Proposed rule · 2026-13667

Minor New Source Review Program Air Permitting Public Participation Requirements for State Implementation Plans

The U.S. Environmental Protection Agency (EPA) is proposing to revise the public participation regulatory requirements for sources subject to Clean Air Act (CAA) New Source Review (NSR) programs approved into State Implementation Plans (SIPs). Specifically, the EPA is proposing to recognize in regulation that State and local air quality regulatory authorities ("air agencies") determine, pursuant to the CAA, whether, when, and to what extent public participation in minor NSR programs is necessary to assure the National Ambient Air Quality Standards (NAAQS) are achieved. If finalized, the changes effected by this rulemaking would provide State and local air agencies with greater discretion to identify the requisite level of public participation that is appropriate in their minor NSR programs, which regulate individual authorizations to construct minor stationary sources and minor modifications to existing stationary sources.