Statement: EPA should withdraw proposal that would erase public notice and comment for air pollution permits

WASHINGTON, JULY 22, 2026 - Environmental Defense Fund joined other concerned Americans at an EPA hearing today to oppose an action that would take away the public's right to weigh in when facilities that put more pollution into our air are being built or expanded.

A Trump EPA proposal would allow states to eliminate public notice and comment in most air pollution permit proceedings. EDF is urging the agency to withdraw that proposal.

"The impacts of climate change on air quality have come into focus this summer, with communities across the country suffering from unhealthy air. This is a time to be expanding community input on air permitting decisions - not erasing it." said Environmental Defense Fund senior attorney Surbhi Sarang in her testimony today. "Public participation in the permitting process is a key safeguard for local air quality. Community members are uniquely positioned to share information on the impact of additional pollution on daycares and soccer fields where children play or to alert regulators to relevant community health issues."

EPA's proposal would revise protections, known as the Minor New Source Review program, that have been in effect since 1973. Since then, states and local air agencies have had to provide public notice and at least a 30-day comment period before deciding about permits for new or substantially modified large sources of air pollution. The new proposal would allow for preconstruction air pollution permits without that public notice or any opportunity for public comment.

While the name of the proposal says "minor" it would actually apply to all but the very largest sources of pollution. For instance, the Tennessee Valley Authority recently got permission to build two new methane-gas fired power plants with Minor New Source Review permits, and almost all new data centers would be covered under the program.

The public may submit comments to EPA through August 21st.

You can read Surbhi Sarang's full comments here.