BY LYMAN C. WELCH
February 17, 2008 04:00 am Michigan's draft report on state-impaired waters fails to document a dramatic increase in algae blooms in Saginaw Bay and along western Lake Erie, despite the odor problems and health risks to beachgoers. At the same time, the report does little to warn the public about numerous new waterways found contaminated with dioxin, mercury and infectious bacteria since Michigan's last report to federal officials in 2006. Michigan must take action now to stop algae from fouling state beaches along Saginaw Bay and western Lake Erie. States must update their lists of impaired waters every two years and submit them to the U.S. Environmental Protection Agency to comply with the federal Clean Water Act. The act further requires that states develop "Total Maximum Daily Load" plans for improving water quality in waters that fall short of the standards. The Michigan Department of Environmental Quality's failure to document the algae bloom problems means the state wouldn't be required to address them, despite the foul odors and unsafe bacteria levels at affected beaches. The state must set stringent nutrient budgets and phosphorus limits to control algae growth, and include these water bodies on the state's list of impaired waters so these serious problems get the attention they deserve. Michigan's assessment methods underwent extensive revision when the agency transferred records from its database into the EPA's database. The new report bases the determination of a waterway's impairment for recreational uses -- such as wading and swimming -- solely on the presence of untreated sewage and E. coli bacteria. Michigan must go beyond those two factors and include damages to recreational uses that are caused by algae-infested waters and shores, such as murky and foul-smelling waters. Michigan's impaired water designations must be made more accessible to the public. The state's draft 2008 report shows many new water bodies contaminated with dioxin, pathogens and mercury since its report of two years ago. Yet the current report fails to name the contaminated lakes, rivers and streams by name -- instead identifying individual water bodies by a 14-digit hydrological code. This creates a barrier in the public's ability to understand the location and nature of impairments in Michigan's waters. Michigan should produce an easily viewed map graphically showing impaired water features and include the common name of the listed rivers, lakes and streams. The Alliance is inviting other state and local groups to sign onto its comment letter, which must be submitted by the MDEQ's Feb. 25 deadline for written comments. About the author: Lyman C. Welch is program manager of the Alliance for the Great Lakes' (formerly the Lake Michigan Federation) Water Quality Department. He is an attorney who formerly served as associate director and general counsel of the Mid-Atlantic Environmental Law Center at Widener University Law School in Wilmington, Del. He grew up in the Chicago area. About the forum: The forum is a periodic column of opinion written by Record-Eagle readers in their areas of interest or expertise. Submissions of 500 words or less may be made by e-mailing letters@record-eagle.com. Please include biographical information and a photo.
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