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 8. Emission Limitations and Prohibitions – Oxides of Nitrogen  
5. Rule numbers or rule set range of numbers:  
R 336.1801 - R 336.1818, R 336.1821 - R 336.1826, R 336.1830 - R 336.1834  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Cari DeBruler  
E-mail of person filling out RFR:  
DEBRULERC@michigan.gov  
Phone number of person filling out RFR:  
517-899-5275  
Address of person filling out RFR:  
Con Hall 525 W Allegan Street, Lansing, MI  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
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 The trading program in our Part 8 Rules is no longer  
applicable and must be removed.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.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
MCL 24.239  
RFR-Page 2  
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 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.).  
Sections 5503 and 5512 of Part 55, Air Pollution Control, of the Natural Resources and  
Environmental Protection Act, 1994 PA 451, as amended.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Section 5512 of Part 55, Air Pollution Control, of the Natural Resources and Environmental  
Protection Act, 1994 PA 451, as amended, requires the department to promulgate rules for, among  
other things, the purposes of controlling air pollution, complying with the Clean Air Act, and  
establishing suitable emission standards. The rules in this submittal are necessary to address these  
requirements by limiting NOx emissions and addressing the NOx SIP Call.  
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.  
The current version of the rules conflicts with federal regulations. The current rules reference a  
revoked federal regulation (CAIR). The proposed changes will correct those conflicts and address  
other obligations the State of Michigan has with regard to another set of federal regulations (NOx  
SIP Call).  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The subject matter of the rules is in the federal regulations. The proposed rules will clarify  
applicability to the current federal regulations.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes, the rules are listed in the department’s annual regulatory plan as rules to be processed for the  
current year.  
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.  
These rule changes will not exceed national or regional compliance requirements or other  
standards. These changes address compliance with federal regulations.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
MCL 24.239  
RFR-Page 3  
The proposed rules are drafted with input from stakeholders. Portions of the rules addressing the  
NOx SIP Call are written with input and feedback from affected parties. CSAPR rules were  
reviewed by a workgroup consisting of subject facilities.  
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.  
The rules being modified were added/edited at different times ranging from December 2002 to  
May 2009. Since then, the federal regulations upon which these rules were based have changed.  
The proposed changes will update Michigan’s rules accordingly.  
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?  
Yes. The federal CAIR program, which mandated a trading program, is no longer in effect.  
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  
;