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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 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, 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
MCL 24.239