Michigan Office of Administrative Hearings and Rules  
MOAHR-Rules@michigan.gov  
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:  
Dale Shaw  
2. Rule Set Information  
MOAHR assigned rule set number:  
2022-39 EQ  
Title of proposed rule set:  
Part 1. Well Construction Code  
3. Purpose for the proposed rules and background:  
R 325.1610(1)(a)(xi) adopts ASTM International specification C 150-89 “Standard Specification for  
Portland Cement.” R 325.1640 requires the use of Portland Cement that meets the requirements of the  
ASTM International specification as an approved water supply system component. Up until 2022, the  
manufacturers of Portland Cement (Type IA) made the product compliant with the specifications. To  
reduce their carbon footprint, the manufacturers have modified the product and it no longer complies  
with the specification. It is referred to as Type IL. The characteristics of the product are similar to that  
of Type IA, but the rule specifically states that it must comply with the specification. There are other  
types of Portland Cement Types IIA through VA that meet the specification that are available;  
however, they have more specialized applications and are less widely available.  
Modification of the language to allow the use of the Type IL product would alleviate the need to use  
the less common products and use a more sustainable product that has similar characteristics for safe  
water supply well construction.  
4. Summary of proposed rules:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
The current rules adopt ASTM International Specification C 150-89 “Standard Specification for  
Portland Cement” (C 150-89) and require the use of Portland Cement that meets the requirements of  
this specification as an approved water supply system component. Up until 2022, the manufacturers  
of Portland Cement made the most common product (Type I) that is compliant with the specification.  
To reduce their carbon footprint, the manufacturers have modified the product and it no longer  
complies with C 150-89. The modified product, which is similar in characteristics, is referred to as  
Type IL. Modification of the language to allow the use of the Type IL would alleviate the need to use  
less common currently approved products and use a more sustainable product that has similar  
characteristics to Type I for safe water supply well construction.  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
Lansing State Journal, published January 26, 2023  
Oakland Press, published January 26, 2023  
The Mining Journal, published January 26, 2023  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
2/15/2023  
7. Date, time, and location of public hearing:  
3/2/2023 02:00 PM at In Person: Lee Walker Conference Room, Atrium Level, North Tower,  
Constitution Hall, 525 West Allegan Street, Lansing, MI 48933. , Virtual: https://bit.ly/3CytDBF To  
join by phone only: 213-787-0529 (conference code 881478).  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1398  
9. List of the name and title of agency representative(s) who attended the public hearing:  
Department of Environment, Great Lakes, and Energy (EGLE) staff:  
Sara Pearson – Drinking Water and Environmental Health Division (DWEHD)  
David DeYoung – DWEHD  
Anita Ladouceur – DWEHD (Virtual)  
Matt Tomlinson – Environmental Support Division  
Dale Shaw – Information Management Division  
10. Persons submitting comments of support:  
Charles Sebastian – Michigan Ground Water Association  
Daniel DeGraaf - Michigan Concrete Association  
11. Persons submitting comments of opposition:  
None  
12. Persons submitting other comments:  
None  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
13. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
Name &  
Organization public hearing  
Comments made at Written  
Comments  
Agency Rationale Rule number  
for Rule Change & citation  
and Description changed  
of Change(s)  
Made  
1
14.Date report completed:  
4/17/2023  
MCL 24.242 and 24.245  
;