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Proposed RuleSignificantOpen for Comment2026-136672026-07-07

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

Environmental Protection Agency

Abstract

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.

Action & Dates

Action
Proposed rule.
Dates
Comments. Comments must be received on or before August 21, 2026.

CFR References

Topics

Administrative practice and procedureAir pollution controlEnvironmental protectionIntergovernmental relationsReporting and recordkeeping requirements

Public Comment

Comments Close
2026-08-21 — Open for comment

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Environmental Protection Agency 40 CFR Part 51 [EPA-HQ-OAR-2025-1212; FRL-9632-03-OAR] RIN 2060-AV67 AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: 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. DATES: Comments. Comments must be received on or before August 21, 2026. Public hearing: If anyone contacts us requesting a public hearing on or before July 12, 2026, the EPA will hold a virtual public hearing on July 22, 2026. See SUPPLEMENTARY INFORMATION for information on requesting and registering for a public hearing. ADDRESSES: You may send comments, identified

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Full Document

Citation: 91 FR 41591