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New Source Review (NSR) Permitting

Reasonable Possibility Rule Reconsideration - Response to New Jersey

EPA has determined that it is not necessary to reconsider its 2007 final rule “Prevention of Significant Deterioration and Nonattainment New Source Review: Reasonable Possibility in Recordkeeping.” On November 5, 2019 the Administrator sent a letter to New Jersey to share the decision with the state. In February 2008, New Jersey petitioned EPA to reconsider the rule claiming the state did not have the opportunity to meaningfully comment on an issue related to record-keeping. EPA requested comment on a proposed range of recordkeeping alternatives, New Jersey and others commented on them, and EPA’s final rule reflects those comments.

EPA’s 2007 Reasonable Possibility Rule defines when there is a “reasonable possibility” that a project may result in a significant emissions increase even though it was determined not to be a major modification and associated recordkeeping, monitoring and reporting requirements.  The purpose of this provision is to hold sources accountable for the projected emissions calculations they make prior to undertaking projects that they determine, based on those calculations, are not subject to major NSR permitting.

Read the letter below.

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  • Reasonable Possibility Rule Reconsideration - Response to New Jersey (PDF)(9 pp, 223 K, November 5, 2019)
    EPA has determined that it is not necessary to reconsider its 2007 final rule “Prevention of Significant Deterioration and Nonattainment New Source Review: Reasonable Possibility in Recordkeeping.” The Administrator sent this letter to New Jersey to share the decision with the state.