Tag: potash

Flow challenges EPA approval of Michigan potash underground injection permits, citing threats to drinking water

Published on June 17th, 2025 by - Blog Posts, News, Reports & Media Releases

June 17, 2025

Traverse City, Mich. – Flow Water Advocates today announced the filing of a Petition for Review (PDF) with the United States Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB), challenging the recent approval and modification of six Underground Injection Control (UIC) permits for Michigan Potash Operating, LLC. Representing Michigan Citizens for Water Conservation (MCWC), Flow argues that EPA Region V’s decision to allow the deep injection of millions of gallons of briny wastewater into wells in Osceola and Mecosta Counties fails to adequately protect critical groundwater resources, which serve as the sole source of drinking water for local rural communities.

The controversial Michigan Potash mine project aims to extract potash and salt through a solution mining process, which involves injecting large volumes of fresh water more than 1.5 miles deep to dissolve minerals, then bringing the briny liquid to the surface. The wastewater from this process, described as non-hazardous salt water, is slated for disposal in deep injection wells, some of which are modifications of existing wells and others are new. This industrial operation, spearheaded by parent company Michigan Potash & Salt Company, has raised alarm bells among environmental advocates and local residents for its potential to contaminate vital freshwater aquifers.

“A rural community’s sole source of precious drinking water deserves the highest standard of protection, and our review indicates EPA has fallen short,” stated Carrie La Seur, Legal Director for Flow Water Advocates and Counsel for Michigan Citizens for Water Conservation. “The EPA’s due diligence in reviewing these permits was inadequate, relying on outdated information and flawed assumptions. Our petition asks the Environmental Appeals Board to compel EPA to uphold its fundamental duty to safeguard our groundwater from industrial pollution.”

The Petition for Review meticulously details the alleged flaws in EPA Region V’s permit approval process. A central argument revolves around EPA’s reliance on dated information regarding the status of numerous plugged and abandoned well-bores within the targeted Dundee and Lucas formations. These boreholes, some dating back to the 1960s and earlier from prior oil and gas exploration, pose a significant risk if not adequately sealed. The petition asserts that EPA failed to perform its own research or conduct new testing to verify the physical integrity and suitability of these aging plugs, which are crucial barriers against the upward migration of injected brine into shallower freshwater zones.

Furthermore, Flow challenges EPA’s reliance on flawed engineering assumptions concerning the “Combined” Area of Review for the injection wells and the behavior of incompressible fluids. The petition argues that these technical errors could lead to an underestimation of the area potentially impacted by the injected brine, further jeopardizing underground sources of drinking water (USDWs).

The Safe Drinking Water Act (SDWA) explicitly requires EPA to establish regulatory programs to prevent underground injections that endanger drinking water sources. Michigan, not having its own EPA-approved UIC program, relies on federal oversight. Flow contends that EPA’s actions in approving these six new and modified UIC wells do not meet this necessarily high standard, particularly given the fissured and heavily perforated nature of the Dundee formation.

“The scale of this mining operation, which proposes to draw over two million gallons of fresh groundwater per day and dispose of vast quantities of process brine, demands the utmost scrutiny,” La Seur added. “Local residents in Osceola and Mecosta Counties, already struggling with economic challenges, cannot afford the crushing financial burden of contaminated well water if these critical aquifers are compromised. This is not just an environmental issue; it’s an economic and public health crisis waiting to happen.”

Local residents have previously voiced concerns, and MCWC participated extensively in the public comment periods on the draft permits. If successful, Flow’s petition to the Environmental Appeals Board could result in the review and remand of Michigan Potash’s UIC permits, forcing EPA to conduct a more rigorous, transparent, and up-to-date environmental review. This action seeks to set a vital precedent for how industrial projects, particularly those involving deep well injection, are evaluated and permitted, ensuring that the protection of Michigan’s precious groundwater resources remains paramount.

This legal action is a critical step in safeguarding Michigan’s irreplaceable water heritage and holding regulatory agencies accountable to their duty to protect public health and the environment.

Flow Water Advocates is a Michigan-based nonprofit organization dedicated to protecting the Great Lakes and Michigan’s fresh water through policy advocacy, public education, and legal action.

Michigan Citizens for Water Conservation (MCWC) is a grassroots organization committed to protecting Michigan’s water resources through education, advocacy, and direct action.

What the Big Water Infrastructure Law Means for Michigan

Published on April 6th, 2022 by - Blog Posts

On March 30, Governor Gretchen Whitmer signed into law a $4.7 billion bill that includes almost $2 billion for water infrastructure.  Overwhelming majorities of the State House and Senate approved the bill on March 24.

Relying heavily on federal COVID-19 relief and infrastructure dollars, the legislation funds wastewater and drinking water projects, efforts to curb PFAS contamination, assistance to replace failing septic systems, replacement of lead pipes in municipal drinking water systems, and a healthy hydration program to eliminate children’s lead exposure in school drinking water supplies.

The new law also contains funding for state parks maintenance, dam safety, and non-environmental projects. Deeply concerning is the $50 million taxpayer-funded subsidy the legislation provides to a private company to mine potash in Osceola County, which has drawn well-informed criticism from Michigan Citizens for Water Conservation (MCWC), as well as from FLOW. MCWC asked Governor Whitmer to veto the item. The proposed operation would withdraw 1,200 gallons of groundwater per minute, more than 630 million gallons per year, contaminate it with brine, hydrogen sulfide, and hydrocarbons, then inject it underground in sensitive wetland areas that flow into the Muskegon River. Whitmer did not veto the subsidy.

“This legislation is a major step forward in protecting Michigan’s drinking water and our lakes and streams, but it is not perfect,” said FLOW Executive Director Liz Kirkwood. “Big as this bill is, it represents a much needed down payment. The estimated gap between our water infrastructure needs and what we’ve been spending is almost $1 billion – per year.

“We also need to develop policies and funding mechanisms that make public water affordable for all, while preventing shutoffs,” she said.

Lisa Wozniak, the executive director of the Michigan League of Conservation Voters, called the water infrastructure legislation “a huge win for our water.” 

Conan Smith, president and CEO of the Michigan Environmental Council, said the legislation “will be instrumental in ensuring Michiganders everywhere have access to clean, safe drinking water and will protect human health, not to mention create jobs and strengthen our economy.”

Key items in the bill include:

  • $750 million for drinking water infrastructure improvement projects
  • $515 million for wastewater and stormwater upgrades
  • $450 million for local and state parks and trails
  • $200 million for the Four Lakes Task Force to fix the dams that burst two years ago in Midland County
  • $138.8 million to replace lead service lines, including $45 million in Benton Harbor and $75 million in Detroit
  • $88.2 million to address emerging contaminants, like toxic PFAS contaminants in storm and wastewater
  • $50 million for a Healthy Hydration program providing drinking water filters in schools and childcare facilities
  • $35 million to address failing septic systems
  • $25 million for electric vehicle (EV) industry support and pilot programs

Sponsored by Republican Senator Jon Bumstead, Senate Bill 565 originally included $3.3 billion of funding for water, which was more than Governor Whitmer, a Democrat, was willing to support at the time. After negotiations, the bill grew to $4.7 billion, adding funds for non-environmental needs, including emergency rental assistance and road and bridge projects.

Two of FLOW’s priorities are in the bill:

  • A $35 million program of low-interest and no-interest loans to help  property owners replace failing septic systems. With an estimated 130,000 failing systems leaking human waste and household hazardous wastes into Michigan’s groundwater and surface water, the need is great.
  • $10 million to implement recommendations of the state Water Use Advisory Council. Endorsed by the multi-stakeholder Michigan Groundwater Table convened by FLOW, the recommendations for monitoring, data collection, analysis, and reporting should lead to better stewardship of groundwater

In addition to the controversial potash mining subsidy, Smith said the bill contained a “fairly egregious insertion” of $25 million for building new low-carbon energy facilities. “This very likely means funding for ethanol and other biogas projects, rather than wind and solar. These projects have far-reaching consequences, including slowing our transition away from natural gas and exacerbating problems with monoculture agriculture that we are already experiencing in Michigan,” Smith said.

Many implementation details remain to be resolved. The legislation gives significant leeway to state agencies in funding projects. For example, the legislation’s septic system language calls for the Department of Environment, Great Lakes, and Energy (EGLE) to “establish and support a loan program that provides low- or no-interest loans to municipalities, residents, and other entities deemed necessary by [EGLE] to protect public health and the environment through addressing failing septic systems.”

FLOW and other environmental organizations will make recommendations regarding, and monitor the implementation of, the environmental provisions of the infrastructure legislation to assure maximum benefits to Michigan residents in greatest need and the environment.