Environmental Law Alert: EPA Proposes Changes to Public Participation Requirements for Minor NSR Programs

Marina Thomas

EPA Proposes Changes to Public Participation Requirements for Minor NSR Programs

On July 7, 2026, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would revise the federal public participation requirements applicable to state minor New Source Review (NSR) permitting programs. The proposal would give states greater discretion to determine whether, and to what extent, public notice and comment should be required before issuing permits for minor stationary sources and minor modifications.

Currently, EPA regulations require state implementation plans (SIPs) with approved minor NSR programs to include minimum public participation procedures, including public notice, an opportunity for public comment, and agency notification requirements. EPA now proposes to remove those minimum federal requirements, concluding that the Clean Air Act does not mandate specific public participation procedures for minor NSR programs and instead affords states discretion to design permitting programs sufficient to ensure attainment and maintenance of the National Ambient Air Quality Standards (NAAQS).

Importantly, the proposal would not automatically change any existing state minor NSR program. Instead, states with EPA-approved minor NSR programs would continue operating under their current SIP-approved requirements unless and until they voluntarily submit SIP revisions that EPA approves. The proposal also would not affect public participation requirements applicable to Prevention of Significant Deterioration (PSD) permits, Nonattainment NSR permits, or Title V operating permits.

EPA states that the proposed revisions are intended to reduce administrative burdens on state and local permitting agencies while allowing them to tailor public participation requirements to the types of projects and level of public interest within their jurisdictions. The agency is accepting public comments on the proposal, including whether alternative regulatory approaches should be considered before issuing a final rule.

Why This Matters

If finalized, the proposal could provide states with substantially greater flexibility in administering minor NSR permitting programs. Rather than complying with federally prescribed minimum notice-and-comment procedures, states could determine the appropriate level of public participation based on their individual permitting programs and local circumstances.

However, the proposal would not, by itself, eliminate public participation in any state. Existing SIP-approved procedures would remain in effect unless a state affirmatively chooses to revise its minor NSR program through the SIP revision process and EPA approves those changes.

For Utah, this distinction is particularly important. Utah’s current minor NSR program includes robust public notice and public engagement requirements. Even if EPA finalizes this proposal, Utah’s existing procedures would remain in place unless the Utah Division of Air Quality elects to revise its SIP and EPA approves those revisions. Accordingly, it remains to be seen whether Utah will make any changes to its minor NSR program.

Practical Considerations

Project developers and facility owners should consider the following:

  • Continue following existing state requirements: Until any SIP revisions are adopted and approved, existing public notice and comment procedures remain in effect.
  • Monitor state implementation: If EPA finalizes the rule, each state will decide whether to revise its minor NSR program. Requirements may begin to differ more significantly among states over time.
  • Watch developments in Utah: Although the proposal would provide Utah with additional flexibility, Utah currently maintains a robust public participation process for minor NSR permits, and there is no indication at this time whether the state intends to modify those procedures.
  • Consider participating in the rulemaking: EPA is specifically requesting public comment on whether states should have broader discretion over minor NSR public participation requirements and on several alternative regulatory approaches before issuing a final rule.

If finalized, the proposal would represent a significant shift in the federal framework governing minor NSR permitting by moving decisions regarding public participation from the federal level to the states. Whether that results in meaningful changes will ultimately depend on whether individual states choose to revise their SIP-approved minor NSR programs.