Officials from New York and Illinois, the two Great Lakes states that did not compete for the plant, questioned aspects of the deal during the proposal’s comment period, which concluded earlier this month.
A letter from New York’s Department of Environmental Conservation quoted the compact’s requirement that water diverted to nearby communities largely serve residential customers.
“Here, it is unclear that the proposed diversion is largely for residential customers,” the letter said. “The water is intended to facilitate the construction and operation of the future industrial site.”
New York also questioned whether Wisconsin could unilaterally approve the deal, saying the compact’s general prohibition of new diversions “favors and potentially mandates” review by the other states bordering the lakes.
A letter from the Illinois Attorney General’s Office said the utilities involved in the project haven’t made clear how they would treat wastewater from the Foxconn plant before ultimately releasing it back into Lake Michigan. They argue that Racine should not be able to exceed the amounts defined in its current permit for returning wastewater to the lake.