A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
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?
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.