RFR-Page 2
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
MCL 324.5512 requires the department to promulgate rules for, among other things, the purpose
of controlling or prohibiting air pollution, complying with the CAA, and establishing suitable
emission standards. The rule changes in this submittal are necessary to avoid repetitive
requirements on VOC sources due to the updates required to implement reasonably available
control technology under the CAA Section 182(b), for Michigan’s moderate ozone nonattainment
areas.
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 proposed revisions are necessary to avoid conflict with or duplication of similar rules,
compliance requirements, or other standards located in Part 6 of the MAPCR. The proposed rule
changes will not duplicate similar rules, compliance requirements, or other standards adopted by
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 the 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 regulation, 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 1997 and 2002. Since then, the federal regulations
and guidance upon which these rules were based have not changed or been created. 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 evaluation.
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?
The proposed rule changes to 2022-018 EQ, Part 6 remove the need for rules R 336.1703 to R
336.1706.
MCL 24.239