Michigan Office of Administrative Hearings and Rules

611 W. Ottawa Street

Lansing, MI 48909

Phone: 517-335-8658 Fax: 517-335-9512

AGENCY REPORT TO THE

JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)

1. Agency Information

Agency name:

Environment, Great Lakes and Energy

Division/Bureau/Office:

Air Quality Division

Name of person completing this form:

Cari DeBruler

Phone number of person completing this form:

517-899-5275

E-mail of person completing this form:

DEBRULERC@michigan.gov

Name of Department Regulatory Affairs Officer reviewing this form:

Dale Shaw

2. Rule Set Information

MOAHR assigned rule set number:

2021-24 EQ

Title of proposed rule set:

Part 8. Emission Limitations and Prohibitions – Oxides of Nitrogen

3. Purpose for the proposed rules and background:

The Part 8 Rules were developed to address federal regulations referred to as the “NOx SIP Call” and

the Clean Air Interstate Rule (CAIR), and to create an emissions trading program to reduce overall

nitrogen oxides (NOx) concentrations for incorporation into Michigan’s State Implementation Plan

(SIP). In 2015, implementation of the Cross State Air Pollution Rule (CSAPR), another federal

regulation, replaced the federal CAIR. As such, CAIR references need to be removed from several

Part 8 Rules. The trading program in our Part 8 Rules is no longer applicable and must be removed.

Additionally, the NOx SIP Call requirements for a small subset of sources must be updated.

4. Summary of proposed rules:

MCL 24.242 and 24.245

Agency Report to JCAR-Page 2

The Part 8 Rules were developed to address federal regulations referred to as the “NOx SIP Call” and

the Clean Air Interstate Rule (CAIR), and to create an emissions trading program to reduce overall

nitrogen oxides (NOx) concentrations for incorporation into Michigan’s State Implementation Plan

(SIP). In 2015, implementation of the Cross State Air Pollution Rule, another federal regulation,

replaced the federal CAIR. As such, CAIR references need to be removed from several Part 8 Rules.

The trading program in our Part 8 Rules is no longer applicable and must be removed. Additionally,

the NOx SIP Call requirements for a small subset of sources must be updated. If approved, the rules

will be submitted to the USEPA as an amendment to the Michigan State Implementation Plan (SIP).

The comment period and public hearing will fulfill requirements contained in the state administrative

rules and the federal Clean Air Act.

5. List names of newspapers in which the notice of public hearing was published and

publication dates:

Oakland Press on December 6, 2021; The Mining Journal on December 6, 2021; Lansing State

Journal on December 6, 2021

6. Date of publication of rules and notice of public hearing in Michigan Register:

12/15/2021

7. Date, time, and location of public hearing:

1/6/2022 01:00 PM at This public hearing will be held in-person and virtually. , In-person:

Constitution Hall, Ford Conference Room, 2nd Floor, South Tower, 525 West Allegan St, Lansing,

MI 48933. Virtual: https://bit.ly/3Cyok2t

8. Provide the link the agency used to post the regulatory impact statement and cost-benefit

analysis on its website:

https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1282

9. List of the name and title of agency representative(s) attending public hearing:

Cari DeBruler – Environment, Great Lakes, and Energy (EGLE) – Air Quality Division (AQD)

Trace McDonald – EGLE - AQD

Jenifer Dixon – EGLE – Environmental Support Division (ESD)

Matt Tomlinson – EGLE - ESD

Jim Ostrowski – EGLE - ESD (Virtual)

Mary Ann Dolehanty – EGLE - AQD (Virtual)

Robert Irvine – EGLE - AQD (Virtual)

Dale Shaw – EGLE – Information Management Division (Virtual)

Brian Carley – EGLE - AQD (Virtual)

Tom Shanley – EGLE - AQD (Virtual)

10. Persons submitting comments of support:

None

11. Persons submitting comments of opposition:

None

12. Persons submitting other comments:

MCL 24.242 and 24.245