State Budget Office  
Office of Regulatory Reinvention  
111 S. Capitol Avenue; 8th Floor, Romney Building,  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
REQUEST FOR RULEMAKING (RFR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the agency that has the statutory authority  
to promulgate rules must electronically file a RFR with the Office of Regulatory Reinvention (ORR)  
before initiating any changes or additions to the rules. Submit copy to the ORR at orr@michigan.gov.  
1. Agency Information  
Agency name: Department of Environmental Quality (DEQ)  
Division/Bureau/Office: Oil, Gas, and Minerals Division  
Agency contact person name, e-mail, and phone: Adam W. Wygant, Director  
wyganta@michigan.gov  
517-284-6823  
2. Rule Set Information  
Title of proposed rule set: Oil and Gas Operations  
Rule number(s) or range of numbers: R 324.102, R 324.403, R 324.405, and R 324.801  
Included in agency’s annual regulatory plan as rule to be processed in current year? Yes  
3. Estimated timetable for completion, or statutory deadline, if applicable:  
Estimated timetable for completion: six months. There is no applicable statutory deadline.  
4. Describe the general purpose of these rules, including any problem(s) the changes are intended to  
address:  
The DEQ 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 the DEQ 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. The DEQ 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.  
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  
Revised: January 4, 2018  
MCL 24.239  
RFR – Page 2  
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 the DEQ must have authority to protect all USDWs.  
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 the DEQ has the requisite  
authority to protect USDWs under its statutory mandate to “prevent waste.”  
The U.S. EPA and the DEQ 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. The DEQ proposes to revise the  
definition R 324.801(j), using the endangerment definitions from Kentucky and the Safe Drinking  
Water Act as a model, 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. Cite the specific rule promulgation authority (i.e. agency director, commission, board, etc.,  
listing all applicable statutory references. If the rule(s) are mandated by any applicable  
constitutional or statutory provision, please explain.  
Part 615 grants authority to the Supervisor to “promulgate and enforce rules, issue orders and  
instructions necessary to enforce the rules, and do whatever may be necessary with respect to the  
subject matter stated in this part to implement this part, whether or not indicated, specified, or  
enumerated in this or any other section of this part” [MCL 324.61506(a)]. Part 615 defines the  
Supervisor as the Department of Environmental Quality [MCL 324.61501(o)].  
Executive Reorganization Order No. 2011-1 states “The Director of the Department of  
Environmental Quality may promulgate rules as may be necessary to carry out functions vested in  
the Director under this Order or other law in accordance with the Administrative Procedures Act,  
1969 PA 306, as amended, MCL 24.201 to 24.328.  
The rules are not mandated by any constitutional or statutory provision.  
6. Describe the extent to which the rule(s) conflict with, duplicate, or exceed similar regulations,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
Include applicable public act and statutory references.  
These rules do not conflict with or duplicate other state or federal rules. The proposed  
rules are no stricter than federal rules and are being proposed only for clarity in definitions  
and use of the terms based on federal comments to ensure that the State of Michigan has an  
equally effective program for regulating Class II injection wells and protecting  
USDWs. The clarifications do not create any performance standards beyond current state  
or federal requirements, they only address some areas of potential ambiguity in the  
administrative code. The DEQ deems the clarifications necessary to remove ambiguity  
and obtain Class II primacy as described in Section 4 of this RFR.  
Revised: January 4, 2018  
MCL 24.239  
RFR – Page 3  
7. Is the subject matter of the rule(s) currently contained in any guideline, manual, handbook,  
instructional bulletin, form with instructions, or operational memo?  
No.  
8. Explain whether the rule(s) will be promulgated under Sections 44 or 48 of the APA or the full  
rulemaking process:  
Rules will be promulgated under the full rulemaking process.  
9. Do the rule(s) incorporate the recommendations of any Advisory Rules Committee formed  
pursuant to Executive Order 2011-5? If yes, explain.  
No.  
10. Is there an applicable decision record as defined in Section 3(6) and required by Section 39(2) of  
the APA? If so, please attach the decision record.  
No.  
11. Reviewed by the following Departmental Regulatory Affairs Officer:  
David Fiedler  
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↓ To be completed by the ORR ↓  
Date RFR received: 3-12-19  
Based on the information in this RFR, the ORR concludes that there are sufficient policy and  
legal bases for approving the RFR.  
ORR assigned rule set number: 2019-001 EQ  
Date of approval:  
3/12/19  
Based on the information in this RFR, the ORR is not approving the RFR at this time.  
Date of disapproval:  
Explanation:  
Revised: January 4, 2018  
MCL 24.239  
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