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 8. Emission Limitations and Prohibitions-Oxides of Nitrogen  
5. Rule numbers or rule set range of numbers:  
R 336.1801 - R 336.1846  
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.  
Part 8. Emission Limitations and Prohibitions – Oxides of Nitrogen of the Michigan Air Pollution  
Control Rules (MAPCR) contains rules developed to fulfill federal Clean Air Act, 42 U.S.C. 7401  
et seq (CAA) requirements for sources of oxides of nitrogen (NOx). Michigan must create new  
rules to address a change to a moderate classification in nonattainment areas under provisions of  
the National Ambient Air Quality Standards (NAAQS). These rules are often referred to as NOx  
“Reasonably Available Control Technologies” (RACT). For past NAAQS, the Department of  
Environment, Great Lakes, and Energy (EGLE) was not required to promulgate RACT rules for  
NOx sources in the nonattainment areas established under those standards. With the establishment  
of a new standard and a new classification, Michigan must create RACT rules to align with  
requirements of Section 182(b)(2) of the CAA. EGLE must promulgate new rules setting emission  
standards and operational requirements for certain types of NOx emission sources for the  
nonattainment areas.  
Additionally, existing Part 8 Rules addressing the “NOx State Implementation Plan (SIP) Call”  
federal program will be modified to address minor improvements suggested by representatives of  
the United States Environmental Protection Agency (EPA).  
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 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 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, 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.  
MCL 24.239  
RFR-Page 3  
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  
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