is likely. As always, the devil is in the details. Kipp has a history of investing as little as possible in pollution cleanup with little regard for its neighbors. Will the noisy roof vents continue to be used? Will there be a new 100-foot stack? Will the aluminum melting furnaces and chlorine storage move to Sun Prairie? Stay tuned and continue to write both the DNR and your state representatives.

Correspondence document (.pdf):
• DNR Letter to MKC on Permit Renewal,11oct06.pdf

Mission Accomplished

On May 3rd Madison-Kipp Corporation quietly surrendered the air pollution permit that Kipp had been fighting over for years with neighbors. This was a first for Wisconsin, with Steven Dunn, DNR Construction Permit Chief indicating, "I can’t recall a permit ever being revoked."

If you were listening carefully, you might have heard a collective sign of relief throughout the Schenk-Atwood neighborhood. Kipp’s surrender of the permit ended a two year battle as neighborhood residents fought Kipp and DNR over the aluminum foundry’s desire to release of another 61 tons per year of uncontrolled particulate pollution.

In a classic David and Goliath match, neighborhood residents combined their resources, formed a nonprofit organization called Clean Air Madison ("CAM") and supported their effort with spaghetti dinners and music fund raisers, eventually overcoming the well-heeled company.

Vicky Hestad, a CAM organizer said: "Our motto is, ‘Every neighborhood deserves a clean environment’. It was sad that we needed to fight so hard for clean air in our neighborhood. We’re tired but extremely happy for this victory."

Kim Wright, who lives near Kipp and attributes asthma attacks to the foundry emissions, was ecstatic. "It’s amazing what ordinary people can accomplish when they pull together and refuse to be intimidated."

Last spring, a 5-day trial was held before Administrative Law Judge Jeffrey Boldt. CAM showed that discharges from short stacks and open doors at Kipp’s facilities were already violating air quality standards, and argued the foundry should not be allowed additional air pollution. In his decision Judge Boldt ordered Kipp to install two ground-level air monitors near the foundry, at locations where computer programs indicated pollution from Kipp would likely be most concentrated. The Judge also ordered Kipp to stop the release of foundry emissions from doors and other openings.

Rather than comply the new requirements imposed by Judge Boldt, Kipp surrendered its permit, asking DNR to revoke it.

According to CAM lawyer Frank Jablonski, "The air testing requirements written into Judge Boldt’s decision put Kipp in a box. Unless it surrendered its new permit, Kipp was either going to have to clean up, or get caught. Kipp decided to surrender the permit."

Kipp had fought intensely to keep its permit over the past two years. While contested case hearings over DNR air pollution permits are usually arguments over interpreting regulations or the accuracy of technical analyses, Kipp and its attorneys stretched the process out by tactics such as refusing to provide test results, making pointed threats aimed at the homes of neighbors who had challenged the permit, and fighting to keep CAM’s expert witness from testifying.

Another incentive for Kipp to surrender its permit was a new air quality monitor installed on the roof of Lowell Elementary School, which is just a block from the two 100-foot stacks slated to release the increased particulate pollution. In surrendering its permit, Kipp claimed it had never used the higher emissions. As summarized by CAM’s lawyer, "The Lowell School monitor seemed to have the same effect as putting a prominent squad car on a street with speeders. It deterred Kipp from actually pushing up its pollution."

CAM members feel more work must be done. By surrendering its permit, Kipp was able to avoid the additional air pollution control measures ordered by Judge Boldt. CAM wants to see Kipp’s ongoing violation of air quality standards addressed in a new permit that the foundry is seeking.

Kipp's Title V operation permit for air pollution from all its operations expired May 10, 2006. The company has filed for renewal of the permit, but the DNR has refused to process this application. As shown during the 2005 contested case hearing, current air pollution from Kipp is causing violations of air quality standards. CAM confirmed this conclusion with the latest air quality model, AERMOD, now used by the DNR. Since the same air polllution sources causing these violations have been operating for over ten years, the violations have been occurring for at least ten years. These violations will not be stopped until DNR processes the pending renewal application.

Correspondence documents (.pdf):
• DNR Revocation of Kipp Permit
• DNR Response to CAM on Kipp Permit Revocation

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