Tag: PFAS

Polluter accountability bills Introduced in Michigan Legislature

Published on June 10th, 2025 by - Blog Posts

New bills would help clean up, prevent environmental contamination

June 11, 2025

Polluter accountability legislation, including Senate Bills 385, 368, 387, 391, 392, and 393, was introduced this week by State Senators. Several of the bills have already been introduced in the House as HB 4636-4640, and the remaining bills will be introduced this week. The package would save taxpayers millions of dollars and result in a cleaner, healthier environment. FLOW submitted written testimony in favor of the legislation.

Senate Bill 392 would dramatically reduce the creation of “dead zones,” or areas where groundwater contamination is pervasive, by requiring that it be cleaned up to residential standards (except where that is technically infeasible). Current law has facilitated the frequent use of institutional controls, like deed restrictions and local ordinances, to prohibit the use of contaminated areas rather than clean them up. SB 392 would promote active cleanup of contaminated sites to better protect public health and the environment. As of June 2025, there were 4760 institutional controls in Michigan.

Senate Bill 391 would provide more information to the Michigan Department of Environment, Great Lakes, and Energy (EGLE) and the public about sites and cleanups by requiring reports on past pollutant releases, reporting on self-managed cleanups of releases, post-cleanup monitoring to detect migration of contaminants in groundwater, and that owner/operators file due care plans detailing how they will fulfill their duty to protect the public. Other bills in the new package would streamline the process EGLE follows to revise and strengthen cleanup criteria; increase transparency in the cleanup program; and provide a cause of action in court for funding medical monitoring needed by people exposed to contamination.

The legislation introduced this week is similar to bills that passed the Senate last fall, but did not receive consideration in the House. The need for reform is especially urgent as Michigan grapples with over 300 confirmed PFAS contamination sites, and thousands more suspected locations – many without a responsible party identified. Polluter accountability laws would create a legal pathway to hold manufacturers and industrial polluters liable for cleanups and long-term health impacts.

Michigan had a “polluter pay” law in place between 1990 and 1995, which held owners and operators of contaminated sites strictly liable for their cleanup. The law generated approximately $100 million in polluter payments, but it was repealed in 1995 by the Legislature and then-Governor John Engler. The repeal has cost Michigan taxpayers over $1.5 billion in cleanup funding over the past 25 years.  There are more than 24,000 contaminated sites in Michigan, with groundwater and soil too polluted to use. Approximately 11,000 of those sites are considered to be “orphaned” without a legally responsible owner. They comprise an area that is cumulatively twice the size of the City of Grand Rapids. Many of the orphaned and unremediated sites are located in or near low-income communities and communities of color, exacerbating environmental injustice and putting already vulnerable populations at heightened health risks.

EGLE estimates that approximately $13 billion in public funds will be needed to clean up all orphan sites, where those responsible for the pollution are now bankrupt or defunct. Billions more will be needed from private parties that caused contamination of other sites. Polluter accountability laws can help ensure these funds are available for cleanup.

“The rollback has compromised the health and safety of Michigan residents, and put an unfair financial burden on taxpayers who are forced to bear the cost of cleaning up messes created by corporate polluters,” said Liz Kirkwood, executive director of FLOW. “Common sense reforms to bring back polluter accountability will enable Michigan to chart a cleaner, healthier future and help communities and businesses thrive.”

The so-called “institutional controls” – deed restrictions and local ordinances that substitute in many locations for cleanup – were studied by FLOW and the Institute for Water Research at Michigan State University. The study found that the true economic, ecological, and social costs of relying on land and water use restrictions to address contamination are likely significantly higher than estimated.

In several locations around the state where contamination has not been cleaned up, toxic chemicals have volatilized into homes, businesses, and even a day care center, necessitating evacuations to protect the occupants.

Michigan can no longer afford to let polluters off the hook. For too long, families, small businesses, and communities have borne the health and financial costs of toxic contamination they didn’t cause. Restoring polluter accountability is not only common sense–it’s a moral and fiscal imperative. These reforms will ensure that those who profit from pollution pay to clean it up. The Legislature has a clear opportunity to correct decades of environmental injustice and protect Michigan’s water, land, and public health for generations to come. FLOW and its partners urge the Michigan Legislature to act swiftly on this bill package to restore polluter accountability. With mounting cleanup costs, growing public health threats, and an increasingly contaminated groundwater system, delay is not an option. The time to act is now.

15 years, 300 sites: Grim PFAS milestones for Michigan

Published on February 17th, 2025 by - Blog Posts

By Tony Spaniola

Tony Spaniola co-founded and co-chairs the Great Lakes PFAS Action Network. He also co-founded the Need Our Water (NOW) community action group in Oscoda, Michigan, and serves on the Leadership Team of the National PFAS Contamination Coalition.

Tony Spaniola

PFAS contamination in Michigan was first discovered in March of 2010 in my home community of Oscoda. As we near the fifteenth anniversary of that discovery, there are now 300 confirmed PFAS contamination sites in our state.

Under Governor Whitmer’s leadership, Michigan adopted health-based drinking water standards for seven PFAS chemicals in 2020. Based on further scientific study, the EPA adopted more stringent national drinking water standards for six PFAS chemicals last April. And Michigan Attorney General Dana Nessel has initiated large-scale litigation against PFAS manufacturers.

While some progress has been made, we are not even close to solving the PFAS crisis. State regulators have identified over 11,000 potential PFAS contamination sites in Michigan, and more than half of them are farms that use wastewater treatment plant sludge, likely contaminated by PFAS, as “biosolids” to fertilize their crops.

In addition, Michigan’s fish population is at far greater risk than the State has previously acknowledged. The Michigan PFAS fish consumption guidelines were developed in 2012 and are badly out-of-date, particularly in light of the science that supports the EPA’s national drinking water standards. The State plans to issue new PFAS fish guidelines this spring, and if science is properly followed, a staggering number of waterways will likely be deemed to have fish that are not safe for consumption.

Meanwhile, the number of PFAS chemicals in commerce continues to grow — to nearly 15,000 by one federal estimate. Virtually all of those chemicals are completely unregulated and can be found in everything from food packaging to children’s clothing to widely-used prescription drugs.

Unfortunately, at a time of serious need for more action on PFAS, our federal government is poised to retrench. The authors of Project 2025, who now populate the Trump administration, want to “revisit the designation of PFAS chemicals as ‘hazardous substances’ under CERCLA“, and President Trump has already killed proposed PFAS effluent guidelines from the Biden EPA.

So, now more than ever, the burden falls upon states like Michigan to lead on PFAS. Minnesota has enacted legislation banning intentionally added PFAS in most products in that state. Nine other states have adopted narrower bans. However, similar legislation has stalled in Michigan.

Michigan has balked at updating its PFAS fish guidelines for a number of years, despite their glaring inadequacy. In light of the State’s long-standing reluctance, it is difficult to predict whether the promised updates this spring will fully address the PFAS fish problem or will continue to sidestep it.

In agriculture, Maine has taken the lead by banning biosolid sludge fertilizers and setting up a fund to assist PFAS-impacted farmers at numerous sites across that state. Similarly, Connecticut has banned all biosolid fertilizers containing PFAS. In contrast, Michigan shut down one farm in 2022 due to PFAS contamination from biosolid fertilizers, but claimed that it was an isolated incident. While Michigan is attempting to limit PFAS discharges in industrial waste water as a means of reducing PFAS in biosolids and limiting the amount of PFAS permitted in biosolid fertilizers, a more comprehensive approach is badly needed.

In the early stages of the crisis, Michigan claimed to be a national leader on PFAS. However, that claim is now being put to the test as other states adopt more forward-thinking PFAS policies and the federal government steps away. With the future of our Great Lakes and the lives of more than 10 million people at stake, it is time for Michigan to step forward and act boldly on PFAS. And it is incumbent upon each of us to make our voices heard in Lansing on these critical issues.

The Safe Drinking Water Act turns 50

Published on December 17th, 2024 by - Blog Posts

The law that protects the quality of America’s more than 170,000 public drinking water supplies is 50 years old as of Monday, December 16. While the Safe Drinking Water Act’s results have been mixed, its purpose and impact have become ever more relevant over the past five decades.

The potential impact of unsafe drinking water was demonstrated in Milwaukee when, in 1993, inadequate treatment led to a disease outbreak resulting from cryptosporidium, which affected 403,000 people and resulted in at least 69 deaths. The lead contamination of Flint’s water supply, beginning in 2014, exposed about 99,000 people to high levels of the neurotoxin. Flint officials failed to properly treat lead when the city switched to a new water supply, leading to concerns about high lead levels in children. The water switch also contributed to an outbreak of Legionnaires’ disease—a potentially life-threatening form of pneumonia—that killed at least 12 residents.

The backbone of the law is the setting of enforceable national standards for primary contaminants ranging from microorganisms to human-made chemicals like PCBs.

For each regulated contaminant, EPA sets a health goal based on risk (including risks to the most sensitive people, e.g., infants, children, pregnant women, the elderly, and the immuno-compromised). EPA then sets a legal limit for the contaminant in drinking water or a required treatment technique.

Earlier this year, EPA set standards for six PFAS compounds, the first time any of this family of chemicals has been thus regulated.

The Safe Drinking Water Act covers 1,400 community water supplies and 10,000 noncommunity water supplies in Michigan. (A noncommunity system provides water for drinking or potable purposes to 25 or more persons at least 60 days per year or has 15 or more service connections.)

Michigan community water supplies had 35 chemical standards violations in 2023: four for perfluorooctane sulfonic acid (PFOS) at one supply, four for perfluorooctanoic acid (PFOA) at two supplies, 23 for arsenic at seven supplies, and four for Di(2-ethylhexyl) phthalate at two supplies. There were 21 new or continuing chemical MCL violations reported in 2023 at noncommunity water systems. There were nine supplies that incurred arsenic MCL violations, seven had nitrate MCL violations, and five were issued PFAS MCL violations.

The standards do not cover private water wells serving fewer than 25 people. Michigan has over 1.1 million such wells.

Amendments to the law in 1986 and 1996 expanded the law’s scope to include prevention of drinking water contamination and education. Each customer of a public water supply is supposed to receive an annual report, called a consumer confidence report, on the quality of that supply and any exceedances of the drinking water standards in the previous year.

The law also provides low-interest loans to communities to upgrade their safe drinking water infrastructure. Michigan’s Drinking Water State Revolving Fund is the source of the state loans. The funding available, however, falls far short of Michigan’s drinking water infrastructure needs. A 2021 analysis of the state’s infrastructure needs found that Michigan has an annual unmet need of $860 million to $1.1 billion for drinking water treatment systems and upgrades.

“Many of Michigan’s water systems are older than the Safe Drinking Water Act itself,” Phil Roos, the director of Michigan’s Department of Environment, Great Lakes and Environment noted this fall. “Many systems are over 50 years old, with some approaching a century of service. Decades of underinvestment have left many communities struggling to maintain critical infrastructure.”

What Do the Election Results Mean for the Great Lakes State?

Published on June 4th, 2024 by - Blog Posts, News

While the word “water” was not on the November 8 statewide general election ballot in Michigan, it was present on the ballot in various local communities and in different, more subtle ways across the Great Lakes State.

In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements. In northwest Michigan’s Leelanau Township, for instance, 60% of voters approved zoning amendments designed to protect water quality; and Leelanau County is poised by month’s end to implement a county-wide septic code ordinance after the county board’s bipartisan vote in August following years of rancorous debate and unsuccessful attempts at passage.

In Ann Arbor, a whopping 71% of voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change. The funds will come from an up to 1-mill ($1 for every $1,000 in taxable value) increase in city property taxes over the next 20 years, which will raise an estimated $6,800,000 in the first year levied. Authorized uses include year-round composting; expanded residential/multifamily recycling; community and rooftop solar programs; rental and low-income household energy programs; bicycle, pedestrian and transit infrastructure; neighborhood resource centers; electric vehicle infrastructure; and tree plantings.

In some of Michigan’s 276 cities and 1,240 townships, voters considered new regulations to safeguard water resources and taxes for sewer and drinking water system improvements.  A whopping 71% of Ann Arbor voters favored a proposal to fund the City’s A2 Zero Action Plan, which aims for a transition to carbon neutrality by 2030 to curb climate change.

At the county level, decisions made by voters on whom to elect as commissioners in each of Michigan’s 83 counties could affect whether these jurisdictions in the near term take on one of the problems most threatening the state’s waters, an estimated 130,000 failing septic systems. Michigan remains the only state without a statewide law to set minimum standards for inspecting, maintaining, and replacing broken septic systems to protect surface water and groundwater and safeguard public health, so regulation is limited for now to a patchwork of local ordinances.

Historic Shift in Michigan’s Government

For the first time since the 1980s, Democrats have won the governor’s office, with the re-election of Gretchen Whitmer, and majorities in both chambers of the Michigan Legislature, albeit by just two seats in each chamber, which Republicans had controlled during Whitmer’s first term. The historic shift, along with the re-election of Dana Nessel as attorney general, promises to have enormous influence on the quality of water and other natural resources of the state.

enbridges-line-5-under-the-straits-of-mackinac-4f9997139d321d60

A diver points to a segment of the dual Line 5 oil pipelines operating under in the Straits of Mackinac since 1953.

As an example, Whitmer and Nessel have been partnering on a legal strategy to shut down Line 5, Enbridge’s risky, antiquated twin petroleum pipelines operating in the Straits of Mackinac, while their Republican opponents had pointedly promised to drop the litigation if elected. And Gov. Whitmer will have the opportunity to speed up progress on her climate action plan, restore polluter-pay cleanup laws weakened under former Republican Gov. John Engler, and protect and restore the Great Lakes. Widespread PFAS contamination, E. coli pollution, and harmful algal blooms also remain key priorities.

In the 2023-2024 session of the legislature, lawmakers will likely decide whether to enact a statewide law to control failing septic systems and whether to spend a part of several billion dollars in federal aid to maximize Michigan’s historic investments in clean drinking water, wastewater, stormwater, and other water infrastructure projects – including aging dams on Michigan rivers.

FLOW: It’s Time to Seize the Opportunity to Protect Fresh Water for All

As the Great Lakes State, Michigan must lead on every imaginable freshwater policy to protect this fragile, water-rich ecosystem and to secure safe, affordable drinking water for all.

FLOW Executive Director Liz Kirkwood

“For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.”

“For the first time in almost 40 years, the Whitmer administration and the legislature have an opportunity to profoundly shape water policy in the Great Lake State,” said FLOW Executive Director Liz Kirkwood, reflecting on the recent election results. “A lasting watermark would include securing clean, safe, and affordable water for all and protecting groundwater for the health of our lakes and communities.

Public Water, Public Justice

Governor Whitmer should play a leading role to close the bottled-water loophole in the Great Lakes Compact that presently allows diversions of water in containers less than 5.7 gallons. To do so, Kirkwood called on the governor and legislature to adopt FLOW’s “Public Water, Public Justice” model legislation that would generally prevent diversions by requiring small container diversions to be aligned with Public Trust principles, licensed by the state, and subject to royalties that would generate state revenue for Michigan’s vast water infrastructure needs.

“Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”

“Michigan must seize this window of opportunity to think about systemic changes needed and make the greatest gains we can to protect fresh water, the environment, Pure Michigan economy, and our way of life in the face of impacts from unrelenting climate change and a water-scarce world,” said Kirkwood. “Big, bold ideas for a vibrant future vision are necessary to generate public engagement and support. So if there ever was a moment, this would be it.”

On the Federal Front

Finally, all 13 of Michigan’s seats in the U.S. House of Representatives were contested in the November 8 election, with all incumbents who ran winning re-election, and Republicans gaining a slim majority in the chamber. Democrats retained narrow control of the U.S. Senate, and all Midwest governors on the ballot were re-elected.

The U.S. House will consider legislation in 2023 to address PFAS, the so-called “forever chemicals,” which have contaminated over 200 sites in Michigan, and renewal of federal funding for the Great Lakes Restoration Initiative.

Everywhere you look, water issues colored Michigan election choices and outcome. Now comes the real work that we all must do together: Hold our elected officials accountable to ensure the waters of the Great Lakes Basin are healthy, public, and protected for all.

Drinking Water Week 2024

Published on May 6th, 2024 by - Blog Posts

We are so used to turning on the tap and receiving safe drinking water that we often forget how vulnerable that water can be to contamination.

During Drinking Water Week, recognized May 5-11 by the State of Michigan and nationally, filling knowledge gaps is a critical priority. Knowing the source of your drinking water is crucial, and so is knowing about threats to its safety and legal and environmental defenses to prevent its contamination. Michigan also proclaims Thursday, May 9, as Private Residential Well Awareness Day to bring attention to the 2.6 million Michiganders who depend on private wells for their drinking water.

Michiganders have reason to grasp the threat to our drinking water. The lead contamination crises in Flint and Benton Harbor provide sobering lessons about one threat to drinking water. The federal government has now committed $15 billion nationwide for the replacement of lead pipes through which drinking water flows.

Another threat to public drinking water is the family of chemicals known as PFAS, the so-called “forever chemicals”, used in many consumer products. These compounds pose potentially major human health effects.

The good news is that both the State of Michigan and the U.S. Environmental Protection Agency have set health-based limits for some PFAS in public drinking water supplies.

The threat from other contaminants is greatest to those who rely on the more than 1.25 million private wells in Michigan, which go largely untested. Many people don’t realize that 45% of Michigan’s population gets drinking water from underground sources.

The Centers for Disease Control and Prevention recommends that private well users have their water tested annually for contaminants. The CDC also recommends keeping household hazardous materials such as paint, fertilizer, pesticides, and motor oil far away from wells.

For Michigan residents who receive drinking water from public water supplies, safety and contamination are regulated. Federal and state Safe Drinking Water laws require regular testing and treatment of public water. Customers of public water supplies are entitled to receive annual consumer confidence reports that detail levels of key contaminants and any violations of drinking water standards.

In 2022, according to the Department of Environment, Great Lakes and Energy (EGLE), there were 1,012 violations of Safe Drinking Act requirements at 328 community supplies. Most of these violations related to treatment or reporting requirements, not violations of health-based drinking water standards.

Many Michiganders drink bottled water—some as a short-term replacement for contaminated public or private water supplies, but far more do so for the perceived convenience and hydration. Many bottled water customers, however, do not realize that much bottled water comes from public supplies—they are drinking bottled tap water from systems paid for by taxpayers and marked up for significant profit by the private sector. Aquafina and Dasani labels in Michigan are drawn from the public supply for Southeast Michigan. And most of the remainder of bottled water packaged in Michigan—such as BlueTriton’s (formerly Nestle’s)—comes from groundwater that is tributary to Michigan’s streams and lakes. In effect, it and consequent private profits come from sources that belong to the people of Michigan under the public trust doctrine.

We should not take our drinking water for granted. Becoming aware of sources and threats is vital to our individual, family, and public health. Learn more about FLOW’s efforts to protect groundwater here on our website.

FLOW Applauds EPA for First-Ever, National Enforceable Drinking Water Standards for PFAs

Published on April 11th, 2024 by - Blog Posts, Reports & Media Releases

On April 10, the Biden-Harris Administration and EPA issued the first-ever nationally enforceable drinking water standards to protect communities from cancer-causing toxic PFAS pollutants, also known as “forever chemicals.” FLOW applauds this important federal coordinated action designed to tackle PFA contamination, prioritize public health, and advance environmental justice in communities nationwide.

Michigan has much at stake in protecting the public from PFAs compounds. These ubiquitous chemicals have been found in hundreds of locations around the state, including drinking water supplies. In 2019, Governor Gretchen Whitmer directed the state to promulgate strong protective standards for PFAs in drinking water, but they were challenged and have been held up in court by industries.

“Ensuring everyone has access to clean, safe, affordable drinking water is a national priority. We commend EPA’s effort to establish new standards for PFAs in Drinking Water as a first step in protecting people from PFA contamination. This work is only the beginning as there are more than 10,000 compounds in this chemical class. Establishing federal standards is more important than ever before because even in leading states like Michigan with established PFAs drinking water standards, corporate interests have challenged and successfully delayed these important protections,” said Liz Kirkwood, executive director of For Love of Water (FLOW).

To ensure the successful implementation of this new drinking water rule, the Biden-Harris Administration announced unprecedented funding, with an additional $1 billion of available funding through the Bipartisan Infrastructure Law to support states and territories to test for PFAs in public water systems and private wells.

PFAS Chemicals in Tap Water More Widespread Than Thought

Published on July 13th, 2023 by - Blog Posts

A new U.S. government study that finds toxic PFAS chemicals could be present in nearly 50% of the nation’s tap water “should sound alarm bells for people across the country,” says a Michigan citizen leader on PFAS policy.

Tony Spaniola, who co-founded and co-chairs the Great Lakes PFAS Action Network and serves on the Leadership Team of the National PFAS Contamination Coalition said “It is staggering that nearly half of all Americans have PFAS ‘forever chemicals’ in their tap water.” 

“But it’s even more staggering that the study only tested for 32 of the more than 12,000-plus PFAS chemicals that are used in commerce. If the study had tested for all of those chemicals, it’s reasonable to infer that many more Americans are likely to have PFAS in their tap water.”

The study, conducted by the U.S. Geological Survey, tested for 32 individual PFAS compounds from 716 locations representing a range of low, medium and high human-impacted areas. Water from public water supplies and private wells was analyzed. The most frequently detected compounds in this study were PFBS, PFHxS and PFOA. The interim health advisories released by the U.S. EPA in 2022 for PFOS and PFOA were exceeded in every sample in which they were detected in the study. 

Michigan’s PFAS Action Response Team (MPART) coordinated monitoring of public water supplies between 2018 and 2020. Approximately 80 public water supplies tested returned results greater than 10 parts per trillion of total tested PFAS. But only three supplies were found to have PFOS plus PFOA over a federal health advisory.

MPART had also confirmed 257 PFAS sites (map), including landfill, airports, former manufacturing sites and others as of May 8, 2023. 

PFAS chemicals have been used in clothing, furniture, adhesives, food packaging, heat-resistant non-stick cooking surfaces, and the insulation of electrical wire. Possible human health effects include increased risk of kidney and testicular cancer, increased risk of high blood pressure and pre-eclampsia in pregnant women, and low birth weight in infants.

Spaniola pointed out that there still are no federal drinking water regulations for any PFAS chemicals. The EPA is presently proposing to regulate only six PFAS chemicals, while Michigan regulates only seven of them.

He added: “We all need to demand from our elected officials and regulators that the entire class of PFAS chemicals be regulated and banned from use in commerce, except only in relatively rare instances in which their use is absolutely essential.”

Abigail Hendershott, executive director of MPART, says the fact Michigan has been sampling public water supplies for several years will enable state officials to assess the implications of EPA’s proposed drinking water standards for PFAS.

The new federal study, which includes test results from private wells, underscores the importance of doing more water sampling of private water than has been done in Michigan, Hendershott says. The state has sampled about 6,000 private wells in the course of investigating specific sites, but there are more than 1 million private wells in Michigan.

“MPART will continue to look for ways to promote private drinking water sampling to protect public health,” she said.

Opinion // Keep Michigan water affordable and in public hands

Published on January 17th, 2023 by - Blog Posts

By: Liz Kirkwood, Executive Director
January 17, 2023 // Bridge Michigan

Michigan is a water wonderland — think Great Lakes, 36,000 miles of rivers and streams, groundwater that supplies 45 percent of our state with drinking water, and more than 6 million acres of wetlands.

But these waters face a daunting array of challenges, everything from microplastics to toxic “forever chemicals,” inadequate infrastructure funding to the stresses of climate change. The impact on residents includes soaring water bills, water shutoffs and widespread concern about lead and chemical contamination.

In 2023, Michigan needs an inspiring vision, championed from the highest places inside our government and out. In her State of the State message set for Jan. 25, Gov. Gretchen Whitmer has a chance to show the way by articulating bold proposals for Michigan’s water. I urge herto declare 2023 the Year of Keeping Water Public and Protected for All in Michigan.

Secure Affordable Rates and Public Control

  • Water affordability and access: Water is essential to sanitation, health and life itself. No Michigander should be denied public water service because of inability to pay. Michigan should enact legislation to ban residential water shutoffs, fix the affordability crisis and address water injustices.
  • Public Water Legislation: The state should enact legislation imposing royalties on bottlers who commodify waters owned by the State of Michigan at practically no cost and reap extraordinary profit on the resale. The royalties should make up a clean water trust fund to serve Michigan residents and communities for dedicated public purposes, including ending water shutoffs and helping people whose wells are contaminated.
  • Keep municipal water utilities public: Michigan must draw a clear line against any plan to privatize public water services, which weakens local control and can ratchet up rates while maintenance lags.

Protect Drinking Water and Public Health

We have made considerable progress in dealing with the kind of pollution the 1972 Clean Water Act targeted, but new threats continually emerge for which our laws are ill-prepared. The governor should call for actions to address not only these threats but also the mistakes of the past:

  • Groundwater: These vital but largely invisible waters are contaminated in over 15,000 localities. Another $50 million a year should be dedicated to the cleanup of toxic sites and prevention of groundwater contamination.
  • Climate resilience and water infrastructure funding: Climate change is putting unprecedented stress on already-faltering water systems. Despite a one-time infusion of federal funds last year, our water infrastructure faces a multi-billion dollar investment gap. We need long-term funding sources, and new water projects must be designed for an era of intensifying storms.
  • A new approach to chemical contamination: We can no longer deal with chemicals like PFAS one-by-one and after they have done environmental harm. Instead, the precautionary principle should be the foundation of our chemical policy, requiring chemical manufacturers to demonstrate the safety of the chemicals before they can be authorized for commerce.

Our actions now will define and shape the future of the Great Lakes. This future demands a new relationship with water, and recognizes, in the words of Jacques Cousteau, that “the water cycle and the life cycle are one.”

Imagine a future where we place water at the center of all decision-making. And imagine the profoundly positive impacts that result in energy choices, food systems, the transportation and housing sectors, urban development, manufacturing and more.

Safeguarding our Great Lakes is a deeply shared value and, despite daily indications of bitter polarization in our politics, this important area of common ground bridges political divides. Prudently conceived and boldly implemented, keeping our water public and protected for all can help secure Michigan’s future.

EPA Move Has Big Implications for Michigan’s PFAS “Forever Chemical” Toxic Sites

Published on August 31st, 2022 by - Blog Posts

The proposal last week by the U.S. Environmental Protection Agency to list two “forever chemicals” as hazardous substances under the federal Superfund law could help spur cleanup actions in Michigan.

The two chemicals, known as PFOS and PFOA, were two of the most widely used per- and polyfluoroalkyl substances (PFAS) and were used in firefighting foams, nonstick kitchenware, and water repellent gear, among other things, before being phased out. The chemicals break down very slowly, if ever, in the environment, are found in the blood of nearly all Americans, and have been linked to kidney and testicular cancer, thyroid disease, and other human health impacts. Promisingly, scientists at Northwestern University recently discovered a new method for breaking down PFAS compounds that could prove to be a breakthrough for cleanups.

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) so far has identified 228 PFAS contamination sites. In 2018, EGLE predicted more than 11,300 PFAS sites in Michigan might exist, but had not been investigated yet, including at fire stations, municipal airports, military sites, refineries and bulk petroleum stations, and wastewater treatment plants.

“If the proposed rule takes effect, the hazardous substance designation will create a mechanism for the EPA to hold polluters financially accountable, and it will also allow communities, local governments, and small businesses to sue polluters to recover costs,” said Anthony Spaniola, an activist fighting for cleanup of PFAS contamination from the former Wurtsmith Air Force base near Oscoda. 

“If the proposed rule takes effect, the hazardous substance designation will create a mechanism for the EPA to hold polluters financially accountable, and it will also allow communities, local governments, and small businesses to sue polluters to recover costs,” said Anthony Spaniola, an activist fighting for cleanup of PFAS contamination from the former Wurtsmith Air Force base near Oscoda. 

Spaniola added, “As the proposed rule makes its way through the process, EPA will also be accepting public comment regarding other members of the PFAS chemical class that should also be designated as hazardous substances. In the best of all worlds, this could open the door for regulation of PFAS chemicals as a class—which is what should be done.” 

Michael S. Regan,
EPA Administrator

“This is a significant political and policy statement from the Biden administration,” he said.

“Communities have suffered far too long from exposure to these forever chemicals,” said EPA Administrator Michael Regan in announcing the proposed rule. EPA will both help protect communities from PFAS pollution and seek to hold polluters accountable for their actions.

“Communities have suffered far too long from exposure to these forever chemicals,” said EPA Administrator Michael Regan in announcing the proposed rule. EPA will both help protect communities from PFAS pollution and seek to hold polluters accountable for their actions.

The proposed designation of PFOS and PFOA is not a done deal. Citizens will need to submit supportive comments during the official rulemaking process. EPA will be publishing the Notice of Proposed Rulemaking in the Federal Register before a 60-day comment period begins.

From PBB to PFAS to Lead: Will Government Ever Learn?

Published on February 9th, 2022 by - Blog Posts, News

When a coalition of citizen groups, including FLOW, last fall urged the U.S. Environmental Protection Agency (EPA) to protect the nearly 10,000 residents of Benton Harbor from lead in their drinking water, it was a reminder that government officials have failed to heed the lessons of a half-century of Michigan environmental health disasters.

Once again, Michigan’s state government had failed to act with urgency to protect the public from toxic contaminants.

Once again, Michigan’s state government had failed to act with urgency to protect the public from toxic contaminants.

This week, seeking to protect Benton Harbor residents from lead as well as hoping to head off further criticism, the Michigan Department of Health and Human Services promised to continue providing bottled water to the community until all lead pipes are replaced.

Last fall’s petition, coordinated by the Natural Resources Defense Council, the Benton Harbor Community Water Council, and the Great Lakes Environmental Law Center, called on the EPA to prevent continuing lead exposure to the drinking water utility customers in the city. The petition came only after officials in Michigan’s Departments of Environment, Great Lakes, and Energy (EGLE) and Health and Human Services moved sluggishly to address the problem of lead in Benton Harbor’s drinking water pipelines and tap water.

Coming just eight years after the infamous lead poisoning of the people of Flint, the Benton Harbor crisis once again demonstrated the inability or unwillingness of government agencies to mobilize quickly to protect public health—and their refusal, in some cases, to communicate openly with citizens about risk.

The road to Benton Harbor can be said to begin in St. Louis, Michigan, in the spring of 1973.

St. Louis, Michigan, photo courtesy of Wikimedia Commons

The road to Benton Harbor can be said to begin in St. Louis, Michigan, in the spring of 1973. The Michigan Chemical Company produced both a toxic flame retardant, PBB, sold under the trade name FireMaster, and a cattle feed supplement sold under the trade name NutriMaster. A shortage of preprinted paper bag containers led to bags of PBB accidentally being sent to Michigan Farm Bureau Services in place of NutriMaster. This accident was not recognized until the spring of 1974.

PBB had entered the food chain through milk and other dairy products, beef products, and contaminated swine, sheep, chickens, and eggs. As a result of this incident, more than 500 contaminated Michigan farms were quarantined, and approximately 30,000 cattle, 4,500 swine, 1,500 sheep, and 1.5 million chickens were destroyed, along with more than 800 tons of animal feed, 18,000 pounds of cheese, 2,500 pounds of butter, 5 million eggs, and 34,000 pounds of dried milk products.

Even worse, millions of Michigan citizens ingested PBB, with unknown health impacts. To the most affected farm families, however, health effects have been palpable.

To compound the disaster, state government health officials dismissed public concerns about the impact of PBB until their complacency was exposed by test results from contaminated farm animals. Even then, they expressed skepticism about human health impacts. The resulting loss of public confidence in the state’s response and in the administration of Governor William Milliken left scars for years.

Flint bottled water photo courtesy of White Pine Press, NMC’s student-run newspaper

The 2014 Flint disaster demonstrated historical amnesia.

The 2014 Flint disaster demonstrated historical amnesia. After a state-appointed emergency manager authorized a shift in the source of the city’s drinking water from the safe metropolitan Detroit supply to the Flint River, whose chemistry corroded the interior of water pipes and released lead, citizens complained about the look and taste of their drinking water. At first, state officials said the water was safe and mocked a lead study undertaken by Virginia Tech professor Marc Edwards. Ultimately, two state department heads lost their jobs as it became clear that the 99,000 residents of Flint had absorbed lead at levels of concern, and then-Governor Rick Snyder was forced to apologize for his administration’s inadequate response. Snyder still faces criminal charges related to the disaster.

The Snyder administration also blundered in dealing with a class of toxic compounds known as PFAS, the so-called “forever chemicals” because they do not readily break down in the environment.

The Snyder administration also blundered in dealing with a class of toxic compounds known as PFAS, the so-called “forever chemicals” because they do not readily break down in the environment. When scientist Robert Delaney of what was then the Department of Environmental Quality warned of widespread PFAS contamination in Michigan, his concerns were largely brushed aside. It turned out that the scientist was correct–PFAS have been identified at approximately 200 sites in Michigan and are suspected at hundreds more locations. Citizens have been exposed to chemicals shown to cause serious health effects in laboratory animals, and it will cost hundreds of millions of taxpayer dollars to clean up the PFAS messes.

To her credit, Governor Gretchen Whitmer’s first executive directive after she took office in 2019 encouraged state employees to come forward to her office if they had reason to believe in a significant threat to the public health and welfare and were concerned the state was not acting swiftly enough. The Governor also promised transparency in addressing environmental health concerns.

It was surprising, then, that EGLE officials delayed for more than eight months telling residents of 18 homes in East Bay Township near Traverse City that the state was investigating the possible presence of PFAS in their private drinking water wells.

It was surprising, then, that EGLE officials delayed for more than eight months telling residents of 18 homes in East Bay Township near Traverse City that the state was investigating the possible presence of PFAS in their private drinking water wells. Saying they did not want to alarm citizens unnecessarily, they provoked outrage when the well testing showed PFAS. The homeowners were understandably angry. Some might have taken precautions to avoid even the chance of exposure to the pollutants. Eventually, their homes were connected to a safe municipal drinking water supply, but it is not known how long the residents were exposed.

That brings us back to Benton Harbor. Elevated lead levels were detected in city tap water for three years–at levels as much as 60 times higher than health standards–without effective state or local government action, until the coalition of community and environmental groups filed the September 2021 petition. This galvanized an emergency order from EPA and promises from Governor Whitmer to move expeditiously to replace the city’s lead drinking water pipes.

But as the Reverend Edward Pinkney, President of the Benton Harbor Community Water Council (BHCWC) wrote, “This news has been tough to swallow especially after seeing the devastation of Flint, because we know that it’s the kids whose health will be hit hardest by this crisis. Too many parents of Benton Harbor are feeling overwhelmed thinking that they have failed their children through no fault of their own.”

Michigan Gov. Gretchen Whitmer visits the first lead service line replacement construction site in Benton Harbor on Nov. 9, 2021.

Government exists to serve the people. In the face of a confirmed or suspected environmental health threat, the first response of officials ought to be concern and action, not denial and delay.

Government exists to serve the people. In the face of a confirmed or suspected environmental health threat, the first response of officials ought to be concern and action, not denial and delay. We can only hope that 50 years from now, a new generation of Michiganders does not have to learn the same hard lesson at a significant cost to human health.