EPA proposes letting states decide how much public input minor air permits get

On July 1, 2026, the U.S. Environmental Protection Agency (EPA) proposed a rule that would revise how much federal-level public participation is required for certain “minor” air permits approved through State Implementation Plans (SIPs). Under the proposal, EPA would remove the existing federal minimum public participation rules for minor NSR programs in SIPs—meaning the practical level of notice and comment would be decided more by state and local air agencies than by a one-size-fits-all federal baseline.

What EPA proposed (and where the rules sit)

The proposed rule would update public participation requirements under 40 CFR 51.161 for Clean Air Act minor New Source Review (NSR) programs that are approved into SIPs. EPA says it is proposing to recognize in regulation that air agencies determine 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.

What would not change: “major” NSR public participation minimums

EPA also says the proposal is not revising the federal minimum public participation requirements that apply to major NSR programs (for major sources and major modifications), which are handled under different NSR frameworks.

What participation still exists for communities

Even if the federal “minimum” floor for certain minor NSR SIP elements is changed, communities would still have opportunities that depend on how the state or local air agency runs its permits. EPA notes that NSR provides opportunities such as:

• Commenting on NSR permits and requesting a public hearing before a permit is issued.
• Appealing permits after they are issued (with procedures depending on where the project is located).
• Raising compliance concerns with the permitting authority or EPA, and using Clean Air Act enforcement pathways when a facility is not complying with its permit requirements.

Deadlines and how to respond during the federal rulemaking

This is a proposed rule. EPA will accept public comments for 45 days after the proposal is published in the Federal Register. The pre-publication rule also describes a conditional virtual public hearing setup: if someone requests a hearing within 5 calendar days after Federal Register publication, EPA would hold a virtual public hearing on a date 15 days after publication.

Because those timelines are tied to the Federal Register publication date, readers should check the Federal Register notice and the docket for the exact calendar deadlines.

What to watch next at the local level

If the proposal is finalized, the key practical question becomes what your state or local air agency does with its minor NSR procedures next—especially how it updates notice, comment periods, and hearing opportunities (if any) for minor-source permits.

Communities can:

• Watch for how your state or local air agency describes public participation for minor NSR permit notices.
• If you have a specific project in the pipeline, track the state’s NSR permit steps for that project.
• Submit comments to EPA during the Federal Register-linked federal rulemaking window if you want to influence the federal baseline.

Sources

• EPA pre-publication proposed rule (PDF): “Minor New Source Review Program Air Permitting Public Participation Requirements for State Implementation Plans” (RIN 2060-AV67)
• RegInfo.gov rule listing: RIN 2060-AV67 (rulemaking tracking metadata)