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
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 proposed rules are necessary to maintain consistency across Michigan’s
rule parts and references to protocols and guidelines.
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.
These rules do not conflict with similar rules, compliance requirements, or other standards
adopted at the state, regional, or federal level. The proposed changes remove duplication of
references contained within R 336.1902.
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 referenced in the following Air Quality Division - Emissions
Measurements guidance for submitting test plans and reports:
“Format for Submittal of Source Emission Test Plans and Reports November 2019"
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
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?
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 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 changes have been drafted with input from stakeholders and address their
concerns as sufficiently as possible while still complying with the requirements outlined in the
CAA. The draft 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 rules being modified were last added/edited at different times ranging from March 19, 2002,
through October 24, 2009. Since then, the federal regulations and guidance, upon which these
rules were based, have been revised. The proposed changes will update Michigan’s 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?