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: Drinking Water and Municipal Assistance Division  
Name, title, phone number, and e-mail of person Eric Oswald, Division Director, 517-643-2543,  
completing this form:  
oswalde1@michigan.gov  
2. Rule Set Information  
Title of proposed rule set: Supplying Water to the Public  
Rule number(s) or range of numbers: R 325.10101 through R 325.12820  
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:  
The draft proposed rules and regulatory impact statement will be submitted to the Office of  
Regulatory Reinvention by October 1, 2019.  
4. Describe the general purpose of these rules, including any problem(s) the changes are intended to  
address:  
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.  
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.  
Section 5 of the Safe Drinking Water Act, 1976 PA 399, as amended (Act 399),  
MCL 325.1005.  
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.  
Act 399 currently contains numerous drinking water standards that are consistent with  
federal requirements. This requested rulemaking will add additional drinking water  
standards and related sampling and response requirements. These additional standards  
Revised: February 1, 2019  
MCL 24.239  
RFR – Page 2  
would be more stringent than regulations under the federal Safe Drinking Water Act  
(SDWA) which was originally passed by Congress in 1974 to protect public health by  
regulating the nation’s public drinking water supply. SDWA authorizes the U.S.  
Environmental Protection Agency to set national health-based standards for drinking water  
to protect against both naturally-occurring and man-made contaminants that may be found  
in drinking water. Title 40 of the Code of Federal Regulations (CFR), Part 141, National  
Primary Drinking Water Regulations, currently does not contain standards for PFAS.  
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:  
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:  
Dave Fiedler  
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↓ To be completed by the ORR ↓  
Date RFR received: 3-26-2019  
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: 2019-035 EQ  
Date of approval:  
3/28/19  
Based on the information in this RFR, the ORR is not approving the RFR at this time.  
Date of disapproval:  
Explanation:  
Revised: February 1, 2019  
MCL 24.239  
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