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

Attached please find Attachments U-NN to the comments submitted by SELC et al. Attachments A-T were previously submitted to the docket separate to this filing, and Attachments OO-WW will be submitted to this docket separate from this filing. If you have any questions, please contact: Keri N. Powell Southern Environmental Law Center Ten 10th St NW, Suite 1050 Atlanta, GA 30309 (678) 433-6851 kpowell@selc.org

Attached please find Attachments OO-WW to the comments submitted by SELC et al. Attachments A-NN were previously submitted to the docket in batches separate to this filing. If you have any questions, please contact: Keri N. Powell Southern Environmental Law Center Ten 10th St NW, Suite 1050 Atlanta, GA 30309 (678) 433-6851 kpowell@selc.org

Attached please find joint comments by Environmental Defense Fund, Earthjustice, Sierra Club, Center for Biological Diversity, Southern Environmental Law Center, Natural Resources Defense Council, Environmental Law & Policy Center, Greater-Birmingham Alliance to Stop Pollution, Clean Air Council, Kentucky Resources Council, Air Law for All, Environmental Integrity Project, and California Communities Against Toxics opposing EPA's proposal to eliminate minimum public participation requirements for state and local minor New Source Review permitting programs. A table of attachments is attached. Attachments have been submitted separately to this docket, Comment Tracking Nos.mt3-7rqg-cqpz, mt3-7w61-v7k5, and mt3-7yt7-phjv.

Attached please find Attachments A-T to the comments submitted by SELC et al. Attachments U-WW will be submitted to this docket in batches separate from this filing. If you have any questions, please contact: Keri N. Powell Southern Environmental Law Center Ten 10th St NW, Suite 1050 Atlanta, GA 30309 (678) 433-6851 kpowell@selc.org

Attached please find Attachments 1-20 to the table identifying examples of state and local air permitting actions previously submitted to this docket by SELC. Attachments number 21-79 will be submitted to this docket in batches separate from this filing. If you have any questions, please contact: Keri N. Powell Southern Environmental Law Center Ten 10th St NW, Suite 1050 Atlanta, GA 30309 (678) 433-6851 kpowell@selc.org

Attached please find Attachments 21-40 to the table identifying examples of state and local air permitting actions previously submitted to this docket by SELC. Attachment numbers 1-20 were previously submitted to the docket separate to this filing, and attachment numbers 41-79 will be submitted to this docket in batches separate from this filing. If you have any questions, please contact: Keri N. Powell Southern Environmental Law Center Ten 10th St NW, Suite 1050 Atlanta, GA 30309 (678) 433-6851 kpowell@selc.org

Attached please find Attachments 41-46 to the table identifying examples of state and local air permitting actions previously submitted to this docket by SELC. Attachment numbers 1-20 and 21-40 were previously submitted to the docket in batches separate to this filing, and attachment numbers 61-79 will be submitted to this docket separate from this filing. If you have any questions, please contact: Keri N. Powell Southern Environmental Law Center Ten 10th St NW, Suite 1050 Atlanta, GA 30309 (678) 433-6851 kpowell@selc.org

Attached please find Attachments 61-79 to the table identifying examples of state and local air permitting actions previously submitted to this docket by SELC. Attachment numbers 1-20, 21-40, and 41-60 were previously submitted in batches to the docket separate to this filing. This is the final batch of attachments to the table. If you have any questions, please contact: Keri N. Powell Southern Environmental Law Center Ten 10th St NW, Suite 1050 Atlanta, GA 30309 (678) 433-6851 kpowell@selc.org

Attached please find a table identifying examples of state and local air permitting actions in which (a) public input lead to stronger air permits, (2) pending public comments identify critical air-quality-related concerns, and/or (3) there was extensive public involvement in the proceeding. These examples demonstrate that public participation is central to ensuring that minor NSR permits (or synthetic minor limits originally established in minor NSR permits) fulfill their statutory purpose of ensuring that new and modified sources do not cause or contribute to violations of the national ambient air quality standards. These examples were compiled by SELC and a coalition of partner groups that are separately submitting extensive comments opposing EPA's proposal to eliminate the minimum minor NSR public participation requirements for state and local minor NSR programs. The table and specific examples provided on the table are cited and discussed in those comments. The 79 attachments referenced on this table will be submitted to this docket in batches separate from this filing. If you have any questions, please contact: Keri Powell Southern Environmental Law Center Ten 10th St NW, Suite 1050 Atlanta, GA 30309 (678) 433-6851 kpowell@selc.org

Attached is a report by EPA's Office of Inspector General entitled "EPA Should Conduct More Oversight of Synthetic-Minor-Source Permitting to Assure Permits Adhere to EPA Guidance, Report No. 21-P-0175, dated July 8, 2021. The report documents the OIG's finding that EPA undertakes only limited oversight of synthetic minor permits, and that the permits frequently are deficient. The report identifies five actions EPA needs to take to improve oversight, including "take steps to assure that all states adhere to public participation requirements for synthetic-minor permits." The OIG's findings and recommendations refute EPA's contention in this rulemaking that public participation is not related to ensuring that minor NSR permits achieve their statutory purpose of protecting ambient air quality and preventing new and modified sources from causing or interfering with attainment of the NAAQS.

Attached is the EPA presentation used in the Fall 2022 Stakeholder Engagement Sessions entitled "Clarifying/Revising the Minor New Source Review Program for Air Agencies." Though EPA states that it "considered the resulting information [from the outreach sessions] to determine how to address the regulatory framework" in its proposal, "Minor New Source Review Air Permitting Public Participation Requirements for State Implementation Plans," 91 Fed. Reg. 41,491 (July 7, 2026), EPA did not place this presentation in the rulemaking docket. This presentation demonstrates that EPA did not include the complete elimination of minimum public participation requirements as a discussion topic at these sessions, but instead focused on ways to improve the effectiveness of the minor NSR program and improve accountability and transparency, while possibly streamlining public participation for actions pertaining to the very smallest emitters. Given EPA's purported reliance on input obtained from these outreach sessions, documentation of the questions presented by EPA to stakeholders provides important context for the state and local air agency input relied on by EPA as support for its proposed action.