Rule Promulgation

Public Hearing, February 18, 2015 at 10:00 a.m. in Lansing at Constitution Hall in the Patriot Conference Room.  See more information below under "Rule Promulgation Steps."
Click on these links to download the latest draft proposed rules and the Regulatory Impact Statement

What Recently Happened?

On February 13, 2013, EPA published in the Federal Register the revisions to the 1989 Total Coliform Rule.  Look for it on the U.S. EPA Revised Total Coliform Rule Web page at http://water.epa.gov/lawsregs/rulesregs/sdwa/tcr/regulation_revisions.cfm. EPA anticipates greater public health protection under the Revised Total Coliform Rule (RTCR) requirements.  The RTCR:
  • Requires public water systems that are vulnerable to microbial contamination to identify and fix problems; and
  • Establishes criteria for systems to qualify for and stay on reduced monitoring, which could reduce water system burden and provide incentives for better system operation.

Public water systems must comply with the revised requirements beginning April 1, 2016. Until then, PWSs must comply with the 1989 TCR.

What's Next?

The DEQ must adopt the RTCR into Michigan rules in order to retain primary enforcement authority for the Public Water System Supervision Program. Additionally, the DEQ is batching the following areas with the RTCR rule package: 

  • Enhance existing cross connection control provisions instead of relying on long-standing DEQ guidance.
  • Tighten the deadline to submit an application to write a water operator examination to accommodate the additional processing necessary with the 2011 passage of certification examination fees.
  • Incorporate asset management program planning to ensure community water supplies serving more than 1,000 people can sustain critical infrastructure.
  • Rescind rules on water quality reports for nontransient noncommunity water systems that are K-12 schools or daycare centers.

 Convenient Links:

Michigan Safe Drinking Water Act 1976 PA 399 and the rules promulgated there under R 325.10101 to R 325.12820 is an unofficial printer friendly version of the act and rules applicable to public water supplies.

Rule Promulgation Steps:
03/03/2014: ORR accepts the RFR 2014-023 EQ and creates website to follow the rulemaking process
05/29/2014: Stakeholder meeting; agenda and slides
06/27/2014: Stakeholder meeting; draft proposed rules June 20, 2014, agenda and meeting materials, Annotated Federal Register (annotations updated 08/04/2015)
10/21/2014: DEQ submits draft proposed rules to ORR
10/29/2014: ORR approves RIS, completes informal review of draft rules dated 09/18/2014
11/12/2014: LSB informally approves draft rules
02/18/2015: DEQ holds public hearing to receive comments on 12/02/2014 draft rules
02/25/2015: Public comment period closes
07/09/2015: ORR approves textural changes based on public comments and forwards draft rules dated May 12, 2015 to LSB
08/11/2015: LSB certifies draft rules
08/18/2015: ORR certifies draft rules and files with JCAR
Future Step: DEQ adopts rules
Future Step: ORR submits JCAR Package to JCAR.  JCAR may take 15 session days to review rules
Future Step: ORR files rules with the Secretary of State, effective immediately (expected in Fall 2015)

Key:
DEQ Department of Environmental Quality
JCAR Michigan Legislature's Joint Committee on Administrative Rules
LSB Legislative Service Bureau
ORR Office of Regulatory Reinvention
RIS Regulatory Impact Statement
RFR Request for Rulemaking