Michigan Office of Administrative Hearings and Rules

611 W. Ottawa Street

Lansing, MI 48909

Phone: 517-335-8658 Fax: 517-335-9512

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Environment, Great Lakes and Energy

Division/Bureau/Office:

Drinking Water and Environmental Health Division

Name of person completing this form:

Kris Philip

Phone number of person completing this form:

(517) 284-6518

E-mail of person completing this form:

PHILIPK@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

David Fiedler

2. Rule Set Information

MOAHR assigned rule set number:

2019-35 EG

Title of proposed rule set:

Supplying Water to the Public

3. Purpose for the proposed rules and background:

To establish enforceable drinking water standards for per- and polyfluoroalkyl substances (PFAS)

found during the 2018 sampling of Michigan’s public drinking water supplies. While the U.S.

Environmental Protection Agency has established an unenforceable lifetime health advisory level for

total perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), many academia, health

officials, and the Agency for Toxic Substances and Disease Registry (ASTDR) deem this advisory

level is too high. In addition, the lack of an enforceable standard for PFOS and PFOA and other

commonly found PFAS chemicals impairs the DEQ’s ability to take enforceable actions to protect

human health and the environment.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

Additional public hearings will be held on January 14, 2020 at 5:00 p.m. to 8:00 p.m., at Washtenaw

Community College, Morris Lawrence Building, Towsley Auditorium, 4800 East Huron River Drive,

Ann Arbor, Michigan and on January 16, 2020 at 5:00 p.m. to 8:00 p.m., at the Ralph A. Macmullan

(RAM) Conference Center, Au Sable Classroom, 104 Conservation Drive, Roscommon, Michigan.

The proposed rule set (2019-35 EG) will amend the current rules to provide provisions that reduce

exposure to several per- and polyfluoroalkyl substances (PFAS) in drinking water. The provisions

include establishment of drinking water standards, sampling requirements, public notification

requirements, and laboratory certification criteria.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

The Ann Arbor News – December 12, 2019; The Grand Rapids Press – December 12, 2019; and The

Marquette Mining Journal – December 12, 2019.

6. Date of publication of rules and notice of public hearing in Michigan Register:

1/1/2020

7. Date, time, and location of public hearing:

1/8/2020 05:00 PM at Grand Valley State University, L.V. Eberhard Center - Room EC 215 , 301

West Fulton, Grand Rapids, MI 49504

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/ARS_Public/Transaction/RFRTransaction?TransactionID=29

9. List of the name and title of agency representative(s) attending public hearing:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 3

Grand Rapids, January 8, 2020

Department of Environment, Great Lakes, and Energy (EGLE) staff: Eric Oswald, George Krisztian,

Ian Smith, Kris Philip, Ariel Zoldan, Eric Wildfang, Dave Fiedler, Dale Shaw, Jim Ostrowski

(Hearings Officer), Anita Singh, Matt Tomlinson, Steve Sliver, Scott Dean, Ninah Sasy, Tom

Berdinski, Luke Dehtiar, and Ernie Sarkipato.

Department of Health and Human Services (DHHS) staff: Laura Gossiaux, Deb MacKenzie-Taylor,

and Rosa Jaiman.

Ann Arbor, January 14, 2020

EGLE staff: Eric Oswald, George Krisztian, Ian Smith, Kris Philip, Ariel Zoldan, Eric Wildfang,

Dave Fiedler, Dale Shaw, Jim Ostrowski (Hearings Officer), Matt Tomlinson, Scott Dean, Ann

Tavalire, and Kris Donaldson.

DHHS staff: Lisa Fischer, Steve Crider, Sue Manente, Paula Detweiler, and Tom Franke.

Roscommon, January 16, 2020

EGLE staff: Eric Oswald, Ian Smith, Kris Philip, Eric Wildfang, Dave Fiedler, Dale Shaw, Jim

Ostrowski (Hearings Officer), Anita Singh, Steve Sliver, Carla Davidson, and Joe Reinke.

DHHS staff: Sue Manente, Sesha Kallakuri, and Bill Farrell.

10. Persons submitting comments of support:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 4

Grand Rapids, January 8, 2020

A.J Birkbeck; Andrew Blok; Concerned Citizens for Responsible Remediation; Corinne Carey; Eric

Pieh; Greater Grand Rapids Sierra Club Committee; Kim Conner; Larry Campbell; Lynn McIntosh;

Michigan League of Conservation Voters; MPART’s Citizen Advisory workgroup; Natural Resources

Defense Council; Neighbors for Neighborhood; Renae Mata; Robert Allen; Sandy Wynn-Stelt; Scott

Harvey; Shannon Donley; Sue Popma; Theresa Chaplin; Theresa Emshwiller; Tip of the Mitt

Watershed Council; West Michigan Environmental Action Council; Winnie Brinks, Senator of 29th

District Grand Rapids; Wolverine Community Advisory Group; and Wyoming Laboratory Manager

Utilities Department.

Ann Arbor, January 14, 2020

Aaron Pelo, Aide for State Representative Yousef Rabhi of Ann Arbor; Andrew Wotan; Charles

Carpenter; Clean Water Action; Denise Cantu; Diana Wright; Dr. Elaine Chottiner; Ecology Center;

Environment Michigan; Fred Iles; Huron Watershed Council; Jeff Hayner; Jennifer Davis; John Buhl;

John Machowicz; Kathy Smith; Keith Lee; Kevin Fisher; Lisa Capozza; Michigan Environmental

Caucus; Michigan Environmental Council; Michigan League of Conservation Voters; Michigan

Residents Against ET Rover; Michigan Sierra Club; Need our Water Oscoda; PDiesha Myles; Renee

Gregory; Rita Loch-Caruso; Scio Residents for Safe Water; Senator Jeff Irwin, 18th District; Sierra

Club; Stacy Taylor; Vince Caruso; Washtenaw 350.org; Washtenaw County Commission; Western

Wayne Hazardous Incident Response Team; William Creal; Wolf Pack; and Ypsilanti Township.

Roscommon, January 16, 2020

Aiden Backstrom; Alexis Ruemenapp; Cathy Wusterbarth; Chuck Leady; Elyssa Steward; Greg Cole;

Hank Bailey; Houghton Lake Wastewater Treatment Plant; Jason Trautz; Jesse Osmer, legislative

director for State Representative Sue Allor; John Delistle; John Morris; Lillian Schell; Liz DeLisle;

Mark Janeczko; Michigan Manufacturers Association; Natural Resources Defense Council; Need Our

Water in Oscoda; Oscoda Township; Sean Overheul; and We Are the Evidence.

Written Comments: Andrew Fishbeck; Ann Poznanski; Armas Soorus; Au Sable River Watershed

Committee; Camp Grayling JMTC Restoration Advisory Board; Christine Reay; Consumers Energy;

Council of Michigan Foundations; Crystal Cunningham; Dave Dempsey; David Winn; Debbie

Dingell; Derrick Golla; Donna Lasinski; Eric Piehl; For Love Of Water; Great Lakes Environmental

Law Center; Healthy Food Action; Huron Pines; Jamie Fleming; Joe Jakubowski; John Sarver;

Kennth Scott Harvey; Kirsten Lietz; krista lilley; Kristeb Turick; Larry Scheer; Laura Rubin; Little

Traverse Bay Bands of Odawa Indians; Lynn McIntosh; Mark Swan; Martha Vermeulen; Mary Ellen

Howard; Matthew Nossal; Michelle Hamilton; Michigan Chapter of the Izaak Walton League;

Michigan Environmental Council; Michigan Farm Bureau; Mike McIntosh; Nancee M.; National

Resources Defense Council; National Wildlife Federation, Great Lakes Regional Center; Norrie

Zaret; Patricia Baldwin; Peggy Sooz; Penelope Minhinnick-Burns; Peter Albertson; Plainfield Charter

Township; Richard Rediske; Sam Inglot; Sharon McGladdery; Susan Rock; Susan Shink; Susan

Thiel; talkingcloth; Tesha Galla; The Ecology Center; The Huron River Watershed Council; The

Michigan Municipal League; Tip of the Mitt Watershed Council; Virginia L DeHaan; William and

Carol Parker; William Creal.

11. Persons submitting comments of opposition:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 5

Written Comments: 3M; barbarast2; Georgia Griffin; GHD; Grand Rapids Area Chamber of

Commerce; Laurie Hoag; Marguerite Clevenger; MI Air MI Health; Michigan Chemistry Council;

Rex Vaughn; The Chemical Products and Technology Division of the American Chemistry Council;

The Michigan Manufacturers Association; The PFAS Regulatory Coalition; Varnum Attorneys at

Law.

12. Identify any changes made to the proposed rules based on comments received during the

public comment period:

Name &

Comments made at Written

Agency Rationale Rule number

Organization public hearing

Comments

for change

& citation

changed

1

Oday Salim,

Natural

Wildlife

Federation,

Great Lakes

Regional

Center

For

Factual Correction R 325.12708

(e), Table 1

Perfluorobutane

sulfonic acid, the

CAS number

should be 375-73

-5. For

Perfluorohexane

sulfonic acid, the

CAS number

should be 355-46

-4.

2

Brian Steglitz,

City of Ann

Arbor, Water

Treatment

It has come to my Factual Correction R 325.12708

attention that the

CASRN numbers

for two of the

proposed PFAS to

be regulated may

be incorrect.

The city requests

that EGLE

(e), Table 1

Services

review the

CASRN numbers

for each of the

seven PFAS

proposed for

regulation to

ensure the

CASRNs are

correct in the

final rule. I

believe that the

ones in error are

PFBS and

PFHxS.

MCL 24.242 and 24.245

Agency Report to JCAR-Page 6

13.Date report completed:

3/9/2020

MCL 24.242 and 24.245