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 9. Emission Limitation and Prohibitions--Miscellaneous  
5. Rule numbers or rule set range of numbers:  
R 336.1901 - R 336.1974  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Cari DeBruler  
Email 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 R 336.1902, “Adoptions of standards by reference,” provides information for the  
reference material appearing throughout the Michigan Air Pollution Control Rules.  
The proposed rules provide revisions and additional adopted standards to support revisions pending  
or completed in other rule parts developed to fulfill the ozone requirements under the federal Clean  
Air Act, 42 U.S.C. 7401 et seq (CAA). The proposed revisions also consist of updates to reference  
prices to align with what is currently offered by the respective sources, including the Air Quality  
Division (AQD); and revisions to the publication dates referenced, the physical and web addresses  
listed in the rule to reflect the current information, and availability of these reference materials from  
their respective agencies.  
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(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 support additional rule  
revisions 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 proposed revision does not conflict with or duplicate any 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 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  
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.  
The proposed rule does not exceed any similar 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 rule has been drafted with input from stakeholders and address 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 evaluation of the rule was November 4, 2021. Since then, there have been minimal  
economic condition changes, such being the price of access to documents, which has changed the  
regulatory activity covered by the rules.  
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  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient policy and legal  
bases for approving the RFR. The RFR satisfies the requirements of the administrative procedures act of  
1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;