DATE: 

RE: 

g 

, 

Q

g 

July 23, 2014 

Revisions to Vermont's State Implementation Plan 

********************************************************************************************* 

Please find attached for your review and signature a revision to Vermont's State Implementation Plan (SIP) to be submitted to the EPA. Vermont is required to have a federally enforceable SIP that 

identifies how it will maintain the primary and secondary National Ambient Air Quality Standards 

(NAAQS) set forth in Section 109 of the Clean Air Act. This revision consists of amendments to 

various provisions of Vermont's Air Pollution Control Regulations. These rules, adopted on June 

20, 2014, include new and revised NAAQS as set by the EPA, clarify used oil permit exemptions, 

codify a five ton per year emission threshold for permit applicability, and change the permitting 

regulations to make them more consistent with federal standards. 

{. Uj'\t b\Ct 

If you have any questions, pleasel\me or Megan O'Toole. Please return the signed SIP package to 

Corie Dunn, and we will submit'the revision to EPA. 

To preserve, enhance, 1·estore, and conse1·ue Vermont's natura/resources, and protect human health,for the benefit of this andfuttu·e 

generations. 

David Conroy 

EPA - New England, Region I 

5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

RE: Vermont State Implementation Plan Submittal for Revisions to Vermont Air Pollution Control 

Regulations Including Subchapter Ill (AAQS) and Subchapter V (Permitting) 

Dear Mr. Conroy: 

Please find enclosed Vermont's submittal for revisions to the Vermont State Implementation Plan (SIP) to 

incorporate amel')dments to the Vermont Air Pollution Control Regulations (VAPCRs) including updates 

to Subchapter Ill (Ambient Air Quality Standards) and Subchapter V (Review of New Air Contaminant 

Sources). The Subchapter V amendments are primarily intended to adopt the PM2.5 permitting provisions 

into the state major source permitting program, however additional changes were made to the state 

permitting program to reflect current permitting practices for determining sources subject to permitting as 

well as clarifications and minor modifications to existing permitting requirements.. Enclosure 5 provides a 

detailed list of the revised regulations being submitted for SIP approval. 

In support of this submittal, please find enclosed the following additional documents: 

Enclosure 1. A copy of the public notice 

Enclosure 2. Certification pursuant to 40 CFR §51.1 02 

Enclosure 3. List of witnesses, summary of comments received, and responses to comments 

Enclosure 4. SIP technical support document 

Enclosure 5. List of revisions to VAPCRs to be included in VT's SIP 

Enclosure 6. Annotated version of recently adopted amendments to VAPCRs to be included in VT's SIP 

Enclosure 7. Full text of VAPCRs effective July 5, 2014 

If you have any questions, please contact Elaine O'Grady at (802) 343-7221 , by email at 

Elaine.Ogrady@state.vt.us, or in writing at the above address. 

Si cer. 

u , Commissioner 

Department of Environmental Conservation 

cc: Ida McDonald, EPA Region I 

Elaine O'Grady, AQCD 

Enclosures 

Regional Offices - Barre/Essex Jet/Rutland/Springfield/St. Johnsbmy 

ADEQUACY REGARDING CLEAN AIR ACT SECTIONS 110(a)(1) AND (2) 

State of Vermont 

Department of Environmental Conservation 

Air Quality and Climate Division 

july 25, 2014 

VERMONT 

FOR AIR QUALITY 

1l1i5 wEb paoe b iUended to JlfO'r1& flfonn=Uw on req;Jctay d\cnqes to the VNmMI Air Poi"'utitm C«tUoJ The adcption of new rf9,Jictioos or 

amft"dmeots of ai5tinQ 5\t:jttt to the ldrnirnsintive rult zdtirtiOO procedures of Tlle 3 !irttlr.<fesAr.notatedOiaptH 2S 

Pf(Kedure5 Art or ·APA1 gavtmed b-1 the Seafta'y of Sta(e. Tht APA rfQI.ifes an AotnCY Pfoposino requ'atct)' amendments to f\IBow ceftlin steps and COI'II4)lete 

forms dttllbto rna proposed 

Amendments to Subchilpter III Ambient AJr Stmdards, Vennont Air Pollution Control RegulaUons: The AQMcy of Uilturol RtsiJUI'CES, thrco;h tM 

ur Qua'ity and aJrrute 0.-.ASion in the Oepcnmem of Envtronmtf1ta:l is to Sobdupc:H m AmblrotA'f Quaf)y Stindirds iiind 

sevtra1 other minor tD the VEmloot Nr Pclbtfon Cora<ll noted below. The primary purpose of thH: rufM\.limo !.; to update V«mcnfs ambltnt 

a!r QU-ilty sbr!licrds for NrtJOJbte matiH, cfntrooen. sulfur di'Olide, ozDM, Gtld lead to milk.e thtm ccnststent with the AmblMt AJr Qua\ty Stin:f;.rck (UAAQS), \..tuch is rfQ!lired to mfft \mdtf the falml Clean Nr Act (CAA}. Hii'W darifylno amendm«.ts are also prOf)osed for the pennittinQ r!Q'.Gtions. A 

mlnor ls: ako f01 USfd oft ccmbtskf'l, tnlno up tht rule wlh VMMnt Hazardous Waste Rufes iind sttling a new throoohput 

thrE'Shold. A minor imEOdmmt is pro;osed to dati(y tha: !OOI.I'cg than fr1e tons ptt year of tmlssions do not rfQitre a perm..'t. 

A public he.ilrlniJ on OJC"'S'IdmKrts 1WI be on WMdJy Februlry 3rd at 6:00 PJ·I at AuditoBJm In the Pavilion Office 109 State StrHt, 

Vtl'mOill Tht dut.'lil.e f¥ commmts ts MoM;;y, Ftbnnry Uth.. The put;Uc commfflt pfrtod and hecMQ for this rule .,.,ill i!so serve i.'S the commMt pertod 

and heartng undk 40 c.F.fl § SL102 ru C()tresoenifn\1 rf\isicns to Vermont's Sbte Imclfementation Pbn {SIP) to compfywth the CAA. 

fJoa1 Proposrd Rute Adrn!JtStmMt proqdns Forms (as submt.ttd to LCAA) 

• 5111JU !nfoqntUOf!tl 

motlklQ on kMrtog 

of ttte alfowe.d suttur contJnt of fuel s commcocfng July lit 

1!ill. 

• 2JI4JI4 A4gpftd 

ilmtf)!tntn ts to the low 

tmlssicmyttJicleRJies 

v 

Subsufbe 

APACOnb>ctlnfo 

&arch Rules 

Deadline For Public Comment 

Oeacllne: Feb 10, 2tl14 

The deadline for public ccmment hat uplred. Conlad the agency or primary con tad person listed below ror asslsliillce. 

RuteNumter; 

Trtle: 

T)pe: 

status: 

.A.oencr. 

legaJ.-.ulhortty. 

Summary: 

Persons .AJTecteCI: 

Economic Impact 

Poslfno dat-a: 

Hearing lnfonnatlon 

Hearing date: 

location: 

Address: 

City: 

Stale: 

Zip: 

tloles: 

13P047 

Amendments to J.Jr Pollution Conllol Regulations 

Standard 

Adopted 

Agency of Natural Resources 

10V.SA553,10V.SA554(2)and(11) 

Tht f'lmary porpose of lhls rutemaxtno Is to upd3te Vtrmonrs ameienlalr qualltJ standardS for 

paiUQllate matter. oJJdes of nitrogen. suttur cfo»M, OZDne, and lead to ke them consistent 

w.11h tht Uatfonal Ambient Air Quality Standards (NM.QS) M'llch Vermont Is requktd to meet 

under the ftderat cre:mJ.Jr Ad (CM). Uinor darit;,ng amene%ments are 3Jso proposed for the 

l)trmitfing regulations. A minor amendment is also proposed for ustd oil combustion, CI'Uing up 

lha Nltv.fltl Vtrmoni Haz.ardoui Waste Uanagement Rules :and setting a new throughput 

ttuashold. A minor amendment Is also ~rcpose<lto dartt(lh31 most sources tess tnan tt ... 1Dns 

per )'tar of emissions do not require a p-ermit The putric comment period and hearing for lhls 

rule wtQ also seMI as the comment pes1od and hearing under 40 C.F.R § 51.102 fo r 

coresponding reo.1slons to Vermonfs State implementation Plan {SIP) to comptywtth ttlt OA 

Fadlrtits that bum uud oil; fadlities requiringJir Pollution Control Permits; oth11 facilrUu that 

amlt alr pollution; the general public that is exposed to air polfUUon; and tnt U.S. Err.ironmtnl31 

Protection Agency {EPA). 

Economlclmpadls anC:dpaledto be mlnimat UpdatingVermonrs ambient alr qualrty 

standards to renect the NMOS. wtrld\ already a~pty to Vermont under federal law, YAII eliminate 

con ruston and allow vermont to meet SIP requirements under the CM. The rematntno 

provisions preelomlnalelydarit( or codify e.dstlng practice w;th the excepUon of the used on 

rt\islons, wt.lth wlll now prO'o'lde relief to anytadlity that tlums tess than 5.000 gallons per )·ear 

f3lher tnan Just to small tuel burnt no equipment 

Dec25.2013 

fnformatlon for Heartng •1 

02·03-20 146:00 PM Wl•)·ll•i)·!O) iiii!J•Ii M 

Pa\ilion AuditoOOm 

109 Sblt Slrtel 

Montpelier. 

VT 

05820 

httpr//stc:ute.vtlmonLgov/S05{rul6/indaphp 

Contact Information 

lnfonn1tson tor Primary Contact 

PRIMARY CONTACT PER SOli-A PERSON WHO IS ABLE TO ANSWER OUESnOIIS ABOllrTHE CONTE! IT OF THE RULE. 

le\·eJ: 

Name: 

Agency: 

Address: 

Cit(. 

State: 

Zip: 

Telephone: 

Fax: 

Em air: 

Webstte Address: 

Primary 

Doug 

Agency of Natural Rescurcu 

AlrOuaiJ!y & Climate OMs ton 03\is 2. One National Ufe Ortvt 

MoniPGiior 

VT 

05620·3802 

802-377-5939 

802·828·1399 

cSoug.etlloU@stale . ..t.us 

Mil !.IIJ·i I II 18 

hUp'JMww.anr.stale.'ftuSialrJhtml'roposecwnendnlents.htm 

M i illiiii!IW 

lnfom1aUon for Secondary Contact 

SECONDARY CONTACT PER SOli- A SPECIFIC PERSON FROM WHOM COPIES OF AUNCS MAYSE REQUESTED OR WHO IAAY ANSWER 

QUESTlONSABOIJTFQRUS SUIIMITTED FOR FlUNG IF DIFFEREIITFROU THE PRit.IAAY CONTACTPERSOO. 

level: 

Name: 

Agency. 

M<kess: 

City: 

State: 

Zip: 

Telephone: 

Fax: 

Email: 

Website Address: 

Seconcbry 

ElalntO'Grod)' 

AotncyofNaturaJ Resources 

!Jr auafi~ & CRmalo OMslon 03\is 2, One Nallonalute DIM> 

Montpener 

VT 

05020-3802 

802-343·7221 

802-1128-1399 

e•atne ograd)'@state.'t1.us 

WI! ••• II·' I .... http:JtwwN.an us/a!rl1llmiPro~osedAmendments tm + h JMiiiii!W 

v 

for admuust.rative rules are 

now also av.IJJable 

online at ~ yermont-iuchlyes.org/anarutestpynotrcgs.hlm. The law requires an 

agency to hold a pabllc heart.ng on a proposed rule, 1f requested to 

do so ln writing by 25 persons or an assoCiation havlllg at least 25 

members. 

Th make speCial arraogem~ for Individuals witb diSabilities or 

special needs 

please call or write tbe contact person listed below 

as soon as possi

ble. 

To obtain further Information concernJngany scheduled heMlng(s). 

obtain copies of proposed rule{s) or submit comments regarding 

proposed rule{s), please call or write the contact person liSted 

below. You may alSo submJt comments 10 writi

ng to the Legtslatwe 

Committee or Adm.1.01St.ratlve Rules, State Ho

use, Montpelier. 

Vermont 05M2 (828-2231) 

Amendments to Air 

Pollution Control RegulatJons 

Vermont Proposed Rule: 13P047 

AGENCY: Vt. Agency of Natural' Resources 

CONCISE SUMMARY: The 

prilnary purpose 

of tbls rulemaklng Is 

to update Vermont's ambient a li quality standards for 

particulate 

matter, oxides of nitrogen, sulfur 

dioXide, orone, and lead to 

make tbem conststent with the National Ambient Air Quality 

Standards (NAAQS), which Vermont IS req

uired to meet under 

the federal dean Atr Act (CAA}. Minor clarifying amendments are 

also proposed for the permitting regulations. A cntnor amendment is alSO proposed for used oil combustion, trUing up the rule with 

Vermont Hazardous Waste Management Rules and setting a new 

throughput threshold. A minor amendment Is also proposed to 

clarify that most sources less than five tons per year of emissions do not requue a ~rmJt. The pu

blic comment pertod and hearing 

for this rule will also serve as the comment period and hear10g 

under 40 C.F.R. § 51.102 for correspondi

ng revtsions to Vermonrs 

State Implementation Plan (SIP} to comply 

with the CAA. 

FOR FURTHER INFORMATION, CONTACT: Doug Elliott, Agency 

of Natural Resources, Air Quality & Climate Divtston. DaviS 

2. 

One National Life Drive, Montpelier, VT 05620-3802 TeL 802-

3n-5939 Fax: 802-828-1399 EMa.tl: 

dg

yg,elltott®st,ate,vt,ys. URL: 

httod(Www agr,state,yty§{alr/htmiPropgse

M me

gdme

gts,

htm. 

For Copies: Elame O'Grady, Agency of Natural Resources, Air Quality & Climate DlvlS!oo, Davis 

2. One National Ufe Drive, 

Montpelier, VT 05620-3&02 Tel: 802-343-7221 Fax: 802-828-1399 

EMail: ela ine Q2rady

®sQtg_vt us 

CERTIFICATION PURSUANT TO 40 CFR § 51.102 AND APPENDIX V OF 40 CFR 

PART 51 

constitution, as applicable. Public notice of the proposed revisions to Vermont's State 

Implementation Plan (SIP) was posted online on December 31, 2013 on the AQCD website 

(http:/ jwww.anr.state.vt.usjair/htm/ProposedAmendments.htm#Subchapteriii), online 

on December 25, 2013 on the Secretary of State website 

(https:/ jsecure.vermont.gov /SOS/rulesj index.php) and published on January 2, 2014 in 

the Secretary of State's newspapers of record. The public was provided with the 

opportunity to comment until February 10, 2014. The public notice included notice of a 

public meeting to be held on February 3, 2014 at 6:00pm in the Auditorium in the Pavilion 

Office Building located at 109 State Street in Montpelier, Vermont. The public meeting was 

held as scheduled and there were no attendees other than AQCD staff conducting the 

meeting. 

~~-c:-~ L - Elaine O'Grady .-> 

Certifying Officer 

N

S

V

RULES 

NOTICES OF RULEMAKING 

N ..W EllS OF £011tD 

RULE ON RULEMAKING 

APAHlRMS 

FiliNG TOOLS 

Newspapers of Record 

The Office of the Secre\ary of Slate publishes one formal 

notice In an approved !lsi of newspapers providing general 

coverage across lhe s1a1e as the Newspapers of Record 

{see 3 v SA § 639 for aetalls). Note: The most recent 

changes to 3 V.SA § 839 appear In Act No. 1 of 2013 § 79. 

Tlle Office of the Secretary of Stale publishes notices of 

adminiStratiVe rules In llle follOWing newspapers, in 

accordance w\111 3 V.SA § 839: 

• Burtington Free Press 

• Rutland Herald 

• Caledonian Record 

• nmesArgus 

• Vermont Lawyer 

• Tlle Valley News 

• Mdtson Independent 

• Bennington Banner 

• BralUeooro Reformer 

• The ChroniCle 

• Newport Dally Express 

• News & Citizen I Transcrtpt 

• St. Albans Messenger 

• White River Valley Herald (a.k.a. Herald of Randolph) 

• Islander 

NOncE OF RULEMAKING 

Proposed Rules Postlngs 

NEED HELP ... 

Wrth a OuesllOn? 

Fin<fing our omce? 

v 

RESPONSIVENESS SUMMARY 

List of Witnesses: No members of the public attended the Regulation and SIP hearing on February 3, 2014. In 

addition, no public comments were submitted. The only comments received were from the U.S.EPA provided 

by letter dated February 4, 2014 from Ida McDonnell, Manager, Air Permits, Toxics and Indoor Programs Unit. 

Vermont's responses to these comments are presented below. 

RESPONSIVENESS SUMMARY 

PROPOSED AMENDMENTS TO AIR POLLUTION CONTROL REGULATIONS 

AND REVISIONS TO VERMONT'S STATE IMPLEMENTATION PLAN (SIP) 

May 19, 2014 

List of Commenters: 

1. Ida E. McDonnell, Manager, Air Permits, Taxies, and Indoor Air Programs Unit, U.S. 

Environmental Protection Agency, Region 1. 

2. There were no other public comments received. 

Summary of Comments and Responses: 

1. Comment: When Vermont submits the adopted revised regulations to EPA as a State 

Implementation Plan (SIP) revision, the state should clearly indicate which regulations it is requesting 

to be incorporated into the SIP. Specifically, unlike the state posting of the proposal that showed all 

air regulations and noted changes with redline/strikeout, the SIP submittal should only include those 

regulations that the state is asking to be incorporated into the SIP. If a rule is not meant to be part of 

the SIP it should not be included in the package or it should be crossed out 

Response: Vermont will clearly denote in its SIP submittal which regulations are to be included and 

which are not 

2. Comment: Section 5-101: The last clause in the definition of "Municipal Waste Combustor Acid 

Gases" may be redundant EPA suggests Vermont edit the definition as follows: "Municipal Waste 

Combustor Acid Gases (measured as sulfur dioxide and hydrogen chloride)" means all acid gases 

emitted in the exhaust gases from MWC units including, but not limited to, sulfur dioxide and 

hydrogen chloride gases, measured as sulfur dioxide and hydrogen chloride." 

Response: Vermont has made the suggested change striking "measured as sulfur dioxide and 

hydrogen chloride" from the definition. We have also struck similar language from the next three 

similar definitions as the language was similarly redundant 
definition table of significant emissions. 

4. Comment: Section 5-401 (a)(5) proposes to narrow the definition of an air contaminant source for the 

mineral product crushing operations, portable sand and gravel plants, and crushed stone plants 

based on the capacity of the operation or plant. Section 5-501 (1) of the Vermont SIP all new 

or modified sources classified as air contaminant sources to obtain a permit. Therefore the narrowing 

of the definition of an air contaminant source has the effect of narrowing the universe of sources 

required to obtain a new source review permit. Vermont will need to demonstrate the proposed 

narrowing of permitted sources adequately addresses the following Clean Air Act (CAA) provisions 

and EPA's implementing regulations. 

a. Section 11 O(a)(2)(C) of the CAA requires SIP approved programs to permit new or modified 

sources as necessary to assure NAAQS are achieved. Vermont will need to demonstrate that 

after narrowing the universe of permitted sources, the state NSR permit program will still meet 

this section of the CAA. 

b. Section 11 0(1) of the CAA requires EPA to disapprove a SIP revision if that revision would 

interfere with any applicable requirement concerning attainment, reasonable further progress, or 

any other applicable requirement of the CAA. This provision is sometimes referred to as one of 

the CAA antibacksliding provisions. Vermont will need to demonstrate that the emissions 

increase (if any) resulting from narrowing the universe of sources needing a permit will meet this 

provision of the Act. 

c. In order to meet the requirement of 40 CFR 51.160(a)(2), Vermont must demonstrate emissions 

from the sources it is proposing to exclude from permitting will not interfere with attainment or 

maintenance of a NAAQS. 

It may be possible within the demonstration to use the sarne supporting information for the different 

requirements discussed above. 

Response: Vermont has determined that em1ss1ons from mineral product crushing operations, 

portable sand and gravel plants, and crushed stone plants below the NSPS threshold of 150 tons per 

hour capacity, which still must comply with section 5-231 (4) to take reasonable precautions to prevent 

fugitive particulate matter, to not interfere with maintenance of the NAAQS. Vermont will make such 

demonstration in the SIP submittal. 

5. Comment: Section 5-401 (b) also proposes to narrow the definition of air contaminant source based 

on the size of a source's emissions. Vermont will need to provide a demonstration similar to the one 

needed for the narrowing under section 5-401 (a)(5). 

Response: Again, Vermont has determined that such minor source as will be exempt from permitting 

under the proposed regulations will not interfere with maintenance of the NAAQS. Vermont will make 

such demonstration in the SIP submittal. 
under the federal regulations, the calculation can also result in higher emissions if there are more 

creditable increases than decreases during the contemporaneous period. If that was the case, 40 

CFR 51.166(b)(23)(iii) would require the source to determine its impact on the class I area using both 

the emissions from the "net emission increase" as provided under EPA's regulations and the project's 

allowable emissions. Vermont's rules do not address the "net emission increase" element. 

Response: Section 5-501 (5) is equally as stringent as the federal requirement. Although EPA 

correctly notes that Vermont's permitting program does not allow for netting decreases (see definition 

of modification in section 5-101 stating that "regardless of any emission reductions achieved at the 

source") under 5-502(1)(b), which applies to all major sources and major modifications constructed 

after July 1, 1979, all prior modifications not previously reviewed under the section are aggregated 

even if outside the contemporaneous period. Thus while Vermont regulations do not use the term 

"net emission increase", the aggregation of prior increases not previously reviewed under 5-502 along 

with not allowing credit for emission reductions would be expected to result in equal or greater 

applicability under Vermont regulations than federal requirements. In addition, while we are not 

proposing this for inclusion in the SIP, these Class I provisions are contained in 5-501 and thus apply 

to both major and minor sources rather than only major source as with the federal program. 

7. Comment: Section 5-502(4)(a): There are three impact analyses required by 40 CFR 51.166. Forty 

CFR 51.166(k) requires the proposed source or modification to demonstrate that allowable emissions 

increases from the source would not cause or contribute to air pollution in violation of any NAAQS 

and increments. Forty CFR 51.166(m) requires an air quality analysis for all pollutants that the 

source would have the potential to emit in a significant amount and for all pollutants with a significant 

net emission increase for a modification. Finally, 40 CFR 51.166(o) requires an impact analysis on 

the impairment to visibility, soils, and vegetation. Subsection (o) also requires an analysis of the air 

quality impact projected for the area as a result of general commercial, residential, industrial, and 

other growth associated with the source or modification. Vermont's rules do not fully address these 

impact analyses. 

As currently drafted, it is unclear as to whether section 5-502(4)(a) or (b) is written to meet the air 

quality impact analysis required by 40 CFR 51.166(k)(1)(i). However, if section 5-502(4)(a) is 

intended to apply, that provision does not adequately address all NAAQS. First that provision of 

Vermont's rules limits the requirement to perform a source impact analysis to those areas designated 

attainment. Since Vermont's air quality has not received a designation for the 2010 1-hr S02 

standard, an argument could be made that an air quality impact analysis is not required by the 

proposed rule to address the 1-hr S02 standard, which would be inconsistent with EPA's regulations. 

This language could also inappropriately excuse a source from performing the required analysis when 

an area is designated unclassifiable. The proposed rule also appears to exempt ozone, which is a 

NAAQS pollutant, from the air quality impact analysis by excluding sources that emit volatile organic 

compounds from the requirement to conduct an analysis. Similar to the approach Vermont used to 

revise its regulations for greenhouse gas emissions, EPA suggests Vermont simply incorporate by 

reference 40 CFR 51.166(k)-(p) in section 5-502(4) to address the deficiencies. 

Alternatively, Vermont could revise its rules as follows: 
any national ambient air quality standard or maximum allowable increase in any air 

quality control region. 

(a) For any such air contaminant (other than nonmethane hydrocarbons) for which 

such a standard does exist, the analysis shall contain continuous air quality 

monitoring data gathered for purposes of determining whether emissions of that 

pollutant would cause or contribute to a violation of the standard or any maximum 

allowable increase. 

(ii) an analysis of ambient air quality in the area that the major stationary source or major 

modification would affect for each of the following air contaminants : 

(a) For the source, each air contaminant that it would have the potential to emit in a 

significant amount; 

(b) For the modification, each air contaminant for which it would result in a significant 

net emissions increase. 

(c) With respect to any air contaminant for which no National Ambient Air Quality 

Standard exists, the analysis shall contain such air quality monitoring data as the 

Secretary determines is necessary to assess ambient air quality for that air 

contaminant in any area that the emissions of that air contaminant would affect 

(d) Post-construction monitoring. The owner or operator of a major stationary source 

or major modification shall, after construction of the stationary source or 

modification, conduct such ambient monitoring as the Secretary determines is 

necessary to determine the effect emissions from the stationary source or 

modification may have, or are having, on air quality in any area. All monitors 

required under this section shall meet the requirements of appendix B to part 58 

of this chapter during the operation of monitoring. 

(iii) An analysis of the impairment to visibility, soils, and vegetation that would occur as a 

result of the source or modification and general commercial, residential, industrial, and 

other growth associated with the source or modification. The owner or operator need not 

provide an analysis of the impact on vegetation having no significant commercial or 

recreational value. 

(iv) An analysis of the air quality impact projected for the area as a result of general 

commercial, residential, industrial, and other growth associated with the source or 

modification. 

Response: The proposed revisions to 5-502(4)(a) were only intended to be simple clarifications of 

existing requirements within the previously SIP approved major source and major modification 

permitting program and better align those requirements with Part 51. EPA's request for inclusion of 

missing SIP elements is beyond the scope of this current rulemaking. However, Vermont will 

consider more substantive amendments at a later date to more closely align our program with Part 

51. To the extent we could incorporate the current comments we have. The proposed changes to 5-

502(4)(a) have been stricken and instead only the existing language that previously exempted volatile 

organic compounds has been removed. 
quality standards as established by EPA Elesi§na!eEI nonaltainmenl area for the above air 

contaminants. A source or modification will be considered to significantly contribute to, a 

violation of any ambient air quality standard for the above air contaminants if, at minimum, 

the increase in the allowable emissions from the source or modification will cause any 

increase in ambient concentrations of the above air contaminants in any locality that does not 

or would not meet the national ambient air quality standards as established by EPA IRe 

Elesi§naleEI nonaUainmenl area in excess of any of the levels of significant impact shown in 

Table 3 herein. If a source or modification will cause or significantly contribute to such a 

violation, the evaluation shall demonstrate that the source or modification will comply with the 

requirements of paragraph (6) herein. 

Response: Vermont has made changes to this language to address this comment. The proposed 

language now reads " ... and will not significantly contribute to a violation of any applicable ambient air 

quality standard in any area that does not or would not meet the applicable ambient air quality 

standard for the above air contaminants .... any area that does not or would not meet the applicable 

ambient air quality standard in excess of ... ". 

9. Comment: The proposed revisions to section 5-502(4)(c) appear to amend the state's rules to allow 

for one of the optional SIP element contained in 40 CFR 51. 166(p). Although additional regulatory 

language may be needed to fully address this optional element, there appears to be missing elements 

regarding the calculation of increment consumption. Vermont should address these missing 

elements and any additional language necessary to meet the optional element of allowing a source to 

be issued a· permit even though the permit would allow the source's emissions to consume more than 

the available Class I increment. 

Response: Vermont has removed all language that added this optional SIP element. 

10. Comment: Section 5-502(4)(e) is inconsistent with 40 CFR 51. 166(p) because the state's proposed 

rule limits the Class I air quality analysis to sources within 100 km of a Class I area unless the state 

determines an analysis is warranted if the source is over 100 km away. EPA's regulations do not 

contain any such restriction. In accordance with 40 CFR 51. 166(p)(3), the state rule must provide a 

mechanism for the Federal Land Manager to demonstrate the proposed source's or modification's 

emissions of any source required to obtain a PSD permit is causing an adverse impact on air qualityrelated values, regardless of its distance from a Class I area. Vermont should remove the 100 km 

restriction from the proposed rules. 

In addition, the section's title "Class I Federal Area review" implies it will contain the PSD permit 

requirements specific to Class I areas which are found at 40 CFR 51.166(p). This section of the 

federal rules consists of seven subsections, of which four are mandatory SIP elements (paragraphs 

(1)-(3) and (7). Section 5-502(4)(e) of Vermont's rules do not address all of these required elements. 

Vermont should address the missing elements. 
amount of increment a proposed project may consume and how much increment is available. At this 

time, EPA is not commenting on the section(s) of Subchapter V which regulate how available 

increment is calculated and the methods used to determine how much increment a project is 

proposed to consume. 

Response: Vermont acknowledges this comment. 
TECHNICAL SUPPORT DOCUMENT 

FOR 

VERMONT STATE IMPLEMENTATION PLAN SUBMITTAL 

FOR REVISIONS TO VAPCRs INCLUDING SUBCHAPTER I (DEFINITIONS), 

SUBCHAPTER III (AAQS), SUBCHAPTER IV (OPERATIONS AND PROCEDURES) 

AND SUBCHAPTER V (REVIEW OF NEW AIR CONTAMINANT SOURCES) 

JULY 25,2014 

JULY 25, 2014 

Introduction 

The Federal Clean Air Act Amendments of 1990 (CAA) give the States primary responsibility for 

achieving the National Ambient Air Quality Standards (NAAQS). The NAAQS are established by 

the U.S. Environmental Protection Agency (EPA) as the maximum concentrations in the 

atmosphere for specific air contaminants to protect public health and welfare. The principal 

mechanism at the state level for complying with the CAA is the State Implementation Plan (SIP). 

A SIP outlines the programs, actions, and commitments a state will carry out to implement its 

responsibilities under the CAA. Once approved by the EPA, a SIP is a legally enforceable 

document under both state and federal law. · 

Purpose 

The purpose of this document is to provide further discussion and support for the State 

Implementation Plan (SIP) submittal for revisions to the Vermont Air Pollution Control 

Regulations (VAPCRs) including revisions to Subchapter I (Definitions), Subchapter Ill (Ambient 

Air Quality Standards), Subchapter IV (Operations and Procedures) and Subchapter V (Review 

of New Air Contaminant Sources). The revisions to Subchapter Ill are intended to adopt all new 

and revised NAAQS making Subchapter Ill consistent with the federal NAAQS. The revisions to 

Subchapter V are primarily intended to add the PM25 permitting increment and significant 

impact level provisions to permitting requirements. Further changes were also made to 

Subchapter IV and Subchapter V to reflect current permitting practices for determining sources 

subject to permitting as well as clarifications and minor modifications to existing permitting 

requirements. 

Discussion 

Enclosure 5, List of Revisions to VAPCRs to be Included in Vermont's SIP, provides a detailed 

list of the specific regulatory revisions that are being submitted for inclusion in the state SIP. 

The discussion below provides further detail regarding many of these revisions. 

Subchapter I, 5-101. Several new definitions were added and several existing definitions were 

revised. Most notably, and all consistent with federal permitting regulations under 40 CFR Part 

51, the revisions include: revising the table within the definition of "significant" to remove 

Asbestos, Beryllium, Mercury and Vinyl chloride; adding new terms for Municipal waste 

combustor acid gases, Municipal waste combustor metals, Municipal waste combustor organics, 

Page 1 of 3 
definition was originally added to exempt this source category while the Control Techniques 

Guideline (CTG) was being developed and adopted. The original source category for this CTG 

was the surface coating of wood and was subsequently changed to wood furniture 

manufacturing operations. Since wood furniture manufacturing operations are now regulated 

under 5-253.16 they are not subject to 5-253.20 due to the exemption in 5-253.20(a)(1), and the 

exemption in 5-253.20(a)(3) is no longer necessary. The exemption was removed to clarify that 

only wood furniture manufacturing operations subject to 5-253.16 are to be exempt and that the 

exemption was never intended to apply to other surface coating of wood operations, such as 

prestaining operations, that are not subject to 5-253.16. 

Subchapter Ill. These revisions are being submitted in their entirety and are consistent with 

federal National Ambient Air Quality Standards. 

Subchapter IV, 5-401. Generally, these changes are intended to codify long standing practice 

and policy regarding lower cutoffs for permitting purposes where no threshold was previously 

established. 

5-401 (a)(5) adopts the New Source Performance Standard (NSPS) threshold for non-metallic 

mineral plants. The thresholds of 25 tons per hour for fixed plants and 150 tons per hour for 

portable plants is estimated to cover the vast majority of both the crushing plants in the state 

and the vast majority of the emissions from all crushing plants since these are the larger 

operations. Vermont currently has issued permits to approximately 76 crushing operations, 

fixed and portable combined. All of those permits will remain in effect. While many crushers 

operate at an actual rate below the 150 ton per hour threshold, most have a maximum rated 

capacity above the threshold. Since Vermont bases the threshold on the maximum rated 

capacity we do not believe there are a significant number of unpermitted crushing operations 

below that threshold. Further, the provisions of Subchapter II related to 5-211 (Prohibition of 

Visible Air Contaminants), 5-231 (1) (Prohibition of Particulate Matter - Industrial Process 

Emissions), 5-231(4) (Prohibition of Particulate Matter- Fugitive Particulate Matter), and 5-241 

(Prohibition of Nuisance and Odor) would continue to apply regardless of permit applicability. 

These provisions provide sufficient authority to regulate potential emissions from unpermitted 

operations and ensure such facilities would not have a significant impact on Vermont's ability to 

attain the particulate matter NAAQS. 

5-401 (b) again is intended to codify long standing practice and policy regarding lower cutoffs for 

permitting purposes. As this provision is not, in effect, narrowing the universe of permitted 

sources, there is no potential for backsliding, or interference with attainment and maintenance of 

the NAAQS. Furthermore, the threshold of five tons per year of all contaminants combined is 

consistent with the applicability threshold of Subchapter VIII (Registration of Air Contaminant 

Sources). The five ton threshold only applies to the following categories of sources under 

section 5-401 (b): (3) Electrical power industries, (4) Wood products industries, (7) Metal melting 

and reclamation furnaces, (8) Metal fabrication processes, (9) Surface finishing and coating 

operations, including application of paints, lacquers, solvents and related materials, (10) 

Page 2 of 3 
significant impact on Vermont's ability to attain the respective NAAQS. 

Subchapter VI, 5-406. Regulation 5-503 related to indirect sources and was repealed by statute 

effective February 8, 2011 and the reference to it in 5-406 has been removed. The word 

"diffusion" has been replaced with "dispersion" the more common term today for air quality 

impact evaluations. Reference to Appendix W has also been added. 

Subchapter V, 5-501. Clarification is added to 5-501 (5) to indicate the level of impact that will 

be treated as significant for major sources consistent with federal permitting regulations under 

40 CFR Part 51. 5-501 (6)(c) also expands on the public notice provisions for major stationary 

sources consistent with federal permitting regulations under 40 CFR Part 51. 

Subchapter V, 5-502. The revisions to 5-502(4), (6) and (8) are intended to be simple 

clarifications and reorganization that do not substantially change the existing regulation. 5-

502(9) Alternative Site Analysis, is a new section to address a past deficiency. 

Appendices and Tables, Table 2 (Prevention of Significant Deterioration (PSD) Increments) and 

Table 3 (Levels of Significant Impact). These revisions to current PSD increments and levels of 

significant impact have been adopted to be consistent with federal permitting ,regulations under 

40 CFR Part 51. 

Page 3 of 3 

LIST OF REVISIONS TO VAPCRs TO BE INCLUDED IN VT's SIP 

g

Municipal Solid Waste landfill Emissions, 

Particulate Matter (revised definition), 

Particulate Matter Emissions, 

PM10 (revised definition), PM10 Emissions, 

PM2.s, 

PM2.5 Direct Emissions, 

New "Significant" new source or modified source emissions rates for PM2.s (Direct PM25, 

and S02 and NOx PM2.5 precursors), Municipal Waste Combustor organics, 

metals and acid gases; and Municipal Solid Waste landfill NMOC missions, 

Deleted "Significant" emissions rates for Asbestos, Be, Hg and Vinyl Chloride, 

Deleted "Total Organic Halogens" definition. 

Subchapter II, Revised Prohibitions for: 

5-253.20(a)(3): Deleted exemption for "the surface coating of wood". 

Subchapter Ill, Revised Ambient Air Quality Standards (consistent with NAAQS) for: 

5-301 Scope: Clarification of sulfate exception. 

5-302 Sulfur Oxides (S02): Revised Primary Standard to 75 ppb 1 hour, 99th percentile, 

3-year average, 

5-303 Sulfur Oxides (S02): Retained Secondary Standard, 0.5 ppm 3-hour, not to be 

exceeded > once/year, 

5-304 Particulate Matter: (which had not been incorporated in EPA-approved VT Regs) 

Deleted "Total Suspended Particulate", and added "PM 2.s" Primary and 

Secondary 24-hour Standards of 35 11g/m3, 98th percentile, 3-year average, a 

Primary Annual Average PM2.s Standard of 12 11g/m3, 3-year average, and a 

Secondary Annual Average PM2.s Standard of 15 11g/m3, 

5-306 Particulate Matter (PM10): Revised Primary and Secondary Standards to 150 

11g/m3, 24-hour average, not to be exceeded> once/year, averaged over 3-years, 

5-307 Carbon Monoxide: Revised Primary 1-hour Standard to 35 ppm, not to be 

exceeded> once/ year, and Retained 9 ppm 8-hour Standard, not to be 

exceeded > once/ year, 

5-308 Ozone: Revised Primary and Secondary Standards to 0.075 ppm, 8-hour, 4th 

highest day, averaged over 3 years, 

5-309 Nitrogen Dioxide: Revised Primary Standard to 100 ppb, 1-hour, 98th percentile, 

averaged over 3 years, 
Subchapter V, Review of New Air Contaminant Sources 

Tables 

5-501(5): Adds provision that any source within 10 km of Class I area with impact> 1 

11g/m3 for any air contaminant will be treated as a major source or major 

modification for purposes of review, 

5-501(7)(c): Adds detail for notifying and seeking comments on draft permits from 

various officials & agencies having cognizance over proposed source location, 

5-502(4)(a): Clarifies that Air Quality Impact Evaluation is required only for pollutants for 

which there would be a significant increase from current actual to new allowable, 

5-502(4)(b): Minor wording changes, 

5-502(4)(c): New requirements to demonstrate (to Federal Land Manager) that Air 

Quality Related Values will not be impacted if Class I PSD increment is exceeded, 

5-502(4)(d): Revised to include focus on visibility impacts in "sensitive areas" (includes 

Lye Brook Class I and other >2,500 ft. areas), 

5-502(4)(e): New requirements added to specific to Class 1 Area impacts review for 

visibility and other AQRVs for sources within 100 km (or further at Secretary's 

discretion), 

5-502(4)(f): Same as former section 5-502(4)(e), 

5-502(6): Minor wording changes clarifying that offsetting emissions reductions are 

required to offset significant contributions in a designated nonattainment area, 

5-502(8)(b): Revised ambient air monitoring requirements for major sources or 

modifications to require at least one (immediately preceding) year of data, but 

also allowing use of as few as 4 months, or not immediately preceding data, if 

adequate to determine source wouldn't violate Ambient Standard or consume 

remaining PSD Increment, 

5-502(9): New requirements for Alternative Site Analysis for major sources in 

nonattainment areas. 

Table 2: Revised wording and addition of PM2.s PSD Increments, 

Table 3: Revised wording, deleted TSP and added PM 2.s Significant Impact Levels.