A Saginaw River/Bay Area of Concern Challenge - Assessing the Eutrophication or Undesirable Algae Beneficial Use Impairment Michelle Selzer Lake

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1 A Saginaw River/Bay Area of Concern Challenge - Assessing the Eutrophication or Undesirable Algae Beneficial Use Impairment Michelle Selzer Lake Coordinator 26 June Science-Policy Conference Northwestern University, Chicago, IL Public Sector Consultants, 2012

2 Saginaw Bay Watershed Info Home to ~1.4 million people ~15% of Michigan land area (22 of 83 Counties) Diverse Land Use Agriculture 45% Forest 21.7% Low Density Residential 10.2% Grass/Pasture 5.9% High Density Residential 1.1% Commercial 0.4% Rathbun, 2012

3 Michigan s Great Lakes Areas of Concern (AOC) Program Funded by U.S. EPA Great Lakes National Program Office & administered by the Michigan Office of the Great Lakes Michigan has 14 AOC sites, each possessing a number of Beneficial Use Impairments Each site has a staff coordinator who addresses restoration with the site-specific Public Advisory Council, comprised of local stakeholders A non-regulatory program (policy focused) that relies on other federal, state, and local programs to complete remedial actions to address sources and conduct assessments 14 Possible Beneficial Use Impairments Restrictions on fish & wildlife consumption Tainting of fish & wildlife flavor Fish tumors or other deformities Bird or animal deformities or reproductive problems Degradation of benthos Restrictions on dredging activities Eutrophication or undesirable algae Restrictions on drinking water consumption or taste & odor problems Beach closings Degradation of aesthetics Added costs to agriculture or industry Degradation of phyto- or zooplankton populations Degradation of fish & wildlife populations Loss of fish & wildlife habitat

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5 Saginaw River/Bay AOC Beneficial Use Impairments & Water Quality Causes/Impacts Public Sector Consultants, 2012

6 Restoration Implementation Policies & Regulations 1970s 1970 Clean Air Act Extended 1970 Environmental Protection Agency Established 1970 Michigan Environmental Protection Act 1970 Michigan Shoreland Protection and Management Act 1970 Michigan Natural Rivers Act 1971 PCB Source Control Program instituted by the state of Michigan 1971 Michigan Phosphate Control Law 1972 Michigan Inland Lakes and Streams Act 1972 Michigan Soil Erosion and Sedimentation Act 1972 Michigan Wilderness and Natural Areas Act 1972 DDT use banned in the United States 1972 Federal Water Pollution Control Act Amendments (Clean Water Act) 1972 Federal Insecticide, Fungicide, and Rodenticide Act 1972 Great Lakes Water Quality Agreement between the US & Canada 1972 Coastal Zone Management Act 1973 Michigan s Act 245 Promulgation of Water Quality Standards Part Endangered Species Act 1974 Safe Drinking Water Act 1974 Michigan Farmland and Open Space Preservation Act 1974 Michigan Endangered Species Act 1976 Resource Conservation and Recovery Act (RCRA) 1976 Toxic Substances Control Act 1976 Michigan Sand Dune Protection and Management Act 1976 Michigan Pesticide Control Act 1976 Michigan Land Trust Fund Act 1977 Michigan Ban on Phosphate Detergents 1977 Clean Water Act Amended Federal Water Pollution Control Act of Great Lakes Water Quality Agreement Revised 1978 Michigan Solid Waste Management Act 1979 Michigan Wetlands Protection Act 1979 PCB Manufacturing Banned by EPA 1979 Michigan Hazardous Waste Management Act 1980s 1980 Fish and Wildlife Conservation Act 1980 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 1981 A Joint Strategic Plan of Management of Great Lakes Fisheries 1982 Michigan Environmental Response Act 1983 Michigan Nongame Wildlife Fund Act 1985 Phosphorus reduction strategy developed by Michigan for the Saginaw Bay 1985 Great Lakes Charter 1985 Michigan Great Lakes Protection Act 1986 Safe Drinking Water Act Amendments 1986 Superfund Amendments and Reauthorization Act (SARA) 1986 Clean Michigan Fund Act 1987 Water Quality Act Amended FWPCA of Great Lakes Water Quality Agreement between US & Canada 1987 Michigan Waste Reduction Act 1987 Michigan Hazardous Waste Act Reduction Amendments 1988 Michigan Environmental Protection Bond Authorization Act 1988 Michigan Recreation Bond Authorization Act 1988 Michigan Clean Water Assistance Act 1989 Michigan Wildlife Conservation Act 1989 Michigan Sand Dune Conservation Act 1990s 1990 Clean Air Act Amendments 1994 Michigan Natural Resources and Environmental Protection Act, 1994 PA Safe Drinking Water Act Amended 1998 Clean Michigan Initiative 2000s 2001 Annex to the Great Lakes Compact 2002 Great Lakes Legacy Act 2005 Great Lakes Saint Lawrence River Basin Water Resource Agreement 2008 Great Lakes Saint Lawrence River Basin Water Resource Compact signed into federal law 2010s 2010 Great Lakes Restoration Initiative 2012 Michigan Ban on Phosphorus-containing lawn fertilizer takes effect Kenyon Public Sector Consultants, 2012

7 Key Studies & Reports on the Saginaw River/Bay AOC 1988: RAP for Saginaw River & Bay AOC. 1994: Saginaw River/Bay RAP: Draft 1995 Biennial Report. 2000: Measures of Success: Addressing Environmental Impairments in the Saginaw River & Saginaw Bay. 2002: Targeting Environmental Restoration in the Saginaw River/Bay AOC: 2001Update & 2008: Guidance for Delisting Michigan s Great Lakes AOCs. 2008: Saginaw River/Bay AOC RAP Update. 2008: Saginaw River/Bay AOC Habitat Restoration Plan. 2009: Methodology Report for Prioritizing Saginaw Bay Wetlands. 2010: Saginaw River Bay Area of Concern RAP Update. 2010: Saginaw River/Bay AOC Habitat Restoration Plan Update and Target Review. 2011: An Assessment and Status Report of Beach Closings in the Saginaw River/Bay AOC. 2011: An Assessment and Status Report of the Eutrophication or Undesirable Algae in the Saginaw River/Bay AOC. 2012: Stage 2 RAP for the Saginaw River/Bay AOC.

8 Eutrophication or Undesirable Algae Beneficial Use Impairment Restoration Criterion 2000 Public Advisory Council Criterion: The average concentration of total phosphorus is 15 µ/l or less, in accordance with the Great Lakes Water Quality Agreement Statewide Criterion: This BUI will be considered restored when no waterbodies within the AOC are included on the list of impaired waters due to nutrients or excessive algal growths in the most recent Clean Water Act Water Quality and Pollution Control in Michigan: Section 303(d) and 305(b) Integrated Report, which is submitted to U.S. EPA every two years. The Public Advisory Council has adopted the statewide criteria

9 Integrated Report - Michigan s Designated Use Categories Designated Uses - Promulgated Michigan water quality rules ( Natural Resources and Environmental Protection Act, Act 451 of 1994) establish that all Michigan waters are designated and protected for the following eight uses: Agriculture Navigation Industrial water supply Warmwater fishery Other indigenous aquatic life and wildlife Partial body contact Fish consumption Total body contact from May 1 to October 31

10 Michigan s Designated Use Support Determination Based on assessment methodology, a use support determination is assigned for each designated use for a particular waterbody listed in the Integrated Report. There are four possible support determinations: Not Assessed not assessed by gov t agency Fully Supporting - meets Water Quality Standards (WQS) for the designated use Insufficient Information - not enough information to determine whether or not WQS have been met for the designated use Not Supporting - does not meet WQS for the designated use

11 How Eutrophication or Undesirable Algae are Assessed in Michigan The narrative rule states: nutrients shall be limited to prevent stimulation of growths of aquatic plants, fungi or bacteria which are or may become injurious to the designated uses of the surface waters of the state Biologists use assessment methodologies to determine whether a designated use for a waterbody is meeting WQS for that particular use Currently, only the Other Indigenous Life designated use addresses nutrient concentrations and biological indicators such as nuisance levels algae, bacteria, etc. in the water column

12 Status Assessment of the Eutrophication or Undesirable Algae Beneficial Use Impairment status assessment conducted by the Public Advisory Council (Partnership for the Saginaw Bay Watershed) A 10-member technical team was formed The intent to clarify the status of the Eutrophication BUI based on the statewide restoration criteria Review the 2010 Integrated Report 303(d) listings for waterbodies adjacent to the river and bay, including a buffer area Used Geographic Information Systems to visually identify sampling locations and their impairment status relative to the current restoration criteria

13 Assessment Results Of 79 locations monitored for designated uses in the watershed by the Department of Environmental Quality (DEQ): 9 Fully Supporting 13 Insufficient Information 45 Not Assessed 0 Not Supporting because of nutrient concentrations 12 Not Supporting because of something else (e.g., mercury in the water column Total Maximum Daily Load may be required) Saginaw Bay listed as Insufficient Information to make a use determination for the Other Indigenous Life designated use Category 4b the waterbody is being address under an alternative plan to a Total Maximum Daily Load

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15 In Summary It s Complicated! Saginaw River/Bay is a complex, dynamic & productive system, and so is the policy/science interface in the AOC! No Michigan numeric nutrient criteria to assess Saginaw Bay 2006 Legislature withdrew DEQ rulemaking authority to update Water Quality Standards, thus a narrative approach is used 2013 Nutrient Framework to Reduce Phosphorus and Nitrogen Pollution on the DEQ website Biologists use the Other Indigenous Life designated use to list waterbodies in the Integrated Report as Not Supporting due to nutrients or algae in the water column More information/data is needed to list waterbodies in the watershed and the bay as impaired for Other Indigenous Life AOC Program is considering revising the restoration criteria Tiered approach Integrated Report and specific monitoring

16 Michelle Selzer Lake Coordinator ; John Riley Saginaw River/Bay Area of Concern Coordinator ; Kevin Goodwin Aquatic Biologist, Water Resources Division ; Sunset at Caseville, Saginaw Bay larrythebiker