State Budget Office  
Office of Regulatory Reinvention  
111 S. Capitol Avenue; 8th Floor, Romney Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
REQUEST FOR RULEMAKING (RFR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the department/agency  
that has the statutory authority to promulgate the rules must file a request for rulemaking  
with the Office of Regulatory Reinvention before initiating any changes or additions to the  
rules. Please submit an electronic copy to the ORR at orr@michigan.gov.  
1. Department:  
Department of Environmental Quality (DEQ)  
2. Division/agency/bureau:  
Air Quality Division  
3. Name, address, e-mail, and phone number of agency contact person:  
Ms. Erica Wolf, Environmental Quality Analyst  
Air Quality Division  
Michigan Department of Environmental Quality  
525 West Allegan Street  
2nd Floor, South  
Lansing, MI 48909  
wolfe1@michigan.gov  
517-284-6766  
4. Title of proposed rule(s) or rule set:  
Part 4. Emission Limitations and Prohibitions – Sulfur Bearing Compounds  
5. Rule number(s) or rule set range of numbers:  
R 336.1401, R 336.1401a, R 336.1402, R 336.1404, and R 336.1420.  
6. Estimated timetable for completion, or statutory deadline, if applicable:  
Eight months  
7. Describe the general goal/purpose of these rules. Include a discussion of the  
problem(s) - the rule rescissions, additions, or amendments intended to address:  
The primary purpose of the revisions to R 336.1401, R 336.1402, and R 336.1404 is to  
update American Society of Testing and Materials (ASTM) and federal standards  
adopted by reference. R 336.1401a is being amended to remove the definition of used  
oil. That definition has been replaced by a definition in R 336.1121(c). R 336.1420,  
which pertains to the Clean Air Interstate Rule (CAIR) SO2 trading program, is being  
rescinded because the entire rule will be addressed by an adoption by reference in  
R 336.1902(1)(t) and (u) currently undergoing revision in ORR rule set 2017-006 EQ.  
Revised: March 23, 2017  
MCL 24.239  
Request for Rulemaking – Page 2  
8. Please cite the specific promulgation authority for the rule(s) (i.e. department  
director, commission, board, etc.), listing all applicable statutory references. Are  
the rule(s) mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
Sections 5503 and 5512 of Part 55, Air Pollution Control, of the Natural Resources and  
Environmental Protection Act, 1994 PA 451, as amended allows for the promulgation of  
rules.  
9. Please describe the extent to which the rule(s) conflict with or duplicate similar  
rules or regulations adopted by the state or federal government [include statutory  
references and public acts, as applicable]:  
There is no conflict.  
10. Is the subject matter of the rule(s) currently contained in any guideline,  
handbook, manual, instructional bulletin, form with instructions, or operational  
memoranda?  
The subject matter is not contained in other documents.  
11. Is the rule(s) listed on the department’s annual regulatory plan as a rule to be  
processed for the current year?  
Yes, the rules are listed in the DEQ’s 2018-2019 Annual Regulatory Plan.  
12. Will the proposed rule(s) be promulgated under Sections 44 or 48 of the  
Administrative Procedures Act, 1969 PA 306, as amended, being MCL 24.244 or  
24.248? Will the rule(s) be promulgated under the full rulemaking process? Please  
explain.  
The rules will be promulgated under the full rulemaking process.  
Note: If this request for rulemaking applies to rules that will be promulgated pursuant to  
Sections 44 or 48 of the Administrative Procedures Act, 1969 PA 306, as amended,  
MCL 24.244 or 24.248, you do not have to answer questions 13 to 18.  
13. Please describe the extent to which the rule(s) exceed national or regional  
compliance requirements or other standards:  
The rules do not exceed any national or regional compliance requirement or standard.  
14. Do the rule(s) incorporate the recommendations of any Advisory Rules  
Committee formed pursuant to Executive Order 2011-5? If yes, please explain.  
The rules do not incorporate recommendations of any committee.  
15. Do the rule(s) incorporate the recommendations received from the public  
regarding any complaints or comments regarding the rule(s)? If yes, please explain.  
The rules do not incorporate recommendations received from the public.  
16. If amending an existing rule set, please provide the date of the last evaluation of  
the rule(s) and the degree, if any, to which technology, economic conditions, or other  
Revised: March 23, 2017  
MCL 24.239  
Request for Rulemaking – Page 3  
factors have changed the regulatory activity covered by the rule(s) since the last  
evaluation:  
R 336.1401, R 336.1401a, R 336.1402, R 336.1404, and R 336.1420 were last amended  
in 2013. Since that time, dates on certain material adopted by reference have changed  
and require updating.  
17. Are there any changes or developments since implementation that demonstrate  
there is no continued need for the rule(s), or any portion of the rules?  
There is a continued need for R 336.1401, R 336.1401a, R 336.1402, and R 336.1404.  
R 336.1420 is no longer needed as it is now adopted by reference in R 336.1902.  
18. 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.  
Not applicable  
19. Reviewed by the following Departmental Regulatory Affairs Officer (RAO):  
David Fiedler  
---------------------------------------------------------------------------------------------------------------  
↓ To be completed by the ORR ↓  
Date RFR received:  
7-25-2018  
Based on the information provided in this RFR, the ORR concludes that there  
are sufficient policy and legal bases for approving the RFR.  
ORR assigned  
2017-062 EQ  
rule set number:  
Date of approval: Explanation: This Request for Rulemaking satisfies the  
8/1/18  
requirements of the Administrative Procedures Act, 1969 PA  
306, MCL 24.241 et seq., and Executive Order 2011-5.  
Based on the information provided in this RFR, the ORR is not approving the  
RFR at this time.  
Date of  
disapproval:  
More  
Explanation:  
Explanation:  
information  
needed:  
Revised: March 23, 2017  
MCL 24.239  
;