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March 3, 2003
Mr. Brian D. Devlin, Director Office of Regulatory Reform
Department of Management and Budget Ottawa Building - First Floor
611 West Ottawa
Lansing, Michigan 48933-1070 Dear Mr. Devlin:
SUBJECT: Request for correction of Michigan Administrative Code R 336.1811 pursuant to Administrative Procedures Act, Section 56(1), MCL 28.256;.(ORR #2000-056) Air Pollution Control Rules
The Department of Environmental Quality, Air Quality Division, as promulgating agency, is writing to request that the Office of Regulatory Reform exercise its discretion to correct an obvious error in the Michigan Administrative Code, pursuant to Administrative Procedures Act, Section 56(1), MCL 28.256.
The error is contained in R 336.1811(1)(a). The rule was recently promulgated as part of the rules for oxide of nitrogen emissions, ORR 2000-056, effective December 4, 2002. The certified version of the rule filed with the Office of the Great Seal contains an obvious error in that it was drafted with an incorrect number for the allocation set-aside pool. The affected subdivision in R 336.1811(1)(a) currently reads:
· “The department shall establish 1 allocation set-aside pool for each ozone control period for electric generating units and large affected units. The allocation set-aside pool shall be allocated 564 tons of oxides of nitrogen allowances in 2004, 2005, and 2006, and 28,150 tons in each year thereafter.” (Error highlighted.)
The language should read:
· “The department shall establish 1 allocation set-aside pool for each ozone control period for electric generating units and large affected units. The allocation set-aside pool shall be allocated 564 tons of oxides of nitrogen allowances in 2004, 2005, and 2006, and 1,452 tons in each year thereafter.”
The allocation set aside pool is correctly referenced in two other places in the oxides of nitrogen rules as follows:
· R 336.1810(1)(a)(iii): “For new source set-aside purposes described in R 336.1811, 564 tons in 2004, 2005, and 2006, and 1,452 tons in each year thereafter.”
· R 336.1811(1)(d)(iii): “If the allocation set-aside pool for the ozone control period for which oxides of nitrogen allowances are requested has an amount of oxides of nitrogen allowances less than the number requested, as adjusted under paragraph (i) of this subrule, then the department shall proportionately reduce the number of oxides of nitrogen allowances allocated to each oxides of nitrogen budget unit for the ozone control period so that the total number of oxides of nitrogen allowances allocated equals 564 tons in 2004, 2005, and 2006, and 1,452 tons in each year thereafter.”
Enclosed is a revised copy of R 336.1811. Please note this correction in the Michigan Register and the Michigan Administrative Code. If you have any questions about this transmittal, please contact me.
Sincerely,
Paula M. McAllister
Acting Regulatory Reform Officer 517-241-7396
PMM:MAH
Enclosure
cc: Mr. Steven E. Chester, Director, DEQ
Mr. Stanley F. Pruss, Deputy Director, DEQ Mr. G. Vinson Hellwig, DEQ
Ms. Mary Ann Halbeisen, DEQ Mr. Robert Irvine, DEQ
cc/enc: AQD, 2000-056EQ File