AGENCY REPORT TO THE  
JOINT COMMITTEE ON ADMINISTRATIVE RULES (JCAR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority  
to promulgate the rules must complete and submit this form electronically to the Michigan Office of  
Administrative Hearings and Rules (MOAHR) at MOAHR-Rules@michigan.gov.  
1. Agency Information:  
Agency name: Michigan Department of Environment, Great Lakes, and Energy (EGLE)  
Division/Bureau/Office: Oil, Gas, and Minerals Division (OGMD)  
Name, title, phone number, and e-mail of person completing this form: Mark Snow, Manager,  
Permitting and Technical  
Services Section, EGLE-  
OGMD.  
517-230-8233  
SnowM@Michigan.gov  
Name of Departmental Regulatory Affairs Officer reviewing this form: David Fiedler  
2. Rule Set Information:  
MOAHR assigned rule set number: 2019-001 EG  
Title of proposed rule set: Oil and Gas Operations  
3. Purpose for the proposed rules and background:  
EGLE is in the process of applying for primacy from the United States Environmental Protection  
Agency (U.S. EPA) to implement the Class II Underground Injection Control Program. This  
requires EGLE to demonstrate that the State of Michigan has an equally effective program for the  
protection of underground sources of drinking water (USDWs) compared to federal standards in  
accordance with Section 1425 of the Safe Drinking Water Act. Definitions, in particular, are  
important for demonstrating the State of Michigan program is protecting the same USDWs and that  
USDWs are unequivocally protected from endangerment. EGLE regulates Class II injection wells  
under Part 615, Supervisor of Wells, of the Natural Resources and Environmental Protection Act,  
1994 PA 451, as amended, and the Oil and Gas Operations rules that are promulgated under Part  
615. A USDW is described in current state rules as fresh water or mineral water that is either used  
for drinking water or that can potentially be used for drinking water and has fewer than 10,000  
milligrams per liter total dissolved solids.  
The U.S. EPA has expressed concern regarding the definition of “fresh water” and “mineral water”  
in Michigan regulations, as well as whether the statutory authority to prevent “waste” is adequate to  
protect USDWs. These rule revisions address those concerns.  
4. Summary of proposed rules:  
The current R 324.102(s) defines "fresh water" as “water that is free of contamination in  
concentrations that may cause disease or harmful physiological effects and is safe for human  
consumption.” The proposed revised rules would define fresh water as “water that contains less  
than 1,000 milligrams per liter of total dissolved solids.” This change makes it clear that Michigan  
will protect water from damage related to injection wells even if the water may already be  
contaminated from other sources. The term “mineral water” is refenced in Part 615 but is not  
defined in statute or rules. The proposed revision to R 324.102(z) defines "mineral water" as water  
that contains 1,000 milligrams per liter or more of total dissolved solids. These two definitions are  
designed to satisfy the U.S. EPA concern that EGLE must have authority to protect all USDWs.  
Revised: May 29, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 2  
Michigan Office of Administrative Hearings and Rules  
611 West Ottawa Street; 2nd Floor, Ottawa Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
The revised R 324.403 requires that water that is used to drill water wells associated with oil and gas  
exploration must be fresh water that is “free of contamination in concentrations that may cause  
disease or harmful physiological effects” (because that criterion will be removed from the definition  
of “fresh water”) in order to protect drinking water sources from contamination from the drilling  
process. The revised R 324.405 applies that criterion to water used for drilling oil and gas wells  
through fresh water horizons, for the same reason.  
The revised R 324.801(v) states that “waste” as defined in Part 615 includes “endangerment to an  
underground source of drinking water.” That provision clarifies that EGLE has the requisite  
authority to protect USDWs under its statutory mandate to “prevent waste.” The U.S. EPA and  
EGLE is concerned that the existing definition of “endangerment to an underground source of  
drinking water” may imply that endangerment exists only after there is contamination of an  
underground source of drinking water. EGLE proposes to revise the definition R 324.801(j), to  
ensure the term is clear that “endangerment to an underground source of drinking water” protects  
against contaminants that may result from injection operations.  
5. List names of newspapers in which the notice of public hearing was published and publication  
dates (attach copies of affidavits from each newspaper as proof of publication).  
Lansing State Journal – May 2, 2019  
Gaylord Herald Times – May 3, 2019  
Marquette Mining Journal – May 3, 2019  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
May 15, 2019  
7. Time, date, location, and duration of public hearing:  
1pm, June 21, 2019, Constitution Hall, 525 W. Allegan St., Lansing, Michigan, 1-4pm (3 hours).  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://dtmb.state.mi.us/ORRDocs/RIS/1889_2019-001EQ_ris.pdf  
9. List of the name and title of agency representative(s) attending public hearing:  
Adam Wygant, Division Director, EGLE-OGMD  
David Fiedler, Regulatory Affairs Officer, EGLE  
Susan Bishop, OGMD Administrative Assistant, OGMD  
Larry Organek, Engineer, EGLE-OGMD  
Mark Snow, Manager, Permitting and Technical Services Section, EGLE-OGMD  
10. Persons submitting comments of support:  
Mike Cornelius, Michigan Oil and Gas Association  
Erin McDonough, Michigan Oil and Gas Association  
Heather Dziedzic, Consumers Energy  
11. Persons submitting comments of opposition:  
None.  
Revised: May 29, 2019  
MCL 24.242 and 24.245  
Agency Report to JCAR – Page 3  
Michigan Office of Administrative Hearings and Rules  
611 West Ottawa Street; 2nd Floor, Ottawa Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
12. Identify any changes made to the proposed rules based on comments received during the public comment period:  
Name & Organization  
Comments  
Made at  
Public  
Written Comments  
Agency Rationale for  
Change  
Rule Number &  
Citation  
Changed  
Hearing  
1.  
2.  
Erin McDonough and Mike Cornelius.  
Michigan Oil and Gas Association.  
In support. No  
recommended  
changes.  
In support. No recommended changes. Please No changes.  
see attachment.  
N/A.  
Heather Dziedzic, Consumers Energy  
In support.  
N/A.  
Written comment from Consumers Energy  
were received on July 11, 2019 (one week  
Because comments were  
submitted after the close of the  
after the comment period expired). Please see comment period, no changes  
attachment. This comment took issue with the to the rules can follow.  
proposed definition of “Mineral Water” in  
that there is no upper limit on the milligram  
per liter of total dissolved solids within the  
definition.  
Moreover, based upon the  
comments submitted, no  
changes to the rule were  
deemed necessary. In placing  
an upper limit on the “Mineral  
Water” definition there is no  
impact to the overall  
protection of underground  
sources of drinking water.  
Lastly, produced waters  
associated with oil and gas  
activity, regardless of the total  
dissolved solid content, and  
whether those fluids are  
considered mineral waters,  
brine, or both, will be allowed  
to be disposed of in Class II  
wells.  
13. Date report completed:  
July 15, 2019  
Revised: May 29, 2019  
MCL 24.242 and 24.245  
June 21, 2019  
Director Adam Wygant  
Oil, Gas, and Minerals Division  
Michigan Department of Environmental, Great Lakes, and Energy  
525 West Allegan Street  
Lansing, Michigan 48909-7756  
RE: Oil and Gas Operations 2019-001 EG Rule Set  
Dear Director Wygant:  
The Michigan Oil and Gas Association, on behalf of its nearly 850 members, supports the  
Oil and Gas Operations 2019-001 EG proposed rule set.  
Michigan’s home state oil and gas production provides safe, affordable and reliable  
energy that keeps homes and families warm and safe, and fuels industry and business. In  
addition, our industry contributes to approximately 47,000 jobs and a $13 billion economic  
impact in Michigan.  
This rules package will ensure that the State of Michigan has an equally effective  
program for protecting underground sources of drinking water (USDW’s) compared to federal  
standards by expanding and strengthening the definition of USDW’s. Under the new rule set,  
fresh water is defined as water contains less than 1000 milligrams per liter of total dissolved  
solids. While mineral water is defined as water that contains 1000 milligrams per liter or more of  
total dissolved solids. These definition changes provide protection for additional sources of  
water, beyond what was previously defined in rules as “fresh water” and make certain that the  
Michigan program covers the same USDW’s as the federal program.  
The proposed rule set puts in place additional safeguards for Michigan’s fresh water  
resources and gives the Michigan Department of Environment, Great Lakes, and Energy another  
tool it needs to protect drinking water and safely regulate Class II injection wells. The changes  
ensure Michigan follows the high standards set by the EPA.  
Respectfully,  
Erin D. McDonough  
President  
A CMS Energy Company  
July 11, 2019  
Oil, Gas, and Minerals Division  
Michigan Department of Environment, Great Lakes, and Energy  
Attention: Adam Wygant  
525 West Allegan St  
Lansing, MI 48909-7756  
RE: Consumers Energy Company’s response to proposed rule revisions under Part 615 (1994 PA 451, § 324.61501)  
Consumers Energy Company is one of Michigan’s largest combined gas and electric utilities, serving over 6 million of  
Michigan’s 10 million residents. Thus, Consumers Energy (Consumers) appreciates the opportunity to comment on  
the proposed rule set (2019-001 EQ), outlining the State’s anticipated primacy for Class II wells, under the  
Underground Injection Control (UIC) program and other proposed amendments to Part 615. Consumers recognizes  
that these comments are being submitted after the published deadline of July 5, 2019 and respectfully requests  
their inclusion in the record for the proposed rule changes. Consumers has reviewed the revised, published rule set  
and offers the following comment:  
R324.102 (z) – The revised rule defines “Mineral Water” as “water that contains 1000 milligrams per liter or more of  
total dissolved solids.”  
Recommendation – This addition seeks to numerically define and protect potential Underground Sources of  
Drinking Water (USDW), as articulated in the proposed rule documentation and defined by 40 CFR 144.3. However,  
the definition provided at Rule 102(z) does not include an upper milligram per liter limit. This could result in brines,  
common to oil and gas operations, being interpreted as mineral water, which is unlikely the intent of the proposed  
revision, as brines are regulated separately throughout Part 615. Therefore, Consumers recommends that this  
definition be revised to reflect the intent of the rule to protect USDWs. A potential revision is: (z) “Mineral water”  
means water that contains 1000 milligrams per liter or more, but less than 10,000 milligrams per liter total dissolved  
solids.  
Thank you for considering our comments. Consumers Energy supports the State and the Department of  
Environment, Great Lakes, and Energy in their effort to obtain primacy for the UIC Class II program.  
We welcome the opportunity for further dialog should you have questions or desire further clarification. I can be  
contacted at 517-788-1285, or heather.dziedzic@cmsenergy.com.  
Sincerely,  
Heather Dziedzic  
Consumers Energy  
Environmental Regulations & Strategy  
Senior Environmental Planner: Land & Water Management  
1945 W. Parnall Rd, P22-326  
Jackson, MI 49201  
;