Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Environment, Great Lakes and Energy  
2. Bureau:  
Air Quality Division  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Part 9: Emission Limitation and Prohibitions - Miscellaneous  
5. Rule numbers or rule set range of numbers:  
R 336.1902 and R 336.1974  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Cari DeBruler  
E-mail of person filling out RFR:  
Phone number of person filling out RFR:  
517-899-5275  
Address of person filling out RFR:  
Con Hall, 525 W Allegan, Lansing, MI  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
MCL 24.239  
RFR-Page 2  
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  
agencies.  
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  
explain.  
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  
DDDD.  
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?  
MCL 24.239  
RFR-Page 3  
The subject matter is not currently contained in any guideline, handbook, manual, instructional  
bulletin, form with instructions, or operational memo.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The AQD is adopting 40 CFR 60, Subpart DDDD verbatim except for the compliance date.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No recommendations or complaints were received from the public regarding these rules.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
R 336.1902 was last evaluated on December 20, 2016. Since then there has only been minimal  
economic condition changes, such being the price of access to documents, which has changed the  
regulatory activity covered by the rules.  
R 336.1974 was first promulgated in January 2019. Since that time, the USEPA finalized  
amendments to 40 CFR 60, Subpart DDDD that changed the regulatory activity covered by the  
rule.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
There is a continued need for these rules.  
17. 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.  
No  
MCL 24.239