UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CH ICAGO, IL 60604-3590 FEB 2 5 2013 REPLY TO THE ATTENTION OF Ms. Lynelle Marolf Deputy Director, Office of the Great Lakes Michigan Department of Environmental Quality 525 West Allegan P.O. Box 30273 Lansing, Michigan 48909-7773 Dear Lynelle: Thank you for your December 3, 2012 request to remove the "Restrictions on Fish and Wildlife Consumption" Beneficial Use Impairment (BUI) at the Muskegon Lake Area of Concern (AOC) in Michigan. As you know, we share your desire to restore all of the Great Lakes AOCs and to formally delist them. Based upon a review of your submittal and the supporting data, the U.S. Environmental Protection Agency hereby approves.your BUI removal request at the Muskegon Lake AOC. In addition, EPA will notify the International Joint Commission of tllis significant positive environmental change at tills AOC. We congratulate you and your staff, as well as the many federal, state, and local partners who have worked so hard and been instrumental in achieving this important envirmm1ental improvement. This progress will benefit not only the people who live and work in the Muskegon Lake AOC but all the residents of Michigan and the Great Lakes basin as well. We look forward to the continuation of this impmtant and productive relationship with your agency and local coordinating committees as we work together to fully restore all of Michigan's AOCs. If you have any further questions, please contact me at (312) 353-4891, or your staff may contact John Perrecone, at (312) 353-1149. Sincerely, c=d2· Chris Korleski, Director Great Lakes National Program Office Re cycled/Recyclable • Pnnted with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer) cc: Dan Wyant, Director, MDEQ Jon W. Allan, MDEQ, Office of Great Lakes Rick Hobrla, MDEQ, Office of Great Lakes Stephanie Swart, MDEQ, Office of Great Lakes Dr. Saad Jasim, IJC Cynthia Price, Muskegon Lake Watershed Partnership Wendy Carney, EPA, GLNPO Marc Tuchman, EPA, GLNPO UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REG ION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590 FEB 2 5 2013 REPLY TO THE ATTENTION OF Ms. Lynelle Marolf Deputy Director, Office of the Great Lakes Michigan Department of Environmental Quality 525 West Allegan P.O. Box 30273 Lansing, Michigan 48909-7773 Dear Lynelle: Thank you for your December 3, 2012 request to remove the "Restrictions on Fish and Wildlife Consumption" Beneficial Use Impairment (BUI) at the White Lake Area of Concern (AOC) in Michigan. As you know, we share your desire to restore all of the Great Lakes AOCs and to formally delist them. Based upon a review of your submittal and the supporting data, the U.S. Envirorunental Protection Agency hereby approves your BUI removal request at the White Lake AOC. In addition, EPA will notifY the International Joint Commission of this significant positive envir01m1ental change at this AOC. We congratulate you and your staff, as well as the many federal, state, and local partners who have worked so hard and been instmmental in achieving this important envirorunental improvement. This progress will benefit not only the people who live and work in the White Lake AOC but all the residents of Michigan and the Great Lakes basin as well. We look forward to the continuation of this important and productive relationship with your agency and local coordinating committees as we work together to fully restore all of Michigan's AOCs. If you have any further questions, please contact me at (312) 353-4891, or your staff may contact John Penecone, at (312) 353-1149. Sincerely, Chris Korleski, Director Great Lakes National Program Office Recycled/Recyclable • Printed w1th Vegetable Oil Based Inks on 100% Recycled Paper (50% Postconsumer) cc: Dan Wyant, Director, MDEQ Jon W. Allan, MDEQ, Office of Great Lakes Rick Hobrla, MDEQ, Office of Great Lakes John Riley, MDEQ, Office of Great Lakes Dr. Saad Jasim, IJC Jeff Auch, White Lake Public Advisory Council Wendy Carney, EPA, GLNPO Jolm Perrecone, EPA, GLNPO STATE OF MICHIGAN OFFICE OF THE GREAT LAKES LANSING RICK SNYDER JON W.ALLAN GOVERNOR DIRECTOR December 3, 2012 Mr. Chris Korleski, Director Great Lakes National Program Office United States Environmental Protection Agency Region 5 77 West Jackson Boulevard (G-17J) Chicago, Illinois 60604-3507 Dear M~~ski: The pur{ose of this letter is to request the United States Environmental Protection Agency (USEPA), Great Lakes National Program Office's (GLNPO) concurrence with the removal of the Restrictions on Fish and Wildlife Consumption Beneficial Use Impairment (BUI) for the Muskegon Lake and White Lake Areas of Concern (AOCs). The Michigan Department of Environmental Quality (MDEQ) has assessed the status of this BUI in accordance with the state's Guidance for Oe/isling Michigan's Great Lakes Areas of Concern and recommends that the BUI be removed from the list of impairments in the Muskegon Lake and White Lake AOCs. Enclosed please find documentation to support this recommendation, including the BUI Removal Recommendation prepared by the MDEQ's technical staff. The Muskegon Lake Watershed Partnership and White Lake Public Advisory Council submitted letters of support for the removal recommendation on July 24, 2012, and June 15, 2012, respectively. We value our continuing partnership in the AOC Program and look forward to working with the GLNPO, on the removal of BUis, and the delisting of AOCs. If you need further information concerning this request for Muskegon Lake AOC, please contact Ms. Stephanie Swart, Office of the Great Lakes at 517-335-6721 or [email protected]. For White Lake AOC, please contact Mr. John Riley, Office of the Great Lakes at 517-335-4122 or [email protected], or you may contact me. q;;~u Lynelle Marolf Deputy Director 517-335-4056 Enclosures cc/enc: Mr. Mark Tuchman, US EPA Mr. John Perrecone, USEPA Mr. Jon W. Allan, MDEQ Mr. Richard Hobrla, MDEQ Mr. John Riley, MDEQ vMs. Stephanie Swart, MDEQ CONSTITUTION HALL • 525 WEST ALLEGAN STREET • P.O. BOX 30473 • LANSING, MICHIGAN 489094 7973 www.michigan.gov/deq • (800) 662-9278 Removal Recommendation Restrictions on Fish and Wildlife Consumption Beneficial Use Impairment Muskegon Lake and White Lake Areas of Concern Issue The Michigan Department of Environmental Quality (MDEQ), Office of the Great Lakes, Areas of Concern (AOC) program requests concurrence with this recommendation to remove the Restrictions on Fish and Wildlife Consumption Beneficial Use Impairment (BUI) in 1) the Muskegon Lake AOC, and 2) the White Lake AOC. This recommendation is made with the support of staff from the MDEQ Water Resources Division, Grand Valley State University Annis Water Resources Institute, the Michigan Department of Community Health (MDCH), the Muskegon Lake Watershed Partnership (MLWP), and the White Lake Public Advisory Council (PAC). This request is made in accordance with the process and criteria set forth in the Guidance for Delisting Michigan's Great Lakes Areas of Concern (Guidance ) (MDEQ, 2008), as well as the local criteria developed by the White Lake PAC (WLPAC, 2008). Background Muskegon Lake AOC Muskegon Lake is a 4,150 acre drowned river mouth located in Muskegon County. The Muskegon Lake AOC includes Muskegon Lake and portions of its tributaries: the Muskegon River, Ruddiman Creek, Ryerson Creek, Green Creek, Four Mile Creek, Little Bear Creek (including the unnamed tributary), and Bear Lake. Muskegon Lake was listed as an AOC primarily due to historic discharges of industrial process wastewater, municipal wastewater treatment plant effluent, combined storm sewer overflows, alterations of shoreline, excessive shoreline filling, and urban runoff. According to the original 1987 Remedial Action Plan (RAP), contamination mainly due to mercury and polychlorinated biphenyls (PCBs) resulted in the MDCH issuing fish consumption advisories for various sizes of carp and walleye (Michigan Department of Natural Resources [MDNR]). Eight BUIs remain for the Muskegon Lake AOC: Loss of Fish and Wildlife Habitat; Degradation of Fish and Wildlife Populations; Degradation of Aesthetics; Restrictions on Drinking Water Consumption or Taste and Odor Problems; Restrictions on Fish and Wildlife Consumption; Beach Closings; Eutrophication or Undesirable Algae; and Degradation of Benthos. White Lake AOC White Lake is a 2,568.8 acre drowned river mouth lake also located in Muskegon County. The lake was listed as an AOC in 1987 because of severe environmental impairments related to the historic discharge of municipal and industrial wastes. The 1987 RAP indicates that contamination due to non-point source runoff and the discharge of municipal and industrial wastes resulted in the elevated PCBs and chlordane levels found in carp (MDNR, 1987). Chlordane was discontinued for use as a pesticide in 1980, and no source of the compound was found in White Lake, so it is no longer a part of ongoing monitoring. Five BUIs remain associated with the White Lake AOC: Loss of Fish and Wildlife Habitat; Degradation of Fish and Wildlife Populations; Degradation of Aesthetics; Restrictions on Drinking Water Consumption or Taste and Odor Problems; and Restrictions on Fish and Wildlife Consumption. Removal Criteria The Guidance has three tiers for the Restrictions on Fish and Wildlife Consumption BUI, the second of which applies to the Muskegon Lake and White Lake AOCs. This BUI is considered restored when: Removal Recommendation Muskegon Lake AOC and White Lake AOC - Restrictions on Fish and Wildlife Consumption BUI Page 2 1. The fish consumption advisories in the AOC are the same or less restrictive than the associated Great Lake or appropriate control site. OR, if the advisory in the AOC is more stringent than the associated Great Lake or control site: 2. A comparison study of fish tissue contaminant levels demonstrates that there is no statistically significant difference in fish tissue concentrations of contaminants causing fish consumption advisories in the AOC compared to a control site.