Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
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 1. General Provisions  
5. Rule numbers or rule set range of numbers:  
R 336.1101 - R 336.1128  
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:  
Constitution Hall, 525 West Allegan Street, Lansing, MI  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The purpose of rules contained in Part 1. General Provisions of the Michigan Air Pollution Control  
Rules (MAPCR) is to provide definitions to key terms found throughout the rules. The proposed  
rule revisions for Part 1 will revise and add additional definitions needed to support revisions done  
in subsequent rule parts developed to fulfill the federal Clean Air Act, 42 U.S.C. 7401 et seq  
(CAA). The proposed rules add additional definitions to further support and clarify the MAPCR,  
as well as revise existing definitions for “Carcinogens” and exemptions for “Volatile organic  
compounds” (VOCs) and “Toxic air contaminant” definitions to align with the United States  
Environmental Protection Agency’s (USEPA) regulatory definitions and toxics research findings.  
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 or prohibiting air pollution and  
complying with the CAA.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 324.5503(a) and MCL 324.5512(1).  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.239  
RFR-Page 2  
MCL 324.5512 requires the department to promulgate rules for, among other things, the purpose  
of controlling or prohibiting air pollution and complying with the CAA. A majority of the  
proposed rules in this submittal are necessary to define language used in another part of the  
MAPCR that addresses these requirements by limiting VOC emissions under the requirements of  
the CAA under Section 182(b), as it pertains to ozone nonattainment areas. Additional proposed  
rule changes are based on the USEPA final approval to revise the regulatory definition of VOCs  
under the CAA.  
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 rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level.  
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 these rules is not currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda.  
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.  
The proposed rules do not exceed any regulations, compliance requirements, or other standards  
adopted by the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The proposed rules have been drafted with input from stakeholders and addresses their concerns as  
sufficiently as possible. The stakeholders consisted of environmental consultants, facility  
environmental staff, and environmental groups.  
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 last two evaluations of the rules were in 2008 and 2016 for the rule set. There have not been  
any changes in technology, economic conditions, or other factors that impact the regulatory  
activity covered by these rules since the last evaluations.  
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?  
No, there are not any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the 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  
;