Michigan Gets Easier Air Permits, Cutting Business Red Tape
Published Date: 11/18/2025
Rule
Summary
The EPA is giving a thumbs-up to Michigan’s updated air rules that make it easier for some small equipment and processes to skip the preconstruction permit hassle. This change helps businesses get moving faster while still keeping the air clean. The new rules kick in on December 18, 2025, and mainly affect companies in Michigan dealing with minor air pollution sources.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
Small emission units exempt if 'de minimis'
In Michigan, individual emission units with 'de minimis' potential emissions can be exempt from obtaining a PTI as of December 18, 2025. The exemption thresholds range from 0.1 tons per year for lead up to 10 tons per year for carbon monoxide, NOX, SO2, or total particulate matter; the greenhouse gas threshold is 75,000 tons per year reported as CO2 equivalents.
Vapor intrusion systems can skip PTI
If you install or operate a vapor intrusion mitigation system in Michigan, that equipment is exempt from the State requirement to obtain a preconstruction permit (PTI) starting December 18, 2025, provided the system is used exclusively to mitigate vapor intrusion off the release property and its exhaust meets the listed vertical and distance conditions (unobstructed upward; ≥12 inches above nearest eave or roof surface at penetration; >10 feet above ground; and >2 feet above or >10 feet away from windows/doors/other intakes).
Exemptions require recordkeeping and limits
Sources in Michigan that rely on the exemptions must keep descriptions, documentation, and calculations for the life of the emission unit to show potential emissions are below exemption thresholds; exemptions do not apply to activities subject to PSD or major NSR, nor do they exempt sources from other applicable requirements. These recordkeeping and applicability rules take effect December 18, 2025.
Exemptions become federally enforceable
EPA is incorporating the Michigan rule changes into the federal SIP, so the exemptions in Michigan R 336.1285(2)(oo) and R 336.1291 are federally enforceable under Clean Air Act sections 110 and 113 as of December 18, 2025.
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