Part 31 Rulemaking Restoration

Nearly two decades ago, changes were made to Part 31 of the Natural Resources and Environmental Protection Act which allows our state to create rules that protect our waters. Because of this change, EGLE is unable to update or issue many rules to better protect lakes and streams.

Under the current rulemaking authority, Michigan is out of compliance with federal standards in some cases and, in others, unable to adequately protect human health.

This means that dangerous chemicals containing PFAS are not subject to the same restrictions as other chemicals to ensure proper storage and pollution prevention. Michigan’s environmental agencies are not able to update the list of bioaccumulative chemicals of concern like PCBs and mercury—even as new chemicals come under investigation. The limitations go on.

Our vision for change:

Reinstate the Michigan Department of Environment, Great Lakes and Energy’s (EGLE’s) ability to change rules under Part 31 through legislation.

Once EGLE’s enforcement powers are restored, establish strong standards for phosphorus and nitrogen pollution in our water. These nutrients provide the fuel that promotes the rapid growth of algal blooms.
Adopt standards, once rulemaking ability is restored, that update technology to aid local health departments in issuing beach closure decisions more quickly when E. Coli levels are at action levels.