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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 324.5512(1) 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 rules in this submittal are necessary to address these
requirements by limiting NOx emissions and addressing the requirements of Section 172 of the
CAA as it pertains to 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 current rules conflict with the federal regulations because they do not sufficiently address
requirements of federal regulations. The proposed rules will update the emission standards as
required by the CAA under Section 172(c)(1) for this standard’s respective moderate nonattainment
areas. The proposed rule changes addressing the NOx SIP Call, upon SIP approval, will remove the
applicability of the NOx SIP Call program to Michigan, thus removing the duplicity.
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 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
of 1969, 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 and additions are necessary to fulfill federal regulatory obligations. 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 address their concerns as
much as possible while still complying with the requirements outlined in the CAA. The proposed rules
have been shared with stakeholders consisting 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 evaluation of the rules was in 2022. Since then, changes to Michigan’s ozone nonattainment
areas have prompted Michigan to propose new rules to meet CAA requirements. Also, the EPA has
provided feedback on the 2022 evaluation which requires additional changes to accomplish the goals
of that action.
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