Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
1. Department:  
Environment, Great Lakes and Energy  
2. Bureau:  
Drinking Water and Environmental Health Division  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Part 1. Well Construction Code  
5. Rule numbers or rule set range of numbers:  
R 325.1601 - R 325.1781  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Kris Philip  
E-mail of person filling out RFR:  
Phone number of person filling out RFR:  
Address of person filling out RFR:  
525 West Allegan, Lansing, Michigan 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
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.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Section 12714 of Part 127, Water Supply and Sewer Systems, of the Public Health Code, 1978 PA  
368 as amended, MCL 333.12714, gives EGLE, with the advice of the Water Well Advisory  
Council, rule and construction code promulgation authority.  
MCL 24.239  
RFR-Page 2  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 333.12714.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
MCL 333.12714 requires EGLE, with advice from the Water Well Advisory Council, to  
promulgate rules and a construction code reasonably necessary to implement sections 12701 to  
12715. The rules shall include standards for the construction and installation of groundwater  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with or duplicate other rules, compliance requirements, or standards. The  
proposed rule change aligns with the intent of the rules to specify a product that meets the  
standard for well construction. The current reference to the product has become obsolete with the  
shift to a more sustainable manufacturing process.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
Yes. It is referenced in EGLE’s Michigan’s Water Well Manual, policies, and procedures.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not exceed similar regulations, compliance requirements, or other standards.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Yes, the Michigan Ground Water Association has provided written support of amending the  
existing rules to use the new product to meet well component requirements.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The last evaluation of the rules occurred in 1994. The product specified in the rules is being  
phased out of production to help reduce the carbon footprint of the product manufacturing  
facilities. Other types of cement that fall within the current rules are for specialized applications  
and/or more difficult to obtain and expensive.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
MCL 24.239