BIG RAPIDS, Mich. (Michigan News Source) – Opponents of the Gotion EV battery Megasite in Big Rapids have been trying to keep the $2.4 billion China-linked project out of their community since they learned about it. The reasons are plentiful including its impact on the local environment.

One of those opponents is EDRA (the Economic Development Responsibility Alliance of Michigan), a grassroots coalition of residential stewards, united in our purpose to stop corrupt deals by taxpayer funded economic development corporations and the capture of regulatory agencies from destroying Michigan’s communities, wild spaces, and water.

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EDRA and the Big Rapids community are questioning the role that federal regulatory agencies have in the environmental permitting process for the Gotion Megasite. EDRA says in a recent press release that questions concerning the regulation and protection of the environment concerning the Gotion project have been asked of Michigan’s Department of Environment, Great Lakes, and Energy (EGLE) and the US Environmental Protection Agency’s (EPA) Region 5 offices. However, so far, EDRA says that the response has been “minimal, inconsistent, and legally dubious.”

EDRA says, “Whether or not the US Federal government has jurisdiction over the environmental permitting for Gotion has a significant impact on the requirements of the process. Most notably: projects which fall under federal jurisdiction – including but not limited to federal funding – are mandated under the National Environmental Policy Act (NEPA) to perform and review an environmental impact statement (EIS). No EIS has been provided thus far, either by the developer Gotion, nor by its economic development partners The Right Place and the Michigan Economic Development Corporation (MEDC).”

The organization goes on to say that in June of this year, the EPA’s Cindy Barger, Director of NEPA compliance, stated in an email to EDRA of MI advocate Brandi Sweet: “It appears there may not be federal agency that is involved in approval of this facility that would require compliance with NEPA.” Yet in the same email Ms. Barger also said “EPA has also delegated to State of Michigan the responsibilities for implementing the National Pollutant Discharge Elimination System (which is under the Clean Water Act) permitting program and the Air quality permitting program (NEPA).”

While EDRA says that it’s true that the EPA has “delegated” management of the (federal) NPDES and NEPA permitting programs to EGLE, it’s also true that by law, the EPA maintains regulatory and review oversight – i.e. federal jurisdiction.

EDRA says that according to the American Bar Association: “Development projects that constitute major federal action, as defined by law, including those that use federal land, federal tax dollars, or are under federal agency jurisdiction, are required to assess the impact of a proposed project on the physical, cultural, and human environments affected by the proposed project.”

EPA, EGLE, Gotion, and proponents of Gotion have pointed out that although Gotion is receiving a cumulative $715 million in state funding for their project, they are receiving no federal funding. However, EDRA says that the proposed EV Megasite DOES qualify for federal agency jurisdiction under a number of other criteria including the The Clean Water Act’s NPDES, which regulates permitting of wastewater discharge for large industrial facilities, including battery component manufacturing; The Clean Air Act’s NEPA, which regulates permitting of airborne contaminants; and Section 404 of the Clean Water Act, which regulates permitting of development on wetlands and
streams. Additionally, according to EDRA, Gotion’s project matches EGLE’S definition of a “Red File Project” including discharges on one or more acres of wetland and the potential to affect endangered or threatened species. EDRA says that Red File Development projects “require concurrent review by agencies including US Fish and Wildlife Service and the US Army Corps of Engineers. Under Section 404, the EPA holds the ultimate authority on whether or not EGLE may issue a permit.”

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EDRA goes on to say, “The net result of the EPA’s “delegating to the State of Michigan the responsibilities for implementing” federal water and air quality permits on projects like Gotion, Ford Blue Oval, MMIC, and others, is that the EIS requirement is being unenforced for these sites. In light of the vast water consumption and pollutants which will inevitably be produced by these Megasites, representatives of EDRA of MI reached out to EPA Region 5 offices to ask if the EPA could explain its rationale for removing the requirement for EIS on these sites. There was no response.”

EDRA contends that Gotion’s proposed timelines for groundbreaking have ignored clear legal requirements. They also say that in October of 2022 Gotion’s own consulting firm, Barr Engineering, delineated over 60 acres of wetlands within the reviewed 257 acres, the majority of which are protected under Part 303 of the State’s Wetlands Protection, under the National Resources and Environmental Protection Act (NREPA). EDRA says that Gotion’s proposed site also qualifies under Part 303 due to its proximity to the historic cold water transitional stream, Dalziel Creek, a near tributary to the Muskegon River. EDRA also says that EGLE’s dredge and ll permits for Part 303 areas explicitly require permits to be issued before activity can begin, by state law. Gotion has yet to submit any permit applications.

According to EDRA, local residents have been reaching out to the EPA’s Environmental Justice department for assistance ensuring a legal permitting process is followed. The EPA defines environmental justice as: “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” Mecosta County’s low income rate has been touted by legislators as justification for approving Gotion’s state SOAR funding. Yet the EPA’s EJ staff have yet to return Mecosta County residents’ calls and emails.

EDRA is asking how Gotion can justify the breakneck construction timeline, given the legal requirements the environmental permitting process the site requires. They say that this is a question Gotion, the MEDC, EGLE, and the EPA have not answered.

Michigan News Source reached out to Gotion Inc. Vice President of Manufacturing Chuck Thelen to ask the same question, but he did not return our request for comment.