Material Application Approvals for Water Resources Management Projects (Rule 97 Certifications)

All projects involving the application of materials to waters of the state for water resource management purposes must obtain an approval from the Water Resources Division (WRD), Department of Environment, Great Lakes, and Energy (EGLE). These projects (excluding aquatic nuisance control treatments, which are covered in a different section of this website) can include: sea lamprey control treatments with TFM and Bayer 73; fish reclamation projects using piscicides (e.g., rotenone) by state agencies, local organizations, and private individuals; blackfly and mosquito control treatments using Bti bacteria and other larvicides; mixing zone mapping and time of passage studies using tracer dyes and reaeration gases; discharge point location studies using tracer dyes; water intake treatment with biocides to control zebra mussels; and ice painting using colored dyes.

A. NAME OF PERMIT OR APPROVAL:  

Rule 97 Certification of Approval

B. STATUTORY AUTHORITY:

Part 31, Water Resources Protection, Natural Resources Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:  

Michigan Administrative Code: Rules Administered by EGLE, WRD   

Part 4, Water Quality Standards (R 323.1041 - 323.1117) (See Rule 323.1097 - Rule 97)

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

1.  Applicability

Projects requiring the addition of a material to a water of the state for the purpose of water resource management projects require departmental approval. Common projects include:

• Sea lamprey control treatments with TFM and Bayer 73.

• Fish reclamation projects using piscicides (e.g. rotenone) by state agencies, local organizations, and private individuals.

• Blackfly and mosquito control treatments using Bti bacteria and other larvicides.

• Mixing zone mapping and time of passage studies using tracer dyes and reaeration gases.

• Discharge point location studies using tracer dyes.

• Water intake treatment with biocides to control zebra mussels.

• Ice painting using colored dyes.

2.  Pre-Application Requirements   

Any entity involved in implementing a water resource management project requiring the addition of a material to waters of the state must apply for approval.

3.  Application Submission Requirements   

Requests by private individuals for the use of fish toxicants should use an application form (EQP 5861) provided by the WRD. In addition, requests for approval to treat surface waters for mosquito control should be through the use of application () provided by WRD, the same section. All other requests should be submitted in the form of a letter, and should provide the following information:

• Description and purpose of the proposed water resource management project. A copy of any relevant Standard Operating Procedures should be provided, if applicable.

• Name of the water body or bodies potentially affected by the proposed project.

• Geographic location(s) of the specific stream segment(s) or lake/wetland area(s) potentially affected by the proposed project. Township/Range/Section data should be included to identify the affected site(s) location.

• Name of the material(s) to be applied to the surface water. All chemical ingredients in any trade name formulations should be listed with respective chemical abstract service (CAS) numbers. A Material Safety Data Sheet for the product should also be included.

• Specific time period when the project will occur. It is acceptable for a single request to cover multiple material applications scheduled over an extended time period (e.g., rotenone treatments of several waterbodies planned during 1994-1997).

• Total load(s) and dosage concentration(s) of the material(s) to be applied to the surface water.

• A description of any detoxification and fish collection/disposal procedures to be employed for fish reclamation projects.

• As related to dye studies, the use of a dye that has already been evaluated by the WRD (listed below) will accelerate the approval process.

4.  Procedures and Time-Frame for Obtaining Permit or Approval   

• Requests for projects involving the application of tracer dyes or reaeration gases should be submitted directly to the appropriate WRD district supervisor. All other project requests should be submitted to the manager of the Surface Water Assessment Section of the WRD.

• If a request does not contain sufficient information for review, then WRD staff will contact the applicant and request additional information.

• Once the application is complete, staff of the WRD reviews the request from a surface water protection perspective; this review includes an investigation of the toxicological and environmental fate characteristics of the material(s). Staff also coordinates the review within EGLE and with the Michigan Department of Natural Resources, when appropriate, to protect endangered or threatened species, the fish community, and public water supply intakes.

• After evaluating the above information, the manager of the Surface Water Assessment Section or WRD district supervisor, in the case of site specific tracer dye studies or reaeration gas applications, will issue a Certification of Approval or Denial, which will be transmitted to the applicant.

• The WRD will then post the approvals and denials in the WRD bulletin under the heading "Notices of Actions Taken." The processing timeframes for completion of the process are project-specific and vary.

5.  Operational Requirements   

The WRD will establish conditions in the certification which will be project specific. These conditions can include notification requirements and direct that the project be in conformance with existing label restrictions and procedures.

6.  Fees   

There are no fees for obtaining the approval.

7.  Appeal Process   

The Certifications are issued under Part 31 of NREPA; they may be appealed as provided by law.

8.  Public Input Opportunities   

The decision makers in this process are the Manager of the Surface Water Assessment Section of WRD and the WRD district supervisors. The Water Resources Division posts the approvals and denials in the Surface Water Bulletin under "Notice of Actions Taken." Public input opportunities are project specific and would best be directed to the entity or public agency undertaking the project. However, comments and complaints related to these studies can be directed to the WRD district office at any time.

E. ADMINISTERING AGENCY:

EGLE, Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909-7958

• Program Phone: 517-284-5523

• Program Webpage: https://www.michigan.gov/egle/0,9429,7-135-3306_28610---,00.html   

• Environmental  Assistance Center: 1-800-662-9278, e-mail: egle-assist@michigan.gov

Revision Date: December 2019