R 336.1902, “Adoptions of standards by reference,” provides information for the reference
material appearing throughout the Michigan Air Pollution Control Rules. This information
consists of the following: physical and web addresses, price, and publication dates. The proposed
revisions consist primarily of updates to reference prices to align with what is currently offered by
the respective sources, including the AQD. The update also revises the publication dates
referenced. Revisions were also made to the physical and web addresses listed in the rule in order
to reflect the current information and availability of these reference materials from their respective
R 336.1974, “Emission standards for existing commercial and industrial solid waste
incinerators” (CISWI), addresses the Section 111(d) requirement under the Clean Air Act to limit
emissions of air pollutants from CISWI units as stated in Title 40 of the Code of Federal
Regulations (CFR), Part 60, Standards of Performance for New Stationary Sources, Subpart
DDDD, Emission Guidelines and Compliance Times for Commercial and Industrial Solid Waste
Incineration Units. The proposed revisions to R 336.1974 address the most recent amendments to
Subpart DDDD made by the United States Environmental Protection Agency (USEPA) on March
18, 2019. The rule revisions will account for the changes to Subpart DDDD. The proposed
revisions to R 336.1974 will result in a rule that directly mirrors Subpart DDDD except for the
compliance date. The compliance date of the rule, as required under MCL 24.247, will be 7 days
after rule promulgation. The compliance date in Subpart DDDD has passed, so Michigan units
will need to be in compliance on the effective date of the rules.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
Section 5503(a) of Part 55, Air Pollution Control, of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended (NREPA) gives the department the authority to
promulgate rules. Section 5512(1) of Part 55 of the NREPA, states the department shall
promulgate rules for a variety of purposes including controlling air pollution and complying with
the Clean Air Act.
In addition, the Administrative Procedures Act, 1969 PA 306, as amended, in 2018 was updated to
include the Environmental Rule Review Committee which oversees all of EGLE’s rulemaking.
Section 65 of Act 306 explains the makeup and terms of the Committee and Section 66 of Act 306
explains the Committee’s responsibilities during the rulemaking process.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
MCL 324.5503 and MCL 324.5512.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
A State Plan to control emissions is mandated by Section 111(d) of the Clean Air Act. A rule that is
as stringent as the emission guidelines is required as part of a State Plan under 40 CFR 60, Subpart
B, Adoption and Submittal of State Plans for Designated Facilities and 40 CFR 60, Subpart
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.
These revisions to R 336.1902 and R 336.1974 do not conflict with or duplicate any similar rules.
The proposed changes are similar to existing language in R 336.1902 and R 336.1974 and will
compliment those rules.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?