VERMONT 

State ofVermont AGENCY OF NATURAL RESOURCES 

Department of Environmental Conservation 

Air Quality & Climate Division 

Davis 2 , One National Life Drive 

Montpelier, Vf 05620-3802 

(802) 828-1288 

David Conroy 

EPA - ew England, Region I 

5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

January 26, 2015 

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

Regulations Including Subchapter 1 (Definitions) and Subchapter II (Prohibitions) 

Dear Mr. Conroy: 

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

incorporate amendments to the Vermont Air Pollution Control Regulations (V APCRs) including updates 

to Subchapter I (Definitions) and Subchapter II (Prohibitions). These amendments are primarily intended 

to clarify and provide additional flexibility to several definitions relating to gasoline storage and 

distribution, including the existing Stage I vapor recovery regulation. 

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. Annotated version of recently adopted amendments to V APCRs to be included in VT' s SIP 

Enclosure 6. Full text ofV APCRs effective December 29, 2014 

If you have any questions, please contact Heidi Hales at (802) 498-7338, by email at 

Heidi.Hales@state.vt.us, or in writing at the above address. 

ely, 

~ \ 

David K. M\ ars, omm1sswner 

Department of Environmental Conservation 

cc: Ida McDonald, EPA Region I 

Heidi Hales, AQCD 

Enclosures 

Regional Offices - Barre/Essex J ct./Rutland/ Springfield/ St. Johnsbury 
CERTIFICATION OF VERMONT STATE IMPLEMENTATION PLAN (SIP) 

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

State ofVermont 

Department of Environmental Conservation 

. Air Quality and Climate Division 

January 26, 2014 

VERMONT 

~ 
ENCLOSURE 1 

PUBLIC NOTICE OF INTENT TO REVISE THE STATE IMPLEMENTATION PLAN 

FOR AIR QUALITY 
Posted online on September 24, 2014 on the AQCD website 

(http://www.anr.state.vt.us/air/htm/ProposedAmendments.htm) 

I) Air Pollutico CCf'ltrcl OM k 

+- - C [j www.anr.state.vtuS/air/htm/Propose<lArnendments.htm 

Recently Adopted And Proposed Regulations 

lhis web page is intended tD provide information on proposed regula:ofy c~ tD the ~ ..lrl Pol/mien GJntrrJI Ra:;f,b/iDns. The adoption of new reguldaons or~ of ecisting re.gulitions ~subject tD the adrNnlstr31ive Me illdDption procedur.!sof TrtSe 3 ~..t ~.41nO(;J;E;dO\ii(ltif 25 (AdministraHYe 

-.dures ki or "APA") ~ by the s.cr.tary of state. The APA ll'Quires'"' Ag<n<y llfOP(>lino regulitmy ;nendment; to follow e-n """' a>d <""'<'l.to ~ fDrr.lS debihng the pmposed ill'nl'Odments. 

Amendments to the Air Pollution Control Regulations regarding gasoline vapor recovery: 1'he5e anendments tD the MPof1ution Control ReQubtions 

(.APCR) 'Aill difffy and proW:ie ~itiorul Rexlbllity to 5i!'o'er3l definitiOns fi!lating m gasoline stor.lge 400 distribution. dirify rt'QUiranents In the existino St3Qe I v.1PQr 

~__.,and wiD improw the consistEn<'( of the APCP. with feder.llll'QUIRments forgosolinedispensing f.ldlitles. The-will hElp ID """""lllal rBtuction In the emissions of Q41501ine Vil()Ors contiinlng voiCitlle Orgillic compounds (VOCs) iRi haziwdous .- ctlfltiminants (H:£5) t.rvetec1 by the existing Stage 1 f8Jul3tion ..-e maini:MK.od and enh.anced. The public comment period .and hearlno for this nde lrill 411so so:ne as the cormJBJt period ~ hearing required under 40 

CF.R. §51.102 forco""'llflding revbion ID VEm10nrs State !mp\ementiion Plan (SJP) to~ly "withthe a- Air Act (CAA). 

Amendments to Subchapter W Ambient AJr Quality Standards, VemM>nt AJr P~lutioo Control Regulations: The .Agency of Natural Resources_ through the /IJr QJ.altty and Oimite OMsion in the Department of Environment:i Conserv-..tkln, is proposino amendmBlts tD Subchapter m Ambient Air Q.Jality StirKbn:ls ind ~other minor amendments tD the Vermont Air Pollution Control Riguliitlons ootid below. lhe plin\irf purpose of this rulemaklno Is to update Vermonrs anbient ~r qu.llity sbndan:ls for particulate matter, oxides of nitrool'l'l, sulfur dioxide, ozone, and iead to make them consistent with the National Ambient ~r ()Jality 

Standart1s (NAAQS), ~tl ch Vermont is reQuired to meet under the federal Clean Air Act (CAA). Minor climying .mendments an! illso proposed for the permitting 

regui.UOOS. A mlnor ornendment is~ proposed for used oil combustion, buing up the rule with Vermont Ha:z3n:ious Waste M¥1agenent Rules end settino • new t:hrooghput threshold. A mioor a"l'liE!Ildment Is also proposed to dactfy that most sources k5s than fNe tons per year of emissions do not require a permit 

A pubrtc hearing on the proposed amendments will be held on Mondiv February 3rd at 6:00 PN .t the Auditorium In the Pavillion OO"tte Buildino, 109 Stn Street, 

Montpelier, Vermont The deadline for tOITW'I'IeOts Is Monday, Februay loth. The public: conment peOod and kea'tno for this ru~ • ill also serve as the conment 

pEf\od Mld healing under40 C.F.R. § 51 .102 for correspondino rwl!ions to Vermont's StO Implementation Plan (SlP) to comply with the C'..AA.. 

• Click for lamer vHr• of 

currenl jmaqe below owrtooklng Lake 

Chamolain from UVM campy3 in Bur1 inaton 

Y! 

• 9f24M.C Amendments 

to Air Polutioo 

ContrOl Regutatlons 

reoardina gasoline yapor recoyery 

• 

~ 

9t4/H Free Online 

Vermont p iegel Truck 

OrM!rJind Aegt 

Man30e[J Ayailiib\e 

9}211 4 Notice of 

CANCELLATION or hearing for ProPOSed revtsions to v ermonO 

lnfrastrutllJre State 

~ 

lmclementation Ptao 
Posted online on September 24, 2014 on the Secretary of State website 

(https ://secure. vermont. gov /SOS/rules/index. php) 

~ - C I https;ltseaue.vermontgov/SOS/rules/results.php 

~ Proposed Rules Postings VERMONT A Service of the Offtce of the Sec:m.ry of StMe 

- Seare!h Rules 

Deadline: NOY 05, 2014 

The deadline for public comment has expired. Contact lhe agency Of primary c.ontart person listed bekr• tw assJstlnce. 

Rule Nurmer: 

TICI&: 

Type: 

StilUs: 

Agency: 

Legal Authoriiy: 

Sun-mary: 

Persons AI'fected: 

Econorr»c ln'1!act 

Posting date: 

Hearing lnfonnatlon 

Hearing date: 

Location: 

Address: 

Cil'r. 

Stile: 

Zip: 

Hearing Notes: 

Contact lnfoll!'allon 

1-4P049 

.Amendments to the Nr Pollution Control Re;ulations Re;arding Gasolme Vapor Retovefy. 

Standard 

Fma.l Proposed 

M OJality & Climate OMsion. Agency Of Natural Resourtes.. 

10 V.s.A §§ 553. and 554(2~ 

These amendments to theM Portution Control Regulations (APCR)WiU tlarif/ and provkle 

aoditional nexibility to se>ter.lJ de1'inrtions relating 10 gasoOne siurage and dfstr1bu11on, clarify 

requirements In lhe exiSting Stige I vapor recovery reguU!Iton and will Improve lhe conSistency 

of the APCR •11tll'ederal requirements tlr gasoline dispensing tacittlies. The amendments will 

help 10 enwre that reduction in lhe ennsions of gasoline !13POR containing vclatile orvank 

compounds (VOCs) and hazardous air contaminants (H.\Cs) tarQeted by lhe existing Sta9e I 

regulation are maintained and enhanced. The publtc comment periOd and nearing for lhis rule 

wrifl also serve as 1tlec.ommentperiod and hearing required under 40 C.F.R. § 51.10213r 

corresponding reviSIOn 10 Vennonl's State ImplementatiOn Plan (SF) 10 eompty wi1h the Clean 

AirAI:t (CAA). 

The propo!ed rule amendments will potentia tty ailect bulk gasoline terminal, bulk 9asoline plant. 

and gasoline dispensing fa cility (GOF)cr.mers. operaiDrs, ancl businesses that serve those 

kldusbies, state go ~e ment and ltle publte. 

The onty anticipated economic Impact Is ID some GOFs !hat may need 10 Install updated 

equipment to comply with amendments ID lhe Stage I vapor recovery regulation. Tne eQuipment 

and estimated costs are lilo>ety i:l vary from FDF 10 GDF wiln some needing more components and 

oltlers already equipped with some or all ofltle needed equipmenl For ltlose GOFs lhat do need 

ID Install new components lhe estimated cost ranges tom $435 ID $2343 per tacility. The range 

In cost is based on how many components a particular GOF needs ID Install and !he type of 

equipment chosen by the GOF owner. It is likely lhat most GOfs alfected will already have the 

required components in place. 

Sep 24,20 14 

i'd'ormation for Healing t 1 

IG-29-2014 6:00 Pt.4 *I "!.li"'~'!!!' I·" w 

PaviliOn Building • Aodii:lrlum 

109 State Street 

Montpelier 

vr 

05602 

tntormation for Pnmary Contact 
The notice was also published in newspapers of record on October 2, 2014 (image not 

available). 
ENCLOSURE 2 

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

PART 51 
CERTIFICATION PURSUANT TO 40 CFR § 51.102 & APP. V OF 40 CFR PART 51 

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

As required by 40 CFR § 51.1 02(f), I hereby certify that the requirements of 40 CFR §51.1 02( a)-

( d) were met and that the public notice and hearing procedure followed was consistent with the 

information provided in the public notice and the State's laws and constitution, as applicable. 

Public notice of the proposed revisions to Vermont's State Implementation Plan (SIP) was 

posted online on September 24, 2014 on the AQCD website (http://www.anr.state.vt.us/ 

airlhtm/ProposedAmendments.htm#Subchapteriii), online on September 24, 2014 on the 

Secretary of State website (https:/ /secure.vermont.gov/SOS/rules/index.php) and published on 

October 2, 2014 in the Secretary of State's newspapers ofrecord. The public was provided with 

the opportunity to comment until November 5, 20 14. The public notice included notice of a 

public meeting to be held on October 29, 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. 

Heidi Hales 

Certifying Officer 
' 

* CORPOIATIO.'IS PIIOfB~ Oit.\1 PJQ.U.ID'I AAUlMi& Ri{caDS HKTIOOS UUJUOPAI. SEfRITAITSOfSK 

• Home • Administrative Rules • 

ADMINISTRATIVE 

RULES 

NOTIUS OF RULEMAKJNG 

NEWSPAPERS OF RECORD 

RUL£ ON RULIMAKING 

APAFORMS 

FlUNG TOOLS 

Newspapers of Record 

The omce of 111e Secrelaly of State publiShes one formal 

notice il an approve<! lSI of newspapers providing general 

coveage across llle slate as the Newspapers of Record 

(see 3 V.SA § 839 tor detailS). Note: Tile most recent 

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

The omce of 111e Secreta!)' of State publishes notices of 

adtninistrati'J rules illlle folloWing newspapers, in 

accoolance Willl 3 V.SA § 839: 

• Buri!lgton Free Press 

• Rutland Hefald 

• caJeOOnian Record 

• TmesAtgus 

• Vennont Lawyer 

• The Valley ews 

• Addison Independent 

• Bennington Banner 

• Brattlelloro Reformer 

• The Chronicle .. . 

• ewport Daily Express 

• ews & Citizen 1 Transcript 

• SL Albans Messenger 

• White Rivervaney Herald (a.k.a. Herald of Randolph) 

• Islander 

NOnCE Of RULEMAKING 

Proposed Rules PosllngS 

NEED HElL 

Wrth a 0\Je51ion? 

Fin<Julg OUr Ol!ice? 
ENCLOSURE 3 

LIST OF WITNESSES, COMMENTS RECEIVED, AND VERMONT'S RESPONSE TO 

COMMENTS 

RESPONSIVENESS SUMMARY 
LIST OF WITNESSES & COMMENTS RECEIVED AT HEARING 

October 29, 2014 

List of Witnesses: No members of the public attended the Regulation and SIP hearing on October 29, 2014. In 

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

by letter dated October 30, 2014 from Anne Arnold, Manager, Air Quality Planning Unit. Vermont's responses 

to these comments are presented below. 
VERMONT 

State ofVermont 

Department of Enviromnental Conservation 

Air Quality & Clirn.ate Division 

Davis 2 , One National Life Drive 

Montpelier, VT 05620-3802 

(802) 828-1288 

AGENCY OF NATURAL RESOURCES 

RESPONSIVENESS SUMMARY 

PROPOSED AMENDMENTS TO AIR POLLUTION CONTROL REGULATIONS 

REGARDING GASOLINE VAPOR RECOVERY AND REVISIONS TO VERMONT'S STATE IMPLEMENTATION 

PLAN (SIP) 

January 26, 2015 

List of Commenters: 

1. Ida E. McDonnell, Manager, Air Permits, Toxics, 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: Section 5-101, Definition of" Vapor Balance System": Vermont is proposing to revise this 

definition to include an equivalent system that has been approved by the Air Pollution Control 

Officer." Such an alternative should also be required to be approved by EPA. 

Response: Vermont has added an additional layer of EPA approval to equivalent vapor balance 

systems under the definition in 5-101. 

2. Comment: Section 5-253.5 (c)(l)(viii): For clarity, in the absence of using a superscript to denote the 

exponent of the dimensionless constant, "e," the equation for meeting the static pressure performance 

requirement should be revised to read: 

Pf = 2e{-500.887/v} 

Response: Vermont has made the suggested change to the equation. 
3. Comment: Section 5-253 .5 (e)(l)(i)(C) and (e)(l)(ii)(B): These two subsections provide discretion for 

the Air Pollution Control Officer to approve an alternative test method for the pressure decay test and 

the leak rate and cracking pressure test ofPN vent valves. Such an alternative is also required to be 

approved by EPA for sources subject to the National Emission Standard for Hazardous Air Pollutants 

for Gasoline Dispensing Facilities (GDF NESHAP). In addition, EPA approval of the alternative test 

method should also be required in order for EPA to approve Vermont's regulation into the SIP. Thus, 

these subsections should be revised to read: 

"An alternative method as approved by the Air Pollution Control Officer and EPA." 

Response: Vermont has added an additional layer ofEPA approval to alternative test methods. 

4. Comment: Section 5-253.5 (f)(l): For enforcement purposes, inspection records should also be made 

available to EPA. This section should be revised to read: 

"Upon request by the Air Pollution Control Officer or EPA, the owner ... " 

Similarly, Section 5-253.5(£)(3) should be revised to read: 

" ... copies shall be provided to such representativesl ef to the Air Pollution Control Officer, or EPA 

upon request" 

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

requirements discussed above. 

Response: Vermont has made the suggested changes to the language. 

5. Comment: Since Vermont is revising its Stage I regulation, EPA suggests the state also consider 

including California Air Resources Board (CARB) enhanced Stage I vapor recovery requirements in 

this rule. Rhode Island has adopted, and Massachusetts has proposed to adopt, these requirements. 

(See, for examples, Rhode Island Air Pollution Control Regulation No. 11 , "Petroleum Liquids 

Marketing and Storage," amended December 25, 2013, posted at 

http://www .dem.ri. gov /pubs/regs/regs/ air/ air 11_13. pdf). 

Response: Vermont has determined that including the CARB enhanced Stage I vapor recovery 

requirements in this rule revision is not necessary at this time, nor is it required for this rule to be 

approved as part ofVermont's SIP. 
ENCLOSURE 4 

TECHNICAL SUPPORT DOCUMENT 

FOR 

VERMONT STATE IMPLEMENTATION PLAN SUBMITTAL 

FOR REVISIONS TO VAPCRs INCLUDING SUBCHAPTER I (DEFINITIONS) AND 

SUBCHAPTER II (PROHIBITIONS) 
TECHNICAL SUPPORT DOCUMENT 

FOR 

VERMONT STATE IMPLEMENTATION PLAN SUBMITTAL 

FOR REVISIONS TO VAPCRs INCLUDING SUBCHAPTER I (DEFINITIONS) AND SUBCHAPTER II 

(PROHIBITIONS) 

January 26, 2015 

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 (V APCRs) including 

revisions to Subchapter I (Definitions) and Subchapter II (Prohibitions). The revisions to Subchapter I 

will clarify and provide additional flexibility to several defmitions relating to gasoline storage and 

distribution at gasoline terminals and bulk gasoline plants. The revisions to Subchapter II are intended to 

clarify requirements in the existing Stage I vapor recovery regulation, improve the consistency of the 

VAPCRs with federal requirements for gasoline dispensing facilities (GDFs) and help to ensure that 

reduction in the emissions of gasoline vapors containing volatile organic compounds (VOCs) and 

hazardous air contaminants (HACs) targeted by the existing Stage I regulation are maintained and 

enhanced. 

Discussion 

Subchapter I, 5-l 01 Definitions. Existing defmitions for "bulk gasoline terminal" and ''vapor balance 

system" were revised. For the definition of "bulk gasoline terminal", the revision added "and distribution" 

to the existing "storage" classification of the facility and simplified the definition by linking it to an 

average daily throughput of more than 20,000 gallons regard less of the means by which the gasoline is 

delivered to the terminal. The definition of "vapor balance system" was revised to add additional 

flexibility to allow this defmition to include other control measures, in addition to a combination of hoses 

and pipes to create a closed system between the delivery tank and the receiving tank, if such a control 

measure is approved by the Air Pollution Control Officer and EPA . This is intended to allow the use of 

equivalent or more efficient control measures at bulk gasoline plants, such as a vapor incineration device, 

if a bulk gasoline plant owner or operator desires to do so. Because the term "vapor balance system" 

appears a number of times in the bulk gasoline plant regulation it was cleaner to modify the defmition of 

Page 2 of 4 
"vapor balance system" than to add language pertaining to an alternative system in several locations in the 

regulation. 

Subchapter II, §5 -253.2 Bulk Gasoline Terminals. Reference to a "vapor control system" was added to 

§5-253.2(b)(l) and (8). The previous wording referred only to a "vapor collection system" and it appeared 

to be an oversight that vapor control system was not also referenced. These add itions clarifY that the 

gasoline vapors displaced from gasoline tank trucks during loading must be collected and controlled and 

that the emission limit of 80 mg/liter refers to both the collection and control system. 

Subchapter II, §5-253.3 Bulk Gasoline Plants. Due to the change in the definition of "vapor balance 

system", §5-253.3(c)(2) was revised to make the requirement to install a pressure measurement device 

subject to such a device being applicable to the specific type of vapor balance system installed at a bulk 

gasoline plant rather than required for all vapor balance systems. 

Subchapter II, §5-253.5 Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities. Generally, 

these changes were intended to clarifY requirements in the existing Stage I vapor recovery regulation, 

improve the consistency of the APCR with federal requirements for GDFs and help to ensure that 

reduction in the emissions of gasoline vapors containing VOCs and HACs targeted by the existing Stage I 

regulation are maintained and enhanced. 

§5-253 .5(a) (2)(ii): Deleted because the specific exemption for tanks of less than 550 gallons capacity 

used specifically for fueling implements of husbandry was unnecessary since such tanks would almost 

certainly be covered by the exemption for facilities that receive deliveries from account trucks. 

§5-253.5(a)(4): Added to ensure awareness that GDFs must also comply with the federal regulation for 

GDFs found in 40 CFR Part 63, Subpart CCCCCC. 

§5-253.5(b) Definitions: Definitions were added for "dual point vapor Stage I vapor recovery system", 

"monthly gasoline throughput" and "startup". 

§5-253.5(c) Standards: Design criteria were added to specifY and describe required components and 

performance criteria of a Stage I system. These requirements are identical to those in the federal Subpart 

CCCCCC. Operational requirements were added pertaining to utilizing practices to minimize emissions 

and properly handle gasoline to be consistent with Subpart CCCCCC. 

§5-253.5(d) Inspection requirements: Specific requirements for inspections were added to provide clear 

guidance to GDF owners and operators and to improve enforceability. 

§5-253.5(e) Testing: Testing requirements were added to align in most aspects with those in Subpart 

CCCCCC. The only difference is the requirement for notification of testing is five days, consistent with 

the requirement in Vermont's former Stage II vapor recovery regulation, rather than the 60 days specified 

in Subpart CCCCCC. 

§5-253 .5(f) Record Keeping and Reporting: Specific requirements were added to clearly define the 

records that owners need to maintain and their reporting responsibilities. 

§5-253.5(g) Compliance: The existing Stage I regulation included a phase-in schedule for GDFs to install 

Stage I vapor recovery. Since the last ofthese phase-in dates was January 1, 1997 this schedule was no 

longer necessary and was deleted from the amended regulation. New wording specifies the date by which 

all existing GDFs and newly constructed GDFs must be in compliance with the amended regulation. A 

compliance schedule was added for the installation of a dual-point Stage I vapor recovery system for 

Page 3 of 4 
those GDFs not already so equipped. A compliance schedule was added to define when a GDF whose 

monthly gasoline throughput first exceeds 100,000 gallons is required to conduct the testing required by 

§5-253(e). 

Page 4 of 4 
ENCLOSURE 5 

SIP REGULATION REVISIONS -ANNOTATED 

VERMONT STATE IMPLEMENTATION PLAN SUBMITTAL 

FOR REVISIONS TO VAPCRs INCLUDING SUBCHAPTER I (DEFINITIONS) AND 

SUBCHAPTER II (PROHIBITIONS) 
AGENCY OF NATURAL RESOURCES 

MONTPELIER, VERMONT 

ENVIRONMENTAL PROTECTION REGULATIONS 

CHAPTER 5 

AIR POLLUTION CONTROL 

5-101 AS USED IN THIS PART, ALL TERMS NOT DEFINED HEREIN SHALL HAVE THE 

MEANING GIVEN THEM IN THE ACT 

"Act " refers to the Air Pollution Control Act , 10 V.S . A. §551 et seq ., as 

amended . 

"Action Level " means a rate of emissions of a hazardous air contaminant as 

specified in Appendix C or as may be determined under Section 5- 261 (3) of 

these regulations . Action Levels are used to determine the applicability of 

Section 5- 261 to stationary sources and shall be derived in accordance with 

the method prescribed in Appendix E of these regulations. 

"Actual Emissions " means the rate of emissions, as of a particular date , 

which equals the average rate at which a source actually emitted the 

contaminant during the preceding two-year period . The Secretary may allow the 

use of a different time period upon a determination that it is more 

representative of normal source operation . For any source which has not begun 

normal operations on the particular date , actual emissions shall equal the 

allowable emissions of the source on that date . 

"Adverse Impact on Visibility " means visibility impairment which , as 

determined on a case - by- case basis by the Air Pollution Control Officer, 

interferes with the management , protection, preservation or enjoyment of a 

person ' s visual experience. when visiting any sensitive area or any Class I 

Federal area . Any such determination will take into account the geographic 

extent , intensity, duration , frequency and time of visibility impairment and 

how these factors correlate with (1) times of visitor use and (2) the 

frequency and timing of natural conditions that reduce visibility. 

"Agency " means the Agency of Natural Resources . 

"Air Contaminant " means dust , fumes , mist , smoke , other particulate matter, 

vapor, gas, odorous substances, or any combination thereof . 

"Air Pollution " means the presence in 

air contaminants in such quantities, 

injurious to human health or welfare , 

would unreasonably interfere with the 

the outdoor atmosphere of one or more 

and duration as is or tends to be 

animal or plant life , or property, or 

enjoyment of life , or property . Such 

* NOTE: All terms defined within these regulations are printed in italics wherever they appear. 

Terms which are used in all subchapters of the regulations are defined in Section 5-101, while 

supplemental definitions intended for use with a specific section of the regulations are found 

\A.Jithin th:::Jt cortinn 
effects may result from direct exposur e to air contaminants, from deposition 

of air contaminants to other environmental media , or from alterations caused 

by air contaminants to the physical or chemical properties of the atmosphere . 

"Air Pollution Control Officer " 

responsibility is to direct and 

activities and program for the State . 

means the 

coordinate 

person 

the air 

whose functional 

pollution control 

"Air Pollution Control Regulations " 

Environmental Protection Regulations . 

means Chapter V of the Vermont 

"Air Quality Impact Evaluation " means an analysis of the degree to which 

emissions from stationary or motor vehicles contribute to air contaminant 

!=Oncentrations in the ambient air. Such analysis shall include a ir quality 

modeling or other methods determined by the Secretary to be reliable . 

"Allowable Emissions " means the emission rate calculated using the maximum 

rated capacity of the source and , if applicable , either : 

(a) The applicable emission 

regulations, i f any , or 

standard cont ained in these 

(b) The emission rate or design , operational o r equipment 

standard specified in any o rder or agreement issued under 

these regulations that is state and federally enforceable . 

"Ambient Air " means that portion of the atmosphere , external to buildings, to 

which the general public has access . 

"Ambient Air Quality Standards " means any standard which establishes the 

largest allowable concentration of a specific air contaminant in the ambient 

air space as specified in Subchapter III of these regulati ons . 

"Applicant " means a person who seeks 

required by Section 5- 501 , prior to 

modification of a stationary source . 

the approval of the Secretary, 

the construction, installation 

"ASTM" means the American Society for Testing and Materials . 

"Attainment Area " (see definition of nonattainment area) . 

as 

or 

"Brake Horsepower " means the maximum continuous brake horsepower output 

rating for an engine as specified by the manufacturer . 

"Bulk Gasoline Plant " means a gasoline storage 

an average daily throughput of 20 , 000 gallons 

less on a 30 - day rolling average . 

and distribution facility with 

(76 , 000 liters) of gasoline or 

"Bulk Gasoline Terminal " means a gasoline storage and distribution facility 

'dhieh r eceives gasoline from refineries and delivers gasoline to bulk 

gasoline plaz1ts or to coffiffierci-al or retail accounts ; and has a with an 

average daily throughput of more than 20 , 000 gallons (76 , 000 liters) of 

gasoline on a 30 -day rolling average . 

"C. F. R ." means the Code of Federal Regulations . 
"Capture Efficiency " means the weight per unit time of VOC entering a capture 

system and delivered to a control device divided by the weight per unit time 

of total VOC generated by a source of VOC , expressed as a percentage . 

"Capture System " means all equipment (including , but not limited to , hoods , 

ducts, fans , booths, ovens, dryers, etc . ) that contains, collects, and 

transports an air contaminant to a control device . 

"Class I Federal Area " means any area identified in 40 C. F. R . 81 , Subpart D. 

"Coating " means a material applied onto or impregnated into a substrate for 

protective , decorative , or functional purposes . Such materials include , but 

are not limited to , paints, varnishes, sealants, adhesives, inks, maskants, 

and temporary protective coatings . 

"Coating Unit " means a series of one or more coating applicators and any 

associated drying area and/or Qven wherein a coating is applied dried and/or 

cured . A coating unit ends at the point where the coating is dried or cured, 

or prior to any subsequent application of a different coating. It is not 

necessary to have an oven or a flashoff area in order to be included in this 

definition . 

"Combustion Contaminants " are air contaminants discharged into the atmosphere 

from the burning of any kind of material containing carbon in a free or 

combined state . 

"Combustion Efficiency (C . E . ) " means a measure of the completeness of 

combustion , determined by the measurement of the proportion by volume of 

carbon dioxide (C02 ) and carbon monoxide (CO) in flue gas (on a dry basis) 

where ; 

C.E. (%) = C0 2 X 100 

(C0 2 +CO) 

"Commence Operation " means to begin using , on a full time basis, any 

equipment in a manner that represents normal operational procedures . 

"Control Device " means equipment (such as an incinerator or carbon adsorber) 

used to reduce , by destruction or removal , the amount of air contaminants in 

an air stream prior to discharge to the ambient air. 

" Crematory" means an incinerator used solely to reduce the volume and weight 

of human and animal remains, limited amounts of associated surgical wastes 

including but not limited to disposable sharps, gloves , gowns and dressings, 

and associated combustible waste containers which have been approved by the 

Air Pollution Control Officer. 

" Emergency use engine" means an engine used only for emergency purposes and 

up to 100 hours per year for routine testing and maintenance . Emergency 

purposes are limited to periods of time when : 

( 1 ) The usual source of power, heat o r lighting i s temp o r arily 

unavailable due to reason s beyond the r easonable control of 

the own er/operat or; 
(2) The Independent System Operator has determined 

capacity deficiency exists and has implemented 

reduction o f fi ve ( 5) percent or more of normal 

voltage ; or 

a power 

a voltage 

operating 

(3) A fire o r flood makes it necessary to pump water to 

minimi ze property damage . 

"Emission " means a release of air contaminants into the ambient air space . 

"Emission Reduction Credit " or "ERC" means t.he certified quantity of an 

emission reduction from a source that may be stored or used as described in 

Section 5- 502 . 

"EPA" means the Federal Environmental Protection Agency , the Administrator of 

the Environmental Protection Agency , or the Administrator ' s designee . 

"Equivalent Method " means any method of sampling and/or analyzing for an air 

contaminant which has been demonstrated to the Air Pollution Control 

Officer ' s satisfaction to have a consistent and quantitatively known 

relationship to a reference method under specific conditions . 

"Federal Land Manager " means the Secretary of the department with authority 

over a Class I Federal area or his or her representative . 

" Federally Enforceable " means all limitations 

enforceable by the U. S . Environmental Protection 

federal regulations, a state implementation 

operating permits . 

and conditions which are 

Agency , whether contained in 

plan , or construction or 

" Flashoff Area " means the space between the coating application area and the 

oven . 

"Flue Gas " means air contaminants which enter the ambient air through a flue 

or stack . 

"Forest Land Area " means at least 25 acres of land that is at least 10 % 

stocked with trees of any size . 

"Fossil Fuel " means coal , coke , distillate oil, residual oil , and natural 

gas . 

"Fuel " means any form of combustible matter--solid, liquid or gas, including 

combustible refuse . 

"Fuel-Burning Equipment " means any individual furnace , boiler, and/or 

apparatus used in the process of burning fuel for the primary purpose of 

producing heat or power . 

"Fuel Oil " means a liquid or liquefiable petroleum product either virgin or 

rerefined which is burned for the generation of heat or power and derived, 

whether in whole or in part , from crude oil . 

" Fugitive Emissions " means air contaminant (s) emitted into the ambient air 

from points other than a stack . For purposes of determining the applicability 

of Subchapter V and Subchapter X of the Air Pollution Control Regulations, 
" fugitive emissions " shall include only those emissions which are reasonably 

quantifiable . 

"Fugitive Particulate Matter " means any particulate matter generated by a 

process operation which is emitted into the ambient air space from points 

other than a stack . 

"Garbage " 

food . 

waste resulting from distribution , preparation and serving of 

"Gaseous Matter " means any material that exists in the gaseous state at 

standard conditions. 

"Gasoline " means any petroleum distillate having a Reid vapor pressure of 

four pounds per square inch (27 . 6 kilopascals) or greater . 

"Gasoline Dispensing Facility " means any site where 

from a stationary storage tank to a motor vehicle 

provide fuel to the engine of that motor vehicle . 

gasoline is transferred 

gasoline tank used to 

"Gasoline Tank Truck " means a delivery tank truck with a capacity of 4000 

gallons or greater used at bulk gasoline plants, bulk gasoline terminals or 

gasoline dispensing facilities that is loading or unloading gasoline . 

"Greenhouse Gases " means carbon dioxide , methane , nitrous oxide , 

hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride , and any other 

chemical or physical substance emitted into the air that the Secretary may 

reasonably anticipate to cause or contribute to climate change . 

"Hazardous Air Contaminant " means an air contaminant which in the judgment of 

the Secretary, taking into account its quantity, concentration or physical , 

chemical or infectious characteristics, causes, or contributes to , air 

pollution which may reasonably be anticipated to result in an increase in 

mortality or an increase in serious irreversible , or incapacitating 

reversible illness. 

"Hazardous Air Pollutant (HAP) " means any air pollutant listed in or pursuant 

to Section 112(b) of the federal Clean Air Act . 

"Hazardous Ambient Air Standard (HAAS ) " means the highest acceptable 

concentration in the ambient air of a hazardous air contaminant as specified 

in Appendix C or as may be determined under Section 5-261(6) of these 

regulations . All HAAS ' s shall be derived in accordance with the methods 

prescribed in Appendix D of these regulations . 

"Hazardous Most Stringent Emission Rate (HMSER ) " means a rate of emissions, 

including a visible emissions standard, which the Secretary, on a case - bycase basis, determines is achievable for a stationary source based on the 

lowest emission rate achieved in practice by such category of source . If a 

source demonstrates that due to economic impacts and costs, it cannot achieve 

the lowest emission rate achieved in practice by such source category, HMSER 

shall be the lowest emission rate which the Secretary determines said source 

is capable of achieving , HMSER may be achieved through application of 

pollution control equipment , production processes or techniques, equipment 

design , work practices, chemical substitution, or innovative pollution 

control techniques . In no event shall application of HMSER permit a 
stationary source to emit any contaminants in excess. of any Federal emission 

standard or any emission standard in these regulations . 

"Hearing Officer " means an employee or representative of the Agency appointed 

by the Secretary to hear any or all matters in any case properly before the 

Secretary under Subchapter VI of these regulations. 

"Heat Input " shall be the aggregate heat content of all fuels introduced into 

any fuel burning equipment . For the purposes of review of the construction or 

installation of an air contaminant source , the heat input value used shall be 

the equipment manufacturer 1 s or designer 1 s guaranteed maximum input , 

whichever is greater . 

"Horsepower (H . P.) " is a unit that is equal to 10 square feet of boiler 

heating surface. 

" Implementation Plan for the Protection of Visibility in Vermont " means the 

plan with that name developed for the purpose of meeting the requirements 

contained in Section 169A of the Clean Air Act (42 U. S . C. 7401 et seq . ) . 

" Incinerator " means any structure or furnace in which combustion takes place , 

the primary purpose of which is the reduction in volume and weight of an 

unwanted material . 

" Leak Free " means no more than 3 drops per minute of product is leaked . 

"Loading 

equipment 

connected 

Rack " means an aggregation or combination of gasoline loading 

arranged so that all loading outlets in the combination can be 

to a tank truck or trailer parked in a specified loading space . 

"Major Modification " means any modification of a major stationary source that 

would result in a significant increase in actual emissions of any air 

con tam in ant . 

"Major Source of HAPs " means 

emissions, in the aggregate , of 

25 tons per year or more of any 

that EPA may establish by rule. 

any stationary source that has allowable 

10 tons per year or more of any single HAP , 

combination of HAPs , or such lesser quantity 

"Major Stationary Source " means any stationary source or modification whose 

allowable emissions of any air contaminant , except for lead and greenhouse 

gases, are equal to or greater than 50 tons per year . For the air contaminant 

lead, "major stationary source " means any stationary source or modification 

whose allowable emissions of lead are equal to or greater than five tons per 

year . For the air contaminant that is greenhouse gases, "major stationary 

source " means any stationary source or modification whose allowable emissions 

of total greenhouse gases are : 

(1 ) On a mass basis, equal to or greater than the thresholds in 

40 C . F . R . §51. 1 66(b)(l)(i ) , and 

(2) On a carbon dioxide equivalent (C02 e) b asis, s ubject to 

regul ation at t h at stati onary source or modification . 

"Material 

hazardous 

safety data sheet 

chemicals by the 

(MSDS) " means the 

Occupational Safety 

documentation required for 

and Health Administration 
(OSHA) Hazard Communication Standard (29 C. F.R. 1910) . for a solvent , cleaning 

material , contact adhesive , coating, or other material that identifies select 

reportable hazardous ingredients of the material , safety and health 

considerations, and handling procedures . 

"Modification " means any physical change in, or change in the method of 

operation of, a stat.ionary source which increases the actual emission rate of 

any air contaminant , regardless of any emission reductions achieved at the 

source . A physical change or change in the method of operation shall not 

include : 

(a) Routine maintenance , repair and replacement ; or 

(b) An increase in the hours of operation or in the production 

rate , unless such change is prohibited under any condition 

of a permit issued pursuant to these Regulations . 

"Most Stringent Emission Rate (MSER) " a rate of emissions which the 

Secretary, on a case- by-case basis, determines is achievable for a source 

based on the lowest emission rate achieved in practice by such category of 

source , unless the source demonstrates it cannot achieve such a rate due to 

economic impacts and costs . Costs of achievement of MSER will be accorded 

less weight for sources or modifications locating in non- attainment areas 

than for sources or modifications locating in attainment areas for the 

applicable air contaminant . In no event shall application of MSER result in 

emissions of any contaminants in excess of any federal emission standard or 

any emission standard contained in these regulations . If the Secretary 

determines that imposition of an emission standard is infeasible , a design , 

equipment , work practice or operational standard, or combination thereof, may 

be prescribed instead as constituting MSER . 

"Motor Vehicle " shall include all vehicles propelled or drawn by power other 

than muscular power , except tractors used entirely for work on the farm, 

vehicles running only on stationary rails or tracks, motorized highway 

building equipment , road making appliances or snowmobiles, or implements of 

husbandry . 

"Multiple Chamber Incinerator " means any article , machine , equipment , 

contrivance , structure , or part of a structure used to dispose of combustible 

refuse by burning , consisting of three or more refractory lined combustion 

furnaces in series, physically separated by refractory walls interconn~cted 

by gas passage ports or ducts and employing adequate design parameters 

necessary for maximum combustion of the material to be burned . 

" Municipal Waste Combustor Acid Gases 

hydrogen chloride) " means all acid gases 

MWC units including , but not limited to , 

gases . 

(measured as sulfur dioxide and 

emitted in the exhaust gases from 

sulfur dioxide and hydrogen chloride 

" Municipal Waste Combustor Metals (measured as particulate matter) " means 

metals and metal compounds emitted in the exhaust gases from MWC units . 

"Municipal Waste Combustor Organics (measured as total tetra- through acta -

chlorinated dibenzo-p- dioxins and dibenzofurans) " means organic compounds 

emitted in the exhaust gases from MWC units and includes total tetra- through 

acta - chlorinated dibenzo- p - dioxins and dibenzofurans . 
" Municipal Solid Waste Landfill Emissions (measured as . non- methane organic 

compounds) " means gas generated by the decomposition of organic waste 

deposited in an MSW landfill or derived from the evolution of organic 

compounds in the waste . 

"Natural Wood " -- for the purposes of these regulations, natural wood means 

trees, including logs , boles, trunks, branches, limbs , and stumps, ·lumber 

including timber, logs or slabs, especially when dressed for use . This 

definition shall also include pallets which are used for the shipment of 

various materials so long as such pallets are not chemically treated with any 

preservative , paint , or oil . This definition shall not extend to other wood 

products such as sawdust , plywood , particle board and press board . 

"Nonattainment Area " means , for any air contaminant , an area which is shown 

by monitored data or which is calculated by air quality modeling (or other 

methods determined by the Secretary to be reliable) to exceed any applicable 

ambient air quality standard for such contaminant . "Attainment Area " means 

all other areas, except those areas for which there is not sufficient data to 

allow classification ( "unclassified areas " ) . 

"Odor " means that property of gaseous, liquid, or solid materials that 

elicits a physiologic response by the human sense of smell . 

"Opacity " means the degree to which emissions reduce the transmission of 

light and obscure the view of any object in the background . 

"Open Burning " -- the burning of any type of combustible material in the open 

where the products of combustion are emitted directly into the ambient air 

space without passing through a stack, chimney, or other enclosure . Burning 

shall include ignition, permitting or causing ignition and suffering, 

allowing or maintaining burning . 

"Oven " means a chamber which is used to bake , cure , polymerize , and/or dry a 

coating. 

"Overall Emission Reduction Efficiency" means the weight per unit time of VOC 

removed or destroyed by a control device divided by the weight per unit time 

of VOC generated by a source , expressed as a percentage . The overall emission 

reduction efficiency can also be calculated as the product of the capture 

efficiency and the control device destruction or removal efficiency . 

" Owner/operator" means the owner(s) , operator(s) , lessor(s) , lessee(s) and/or 

supervisor ( s) of an air contaminant source and/or a person authorized to 

represent such person(s) . 

" Particulate Matter" 

material with an 

micrometers . 

means any 

aerodynamic 

airborne 

diameter 

finely 

smaller 

divided 

than 

solid or 

one - hundred 

liquid 

(100) 

" Particulate Matter Emissions" means all finely divided solid or liquid 

material , other than uncombined water, emitted to the ambient air as measured 

by applicable reference methods , or an equivalent or alternative method, 

specified in 40 C. F . R. Chapter 1 . Emissions shall include gaseous emissions 

from a source or activity which condense to form particulate matter at 

ambient temperatures . 
" PM10 " means particulate matter with an aerodynamic diameter less than or 

equal to a nominal ten ( 10) micrometers as measured by a reference method 

based on appendix J of 40 C. F . R. Part 50 and designated in accordance with 40 

C. F . R. Part 53 , or by an equivalent method designated in accordance with 40 

C. F . R. Part 53 . 

" PM10 Emissions" means finely divided solid or liquid material , with an 

aerodynamic diameter less than or equal to a nominal ten ( 10) micrometers 

emitted to the ambient air as measured by an applicable reference method , or 

an equivalent or alternative method , specified in 40 C. F. R. Chapter 1 . 

Emissions shall include gaseous emissions from a source or activity which 

condense to form particulate matter at ambient temperatures . 

" PM2 . 5 " means particulate matter with an aerodynamic diameter less than or 

equal to a nominal two - and-a- half (2 . 5) micrometers as measured by a 

reference method based on Appendix L of 40 C. F . R. Part 50 and designated in 

accordance with 40 C. F.R. Part 53 , or by an equivalent method designated in 

accordance with 40 C. F . R. Part 53 . 

" PM2 . 5 direct emissions" means finely divided solid or liquid materi al , with 

an aerodynamic diameter less than or equal to a nominal two- and- a - half (2 . 5) 

micrometers emitted to the ambient air as measured by an applicable reference 

method , or an equivalent or alternative method, specified in 40 C. F . R. 

Chapter 1 . Emissions shall include gaseous emissions from a source or 

activity which condense to form particulate matter at ambient temperatures . 

It does not include emissions of other gaseous precursors which may 

subsequently contribute to formation of secondary PM2 . 5 particles through 

chemical reactions . 

"Party " means any person named or admitted as a party under the Act or 

Subchapter VI of these regulations, or properly seeking and entitled as of 

right to be admitted as a party thereunder . 

"Pathological Waste " human and animal remains consisting of carcasses, 

organs and solid organic waste . 

"Permanent ", in reference to emission reductions , means that the emission 

reduction is assured for the life of the corresponding emission increase . The 

permanence of the subject reduction shall be guaranteed through an 

enforceable permit limitation confirming the amount and duration of the 

decrease , or other enforceable mechanism (e . g ., permanently dismantling and 

removing the emissions source , surrendering the permit , etc) . 

"Person " means an individual , partnership, corporation , association , 

unincorporated organization, trust or any other legal or commercial entity, 

including a joint venture or affiliated ownership . The word "person" also 

means any subdivision , agency , or instrumentality of the State of Vermont , of 

any other state , of the United States, or of any interstate body. 

"Prevention of Significant Deterioration (PSD) " means the protection of the 

public health and welfare from any actual or potential adverse effect which 

in the Secretary ' s judgment may reasonably be anticipated to occur from air 

pollution which would deteriorate air quality in any portion of the State 

where existing air quality is better than the ambient air quality standards . 

"Process Unit " refers to a unique and/or distinct part of the total process, 

where raw or partially processed materials undergo a chemical or physical 
change which generates air contaminants . Within any process unit when any 

material undergoes a series of operations which are capable of emitting 

particulate matter and which employ any combination of machines , equipment , 

or other devices used for processing the material either continuously or in 

batches, the total process weight for the series of operations shall be the 

weight of materials introd~ced to 'the series as a whole . Any material which 

is the product of any operation in the series shall not be counted as part of 

the process weight for any other operation in the series . 

"Process Weight " means the total weight of all materials introduced into any 

process unit which may cause discharge into the ambient air space of 

particulate matter. Solid fuels charged will be considered as part of the 

process weight , but liquid and gaseous fuels and combustion air will not . 

"THE PROCESS WEIGHT PER HOUR" will be derived by dividing the total proce~s 

weight by the number of hours in a complete operation from beginning of any 

given process to the completion thereof, excluding any time during which the 

equipment is idle . 

"Quantifiable " , in reference to emission reductions, means that the amount , 

rate and characteristics of the emission reduction can be determined through 

an accurate and reliable method (e . g ., through emissions tests, continuous 

emissions monitoring , material balance , etc . ) . 

"Reasonable Progress Toward the Remedying of Existing Man-made Visibility 

Impairment in a Sensitive Area " means achieving and maintaining a statewide 

average emission rate of less than or equal to 1 . 2 pounds of sulfur dioxide 

released per million British thermal units of heat input for the category of 

sources including all fuel-burning equipment with a rated heat input greater 

than or equal to 100 million British thermal units per hour , by no later than 

1995 as described in the Implementation Plan for the Protection of Visibility 

in Vermont . 

"Reasonably Available Control Technology " means devices, systems , process 

modifications, or other apparatus or techniques designed to prevent or 

control emissions that are reasonably available , taking into account the 

social , environmental and economic impact of such controls, and alternative 

means of emission control. 

" Reciprocating Internal Combustion Engine " means any spark ignited or 

compression ignited engine in which power , produced by heat and/ or pressure 

in the engine cylinder(s) through the burning of a mixture of air and fuel , 

is subsequently converted to mechanical work by means of one or more pistons . 

"Reconstructed Source " means a source wherein the fixed capital cost of the 

new components exceeds 50 percent of the fixed capital cost of a comparable 

entirely new source . A reconstructed source will be treated as a new source 

for the purposes of these regulations . 

"Refuse " - - garbage , rubbish , and mixed municipal wastes . 

"Reid Vapor Pressure " means the absolute vapor pressure of a liquid or solid 

petroleum product at 100°F (37 . 8°C) in pounds per square inch (kilopascals) . 

"Rerefined Oil " means any waste oil which has been processed in such a manner 

as to make it substantially equivalent , in the judgment of the Air Pollution 

Control Officer, to virgin oil with regard to the emissions caused when it is 

used as a fuel . 
"Respondent " means any adverse party in a case or enforcement action under 

these regulations . 

"Ringelmann Chart " the chart 

Mines Information Circular 8333 

graduated shades of grey for use 

of smoke . 

published and described in U. S . Bureau of 

(May 1967) a nd on which are illustrated 

in estimating the light obscuring capacity 

"Rubbish " solids or liquids not 

explosive , such as, but not limited 

branches, yard trimmings, furniture , 

wastes, junk automobiles, tires, 

materials . 

considered 

to , paper, 

tin cans, 

automotive 

to be 

rags , 

glass, 

parts 

highly flammable or 

ashes, leaves, tree 

crockery, demolition 

and other similar 

" Schedule of compliance" means a schedule of remedial measures, including an 

enforceable sequence of actions or operations, leading to timely compliance 

with applicable requirements related to the control of air contaminant 

emissions or the prevention or control of air pollution . 

"Secretary " means the Secretary of the AgenC:Y of Natural Resources or such 

person as the Secretary may designate. 

"Sensitive Area " means for the purpose of these regulations, any portion of 

the area comprising Lye Brook Wilderness Area and all other terrain in 

Vermont at or above the elevation of '2500 feet above mean sea level . 

"Significant " means , in reference to a modification ' s increase in actual 

emissions or a source ' s allowable emissions of any of the following air 

contaminants, a rate of emissions that would equal or exceed any of the 

following rates : 

II Air Contaminant Tons Per Year 

Carbon monoxide 50 

Nitrogen oxides 40 

Sulfur dioxide 40 

Particulate matter emissions 25 

PM10 emissions 15 

PM2.Jc 

PM2.5 direct emissions 10 

Sulfur dioxide 40 

Nitrogen oxides 40 

Volatile organic compounds (VOC) 40 

Lead 0 . 6 

Fluorides 3 

Sulfuric acid mist 7 

Hydrogen sulfide (H2S) 10 

Total reduced sulfur (including H2S) 10 

Reduced sulfur compounds (including H2S) 10 
Air Contaminant Tons Per Year 

Municipal waste combustor organics (measured 

as to t al tetra-through acta- chlorinated 1 o- 6 

dibenzo-p-dioxins and 3 . 5 X 

dibenzofurans) 

Municipal waste combustor metals (measured 15 as particulate matter) 

Municipal waste combustor acid gases 

(meas ured as sulfur dioxide and hydrogen 40 

chloride ) 

Munic i pal solid waste landfill emissions 50 (measured as non -methane o r ganic compounds) 

Greenhouse gases 1. ~ 

l For PM2.5, significant means either 10 tons per year or more o f direct 

PM2.5 emissions, 40 tons per year or more of sulfur dioxide emissions or 40 

tons per year or more of nitrogen oxides emissions . 

For greenhouse gases, " significant " means a rate of emissions for total 

greenhouse gases, on a carbon dioxide equiva lent (C02e) b asis, that ( 1) is 

subject to regulation at that source or modification , and (2) would equal 

or exceed the significance level established by EPA . 

"Smoke " means 

which contains 

the visible aerosol , resulting from 

fly ash and/or other combustion 

incomplete combustion , 

contaminants, excluding 

condensed water vapor . 

"Stack " means any chimney, flue , 

emissions to the ambient air. 

conduit , or duct a r ranged to conduct 

"Standard Conditions " means a temperature of 20°C ( 68°F) and a pressure of 7 60 

rnrn (29 . 92 inches) of Hg . 

"State Enforceable " means all limitations and conditions which are 

enforceab le by the Agency by means of state regulation s , construction or 

operating permits, administrative orders, assurances of discontinuance , court 

orders, or contracts . 

"Stationary Reciprocating Internal Combustion Engine " means a reciprocating 

internal combustion engine that remains at a stationary s ource for more than 

twelve consecutive months or a shorter period of time for a reciprocating 

internal combustion engine located at a seasonal source . A reciprocating 

internal combustion engine located at a seasonal source is an engine that 

remains or will remain at a seasonal source during the full annual operating 

period of the seasonal source . A seasonal source is a stationary source that 

remains or will remain at a single location on a permanent basis (i . e . , at 

least two years) and that operates at the location for three months or more 

each year . 

"Stationary Source " means any structure (s) , building(s) , facility(ies) , 

equipment , installation(s) , or operation(s) (or combination thereof) which 

emits or may emit any air contaminant , which is located on one or more 

contiguous or adjacent properties and which is owned or operated by the same 

person (or persons under common control) . The phrase "emits or may emit any 
air contaminant " as used in this definition applies to both fugitive 

emissions and stack emissions . 

"Stationary Source Hazardous Air Impact Standard" means a concentration in 

the ambient air of a hazardous air contaminant attributable to the air 

quality impacts of a stationary source , in conjunction with the air quality 

impacts from other stationary sources as determined in accordance with the 

Agency ' s air quality impact evaluation guidelines (revised November 20 , 

1992) . Stationary source hazardous impact standards are specified in Appendix 

Cor may be determined under Section 5-261(6) of these regulations . 

"Subject To Regulationu means subject to regulation as defined by EPA at 40 

C. F . R. §51.166(48) (b) and any references therein to "major stationary source u 

shall be interpreted as defined in 40 C. F . R. § 51 . 166(b) (1) (i) rather than as 

defined in this Section 5-101 of these regulations . 

"Submerged Fill " means the method of filling a gasoline tank truck or storage 

tank in which gasoline enters within six inches of the bottom of the tank . 

Bottom filling of gasoline tank trucks and storage tanks is included in this 

definition . 

"Surplus ", in reference to emission reductions, means emission reductions 

that are voluntarily created by a source and are not required by any state or 

federal laws or regulations or related permits, orders or agreements and are 

not relied upon for Agency planning purposes . 

"Ton " means " short ton " or 2000 pounds . 

"Total Suspended Particulate (TSP) " means particulate matter as measured by 

the reference method specified in Title 40 C. F. R . Part 50 , Appendix B. 

"True Vapor Pressure " means the absolute pressure in pounds per square inch 

(kilopascals) of a pure vapor in equilibrium with its pure liquid or solid 

form at a given temperature . 

"Used Oil u means any petroleum product that has been refined from crude oil 

(in whole or in part) , or any synthetic oil, that has been used and 

unrefined, or is unfit for its intended use as a result of contamination by 

physical or chemical impurities . Used oil is a free - flowing liquid at 

standard temperature and pressure and has a flash point of greater than 100 

degrees (F). Used oil includes oils used as lubricants, heat transfer 

fluids , hydraulic fluids , and for other similar uses , but does not include 

materials derived from crude or synthetic oils that are fuels (e . g . gasoline , 

jet fuel and diesel fuel) , cleaning agents or solvents (e . g . naptha or 

mineral spirits). These materials are subject to regulation under the 

Hazardous Waste Management Regulations Subchapters 1 through 7 , as 

applicable . 

"Vapor Balance System " means a combination of pipes or hoses which create a 

closed system between the vapor spaces of an unloading tank and a receiving 

tank such that vapors displaced from the receiving tank are transferred to 

the tank being unloaded, or an equivalent system that has been approved by 

the Air Pollution Control Officer and EPA . 

"Vapor Collection System " means all piping , seals, hoses, connections, 

pressure vacuum vents and other equipment between the gasoline tank truck and 

the vapor processing unit and/or the storage tanks and vapor holder. 
"Vapor Control System " means a system that limits or prevents release to the 

atmosphere of organic compounds in the vapors displaced from a tank during 

the transfer of gasoline . 

"Vapor Recovery System " means a vapor gathering system capable of collecting 

volatile organic compound vapors and gases emitted during the operation of 

any transfer, storage or process equipment . 

"Vapor-Tight " means equipment that allows no loss of vapors . Compliance with 

vapor-ti ght requirements can be determined 

concentration at a potential leak source is 

percent of the lower explosive limit (LEL) 

gas detector, calibrated with propane , at a 

the source . 

by checking to ensure that the 

not equal to or greater than 100 

when measured with a combustible 

distance of l inch (2 . 54 em) from 

"Vapor-Tight Gasoline Tank Truck " means a gasoline tank truck with a product 

delivery tank that sustains a pressure change of not more than 3 . 0 inches (75 

mm) of water within 5 minutes after it is pressurized to 18 inches (450 mm) 

of water; or when evacuated to 5 . 9 inches ( 150 mm) of water, the same tank 

will sustain a pressure change of not more than 3 . 0 inches (75 mm) of water 

within 5 minutes . This capacity shall be demonstrated by annual testing using 

the procedures speci fied in Method 27 of 40 C. F. R . Part 60 , Appendix A. 

"Visibility Impairment " means any humanly perceptible change in visual range , 

contrast , or coloration from that which would have existed under natural 

visibility conditions . 

"Vola tile Organic Compound (VOC) " means any organic compound (i . e . , chemical 

compound of carbon) that participates in atmospheric photochemical reactions . 

This includes any organic compound other than those determined by the 

Administrator of the U. S . Environmental Protection Agency to have no or 

negligible photochemical reactivity . 

"Wood Fuel " for the purposes of these regulations means natural wood, as well 

as, sawdust or other wood waste generated by wood processing operations . 
5-253 . 2 Bulk Gasoline Terminals 

(a) Applicability . This subsection shall apply to all loading racks that 

deliver liquid products into gasoline tank trucks at a bulk gasoline 

terminal . Once a facility is subject to this subsection, it shall remain so , 

even if the throughput falls below the applicability threshold . 

(b) Standards . 

( 1) All of the loading racks at a bulk gasoline terminal subject to this 

subsection shall be equipped with a vapor collection system and vapor control 

system designed to collect and control the organic compound liquids or vapors 

displaced from gasoline tank trucks during product loading . 

(2) Each vapor collection system shall be designed to prevent any volatile 

organic compound vapors collected at one loading rack from passing to another 

loading rack. 

( 3) The owner or operator of a bulk gasoline terminal shall load gasoline 

into vapor-tight gasoline tank trucks only , using the following procedures : 

(i) Obtain the vapor- tightness document~tion for each gasoline tank truck 

prior to loading the tank truck at a loading rack subject to this subsection; 

(ii) Record the tank identification number of each gasoline tank truck as it 

is loaded at the terminal ; 

(iii) Cross-check each tank identification number obtained with the tank 

vapor- tightness documentation on file at the bulk gasoline terminal within 2 

weeks after the corresponding tank is loaded ; 

(iv) Notify the owner or operator of each previously loaded gasoline tank 

truck that is not vapor-tight within 3 weeks after the loading has occurred; 

and 

(v) Assure that any non- vapor-tight gasoline tank truck will not be 

reloaded at a loading rack until vapor- tightness documentation for that tank 

truck is obtained . 

( 4) The terminal owner or .operator shall ensure that the loading of 

gasoline tank trucks at the loading rack is limited to tank trucks equipped 

with vapor collection equipment that is compatible with the vapor collection 

system at the terminal . 

( 5) The terminal owner or operator shall ensure that the vapor collection 

system of the terminal and the tank truck are connected during each loading 

of a gasoline tank truck at the loading rack . 

(61 The vapor collection and liquid loading equipment shall be designed and 

operated to prevent gauge pressure in .the gasoline tank truck from exceeding 

450 mm of water during product loading . · 

( 7) No pressure- vacuum vent in the bulk gasoline terminal ' s vapor 

collection system shall begin to open at pressure less than 450 mm of water . 

(8) The total amount of organic compounds emitted to the atmosphere 

released from the vapor collection system and vapor control system during the 
loading of gasoline tank trucks sha-ll not exceed 4 . 7 grains per gallon ( 80 

mg/L) of gasoline loaded . 

(9) Loading of gasoline tank trucks at bulk terminals shall be by submerged 

fill only . 

(c) Inspection requirements . The terminal owner or operator shall inspect 

the vapor collection system, the vapor control system and each loading rack 

every calendar month for liquid and vapor leaks during transfer operations . 

Detection methods using sight , sound or smell are acceptable . Each leak 

detected shall be recorded and the source of the leak repaired within 15 

calendar days after it is detected . 

(d) Test methods . Compliance with this subsection shall be determined using 

the test procedures set forth by the Air Pollution Control Officer. 

(e) Record keeping . 

(1) The owner or operator of a bulk gasoline terminal shall maintain 

records for a minimum of three years on the following : 

(i) Tank truck tightness documentation shall be kept on file at the 

terminal in a permanent form available for inspection . The documentation file 

for each gasoline tank truck shall be updated at least once per year to 

record current test results as determined by test method 27 . 

(ii) Documentation shall include , but is not limited to , the follo~ing : 

(A) Test title : Gasoline Delivery Truck Pressure Test- - EPA Reference 

Method 27 ; 

(B) Tank owner name and address ; 

(C) Tank identification number ; 

(D) Testing location ; 

(E) Date of test ; 

(F) Tester ' s name and signature ; 

(G) Name , signature and affiliation of any witnessing inspector; and 

(H) Test results : actual pressure change in 5 min ., recorded in mm of 

water (average for two runs) 

(2) The owner or operator of the bulk gasoline terminal shall keep a record 

of monthly leak inspections on file at the terminal . Inspection records shall 

include , but are not limited to , the following information : 

( i) Date of inspection; 

(ii) Description of leaks found during inspection, if any ; 

(iii) Leak determination method used; 

(iv) Corrective action taken including date leak repaired ; and 
(v) Inspector ' s name and signature . 

(3) The owner or operator of a bulk gasoline terminal shall maintain 

records of daily throughput . 

(4) All records required under this subsection shall be made available for 

inspection during normal business hours and copies shall be provided to the 

Air Pollution Control Officer upon request . 

(f) Compliance . A bulk gasoline terminal subject to this subsection shall 

be in compliance on or before the effective date of this rule . 
5-253 . 3 Bulk Gasoline Plants 

(a) Applicability . 

(1) This subsection shall apply to any bulk gasoline plant with an average 

daily throughput of 3 , 000 gallons or greater calculated on a calendar month 

basis . Once a bulk gasoline plant is subject to this subsection, it shall 

remain so , even if its throughput later falls below the applicability . 

threshold . Any bulk gasoline plant with a throughput which is below the 

threshold shall comply with the requirements of paragraphs (b) (3) (vii) , 

(viii) , (ix) and (d) (1) (i) only . 

(2) This subsection shall also apply to any bulk gasoline plant, regardless 

of its gasoline throughput , for which construction or reconstruction is 

commenced after January 1 , 2001 . 

(b) Standards . 

(1) The owner or operator of a bulk gasoline plant shall equip each 

gasoline storage tank with a submerged fill pipe and shall equip the bulk 

gasoline plant with a vapor balance system between the gasoline storage tank 

and the incoming gasoline tank truck . The lines shall be equipped with 

fittings that are vapor-tight and that automatically and immediately close 

upon disconnection . 

(2) The owner or operator of a bulk gasoline plant shall equip the plant ' s 

loading rack (s) for submerged fill and shall equip the bulk gasoline plant 

with a vapor balance system between the gasoline storage tank and the 

outgoing gasoline tank truck . The vapor balance system shall be designed to 

prevent any vapors collected at one loading rack from passing to another 

loading rack . The lines shall be equipped with fittings that are vapor-tight 

and that automatically and immediately close upon disconnection . 

(3) The owner or operator of a bulk gasoline plant required to maintain and 

operate a vapor balance system under this subsection shall ensure that the 

following procedures are complied with during gasoline loading and unloading 

operations and in the storage of gasoline : 

(i) The vapor balance system shall be connected between the gasoline tank 

truck and the storage tank during all transfer operations and the connection 

shall be vapor- tight ; 

(ii) All storage tank openings, including inspection hatches and gauging and 

sampling devices, shall be vapor-tight when not in use ; 

(iii) The gasoline tank truck compartment hatch covers shall remain closed 

during the transfer of gasoline ; 

(iv) The vapor balance system shall be designed and operated at all times to 

prevent gauge pressure in the gasoline tank truck from exceeding 18 inches 

(450 millimeters [mm]) of water and vacuum from exceeding 5 . 9 inches (150 mm) 

of water during product transfer; 

(v) No pressure vacuum relief valve 

balance system shall begin to open at 

inches (.450 mm) of water or at a vacuum 

water; 

in the bulk gasoline plant vapor 

a system pressure of less than 18 

of less than 5 . 9 inches ( 150 mm) of 
(vi) All 

trucks or 

253 . 5(b)) ; 

product 

account 

transfers shall be limited 

trucks [for definition of 

to vapor-tight 

account truck 

gasoline tank 

see Section 5-

(vii) The filling of storage tanks shall be accomplished by submerged fill 

only ; 

(viii) The loading of outgoing gasoline tank trucks and account trucks [for 

definition of account truck see Section 5- 253 . 5(b)) shall be accomplished by 

submerged fill only; and 

(ix) The owner or operator of the gasoline bulk plant or 

truck shall observe the entire transfer operation and 

transfer if any liquid or vapor leaks are observed . 

the gasoline tank 

shall discontinue 

(c) Inspection and monitoring requirements . 

( 1) The bulk gasoline plant owner 

balance system and each loading rack 

vapor leaks during gasoline transfer 

sight , sound, or smell are acceptable . 

and the source of the leak repaired 

detected . 

or operator shall inspect the vapor 

every calendar month for liquid and 

operations . Detection methods using 

Each leak detected shall be recorded 

within 15 calendar days after it is 

( 2) A pressure measurement device (liquid manometer , magnehelic gauge , or 

equivalent instrument) capable of measuring 20 in . of water gauge pressure 

within a ±_ 0 . 5 inches of water precision, shall be calibrated and installed 

on the bulk gasoline plant vapor balance system, if applicable , at a pressure 

tap , located as close as possible to the connection with the gasoline tank 

truck , to allow determination of compliance with paragraph (b) (3) (iv) . 

(d) Record keeping . 

(1) The owner or operator of a bulk gasoline plant which is subject to this 

subsection shall maintain the following records for a minimum of three years : 

(i) Daily records 

gasoline tank trucks 

Section 5- 253 . 5(b)) . 

showing the quantity of all gasoline transferred into 

and account trucks [for definition of account truck see 

(ii) A record of each monthly leak inspection shall be kept on file at the 

plant . The inspection records shall include but are not limited to : 

(AJ The date of inspection ; 

(B) Findings, including a description of leaks found , if any ; 

(C) Leak determination method ; 

(D) Corrective action taken , including the date each leak was repaired ; and 

(E) The inspector ' s name and signature . 

(2) All records required under this subsection shall be made available for 

inspection during normal business hours and copies shall be provided to the 

Air Pollution Control Officer upon request . 
(e) Compliance . All bulk gasoline plants subject to this subsection shall 

comply with this subsection by July 1 , 1994 or by the commencement of plant 

operation, whichever occurs later. 
5-253.5 Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities 

(a) Applicability . 

( 1) This -sttbsection shall apply to all gasoline dispensing facilities and 

the appurtenant equipment necessary to a gasoline dispensing fac~lity, except 

as provided below . 

( 2) Except for the requirement in subsection (c) ( 1) ( i) that the filling of 

gasoline storage tanks shall be by submerged fill only, The follmdng gasoline 

dispensing facilities which receive deliveries from account trucks only are 

exempt from the provisions of this -sttbsection . eJwept that subtRer ged fi l l 

shall be used to fill gasoline storage tanks : 

( i ) Gasoline dispensing facilities 'dhich receive deli veries from account 

t rucks only; and 

( ii) The mmer or operator of a ga s ol ine stor age tank r,vith a capacity of 

less than 550 gallons that is used specifically for the fueling of i mplements 

of husbandry . 

(3) Once a gasoline dispensing facility becomes subject to subsection (e) 

of this section because of an increase in monthly gasoline throughput , it 

shall remain so , even if the throughput falls below the applicability 

threshold . 

(4) Gasoline dispensing facilities are also required to comply with 

"National Emission Standards for Hazardous Air Pollutants from Source 

Category : Gasoline Dispensing Facilities ", 40 CFR Part 63 , Subpart CCCCCC . 

(b) Definitions. For the purpose of this subsection , the following 

definitions apply, in addition to those of Section 5- 101 of this chapter : 

"Account truck " means a delivery truck with a capacity of less than 4 , 000 

gallons which delivers gasoline to busi nesses, retail outlets and farms . 

" Dual-point Stage I vapor recovery system" means a tyEe of Stage I vapor 

recovery system in which the q_asoline storage tank is eguiEEed with an entry 

·Eort for a q_asoline fill EiEe and a se2arate exit 2ort for a va2or 

connection . 

"Monthly q_asoline throuq_hput" means the total volume of q_asoline that i s 

loaded into , or dis2ensed from, all gasoline storage tanks at each q_asoline 

dispensing facility during a month . Monthly throughEut is calculated by 

summing the volume o·f q_asoline loaded into , or dis2ensed from, all q_asoline 

storage tanks at each q_asoline dispensing_ facility during the current day , 

Elus the total volume of q_asoline l oaded into , or dis2ensed from, all 

gasoline storage tanks at each q_asoline dispensing_ facility during the 

2revious 364 days , and then dividing that sum by 12 . 

"Stage I vapor recovery system " means a system in which gasoline vapors are 

forced from the storage tank into a vapor-tight gasoline tank truck or vapor 

collection and control system through direct displacement by the gasoline 

loaded into the storage tank . 
"Startup" means the setting in operation of a 

subject to this section or a portion of a 

subject to this section for any purpose . 

(c) Standards . 

gasoline dispensing facility 

gasoline dispensing facility 

(1) The owner or operator of a gasoline dispensing facility subject to this 

section which receives deliveries of gasoline into gasoline storage tanks 

from a gasoline tank truck shall install , operate and maintain a Stage I 

vapor recovery system that meets the following design criteria ~ 

(i) The filling of gasoline storage tanks shall be by submerged 

fill onlyi_-:-

( ii) All vapor lines on the gasoline storage tank are equipped 

with closures that seal upon disconnect ; 

(iii) The Stage I vapor recovery system shall not cause the 

pressure in the gasoline tank truck to exceed 18 inches of 

water pressure or 5 . 9 inches of water vacuum during product 

transfer; 

(iv) At gasoline dispensing facilities employing dual- point 

Stage I vapor recovery, the vapor recovery and product 

adaptors, and the method of connection with the deli very 

elbow, shall be designed so as to prevent the overtightening or loosening of fittings during normal delivery 

operations; 

(v) If a gauge well separate from the fill tube is used , it 

shall be provided with a drop tube that extends to within 6 

inches of the bottom of the gasoline storage tank ; 

(vi) All liquid fill connections on gasoline storage tanks shall 

be equipped with vapor-tight caps; 

(vi i) Pressure/vacuum (PV) vent valves shall be installed on the 

gasoline storage tank vent pipes . The pressure 

specificat ions for PV vent valves shall be : a positive 

pressure setting of 2.5 to 6.0 inches of water and a 

negative pressure setting of 6 . 0 to 10 . 0 inches of water. 

The total leak rate of all PV vent valves at the facility , 

including connections, shall not exceed o'. 17 ctibic foot per 

hour at a pressure of 2 . 0 inches of water and 0 . 63 cubic 

foot per hour at a vacuum of 4 inches of water; 

(vi ii) The Stage I vapor recovery system shall be capable of 

meeting the static pressure performance requirement of the 

following equation : 

Pf = 2e( - 500.887/v) 

Where : 

Pf = Minimum allowable final pressure , inches of water. 

v = Total ullage affected by the test , gallons . 

e =Dimensionless constant equal to approximately 2 . 718 

2 = The i nitial pressure , inches of water 

The pressure performance requirement can also be determined from the table in 

Appendix G of these regulations; 
(ix) Any gasoline dispensing facility that is a newly 

constructed source , is a reconstructed source , or installs a new gasoline 

storage tank or tanks after July 1 , 2015 shall equip all its gasoline storage 

tanks with a dual- point Stage I vapor recovery system at the time specified 

in subsection (g) (3) of this section . 

( 2) During the transfer of gasoline from the 

gasoline storage tank, the owner or operator 

delivering gasoline to a gasoline dispensing 

subsection shall ensure that : 

gasoline tank truck to the 

of a gasoline tank truck 

facility subject to this 

_,(.c::i;..c) __ "'"'(l:::... '-) __ All hoses in the vapor balance system are properly 

connected ; 

+±+ ( i i) The adaptors or couplers that attach to the vapor 

line on the gasoline storage tank have closures that seal 

upon disconnect ; 

(iii) All vapor return hoses , couplers and adapters used in the gasoline 

delivery are vapor-tight; 

(iv) 

with 

tank ; 

All 

the 

vapor 

Stage 

return equipment 

I vapor recovery 

on the 

system 

gasoline 

installed 

tank truck is compatible 

on the gasoline storage 

(v) All hatches on the gasoline tank truck are closed and securely 

fastened ; and 

(vi) The filling of gasoline storage tanks at gasoline dispensing facilities 

is limited to unloading by vapor-tight gasoline tank trucks . Documentation 

that the gasoline tank truck is a vapor tight gasoline tank truck shall be 

carried on the tank truck . This documentation shall include test results of 

the pressure and vacuum tests . 

(3) The owner or operator must , at all times, operate and mainta in 

any gasoline dispensing facility subject to this section, including 

associated air pollution control and monitoring equipment , in a manner 

consistent with safety and good air polluti on control practices for 

minimizing emissions . Determination of whether such ope ration and maintenance 

procedures are being used will be based on information available to the Air 

Pollution Control Officer which may include , but is not limited to , 

monitoring results, review of operation and maintenance procedures and 

records, and inspection of the gasoline dispensing facility . 

(4) The owner or operator of any gasoline dispensing facility subject 

to this section must not allow gasoline to be handled in a manner that would 

result in vapor releases to the atmosphere for extended periods of time . 

Measures to be taken include , but are not limited to , the following : 

(i) Minimize gasoline spills; 

(ii) Clean up spills as expeditiously as practicable ; 

(iii) Cover all open gasoline containers and all gasoline storage 

tank fill- pipes with a gasketed seal when not in use ; and 
+±+(iv) Minimize gasoline sent to open waste collection 

systems that collect and transport gasoline to reclamation 

and recycling devices, such as oil/water separators . 

(d) Inspection requirements . O·dners or operators of gasoline dispensing 

facilities subject to this subsection shall inspect the Stage I vapor 

recovery systeffl for visible liquid leaks, and repair and replace any >vorn or 

ineffective component or element iffiffiediately to ensure the vapor tight 

integrity and efficiency of the Stage I ·.raper reeo·.rery systeffl . 

(1) Each month , the owner or operator of a gasoline dispensing 

facility subject to this section shall inspect the Stage I vapor recovery 

system as follows : 

(i) Check for the :eresence of PV vent valves and any visible 

damage ; 

(ii) Check each fill ada:etor ca:e for the :eresence of a gasket 

and tightness of fit ; 

(iii) Check each va:eor ada:etor (dry break or :eo:e:eet valve) to 

ensure the :eo:e:eet valve de:eresses and reseats :ero:eerly and makes a tight seal 

with the va:eor ada:etor valve seat ; 

(iv) Check each va:eor ada:etor ca:e for the :eresence of a gasket 

and tightness of fit . 

(2) Each calendar year, but no sooner than 10 months after the prior 

annual ins:eection , the own er or operator of a gasoline dispensing facility 

subject to this section shall ins:eect the Stage I vapor recovery system as 

follows : 

( i) Check each fill ada:etor to ensure it is threaded tightly 

onto the ri·ser :ei:ee ; 

( ii) Check each va:eor ada:etor to ensure it is threaded tightly 

onto the riser :ei:ee ; 

(iii) Check the in- tank monitor ca:es for tightness of fit . and 

check the :erobe wire grommet to ensure it is sealed tightly around the :erobe 

wire ; 

(iv) Check any s:eill bucket drain valves for a tight seal ; 

(v) Other com:eonents identified by the Air Pollution Control 

Officer. 

(3) Any com:eonent of the Stage I vapor recovery system identified as 

missing , worn , or ineffective during an inspection required by subsection 

(d) ( 1) or ( 2) shall be re:eaired or re:elaced by the owner or opera tor of the 

gasoline dispensing facility to ensure the va:eor- tight integrity and 

efficiency of the Stage I vapor recovery system. An initial attem:et to 

re:eair or re:elace any missing , worn oi ineffective com:eonent shall be made as 

soon as :eractical . The defective com:eonent shall be re:eaired or re:elaced 

within 15 calendar days after the ins:eection that found the deficiency . If 

re:eair or re:elacement is not com:eleted within 15 days , the owner or operator 
shall irrunediately notify the Air Pollution Control Officer of the reason (s) 

that the defective component cannot be repaired or replaced, and the Air 

Pollution Control Officer may authorize additional time for the repair or 

replacement . 

(e) Testing . 

(1) The owner or operator of any gasoline dispensing facility with a 

monthly gasoline throughput of 100 , 000 gallons/month or greater shall conduct 

and pass the following tests on the gasoline dispensing facility ' s Stage I 

vapor recovery system every three years beginning no later than 90 days after 

the effective date of this regulation : 

(i) A pressure decay test performed i n accordance with : 

(A) California Air Resources Board Vapor Recovery Test Procedure TP- 201 . 3 -

Determination of 2- Inch WC static Pressure Performance of Vapor Recovery 

Systems of Dispensing Facilities, adopted April 12 , 1996 and amended March 

17 , 1999 ; 

(B) Bay Area Air Quality Management District Source Test Procedure ST- 30 -

Static Pressure Integrity Test - Underground Storage Tanks , adopted November 

30 , 1983 and Amended December 31 , 1994 ; or 

(C) An alternative method as approved by the Air Pollution Control Officer 

and EPA . 

(ii) A leak rate and crackin~ pressure test on any 

pressure/vacuum vent valves performed i n accordance with : 

(A) California Air Resources Board Vapor Recovery Test Procedure TP-201 . 1E -

Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, adopted 

October 8 , 2003 

(B) An alternative method as approved by the Air Pollution Control Officer 

and EPA . 

. (2) The owner· or operator of a gasoline dispensing facility subject 

to this subsection shall notify the Air Pollution Control Officer at least 5 

calendar days in advance as to when the testing in subsection (e) ( 1) ( i) or 

(i i) wi ll occur and what party will conduct the testing . 

(3) A copy of the test results shall be submitted to the Air 

Pollution Control Officer within 30 calendar days of completion of the above 

testing . 

(4) An owner or operator who performs and passes all testing required 

by subsection (e) (1 ) of this section , on or before September 1 of the 

appropriate year will be considered to be in compliance for that year with 

the requirement for an annual inspection in subsection (d) (2) of this 

section . 

(5) The Air Pollution Control Officer may require the owner or 

operator of a gasoline dispensing facility to conduct tests at any reasonable 

time to determine compliance with this section . The Air Pollution Control 

Officer or the Officer' s representati ve may a l so conduct testing at a n y 

reasonable time for the same purpose . 
Jie ) Record keeping and Reporting . 

~--~~(l~) ___ The owner~ or operator~ of gasoline dispensing facilities 

facility subject to this subsection shall Jceep Hrittenmaintain monthly 

records showing the quantit y of all gasol i ne delivered to the site..:. Upon 

request by the Air Pollution · Control Officer or EPA, the owner or operator of 

a gasoline dispensing facility shall document to the Agency the monthly 

gasoline throughput at the gasoline dispensing facility in the manner 

prescribed by the Air Pollution Control Officer. for a minimum of three years . 

These records shall be available during normal business hours and copies 

shall be provided to the Air Pollution Control Officer upon request . 

(2) The owner or operator of a gasoline dispensing facility shall 

maintain records of the monthly inspections of the Stage I vapor recovery 

system in a format approved by the Air Pollution Control Officer; 

(3) Each record required to be kept by this section shall be 

maintained by the owner or operator of the facility for a minimum of five 

years . These records shall be made available for inspection by 

representatives of the Agency during normal business hours and copies shall 

be provided to such representatives, to the Air Pollution Control Officer, or 

EPA upon request ; 

(4) By December 31 of each year, the owner or operator of a gasoline 

dispensing facility shall document and certify to the Agency compliance with 

subsection (d) (2) of this section in a manner prescribed by the Air Pollution 

Control Officer. 

(·f._g ) Compliance schedule . 

(1) The owner or operator of any gasoline dispensing facility subject to 

this section shall comply with this section on or before July 1 , 2015 , except 

as provided below . 

(2) The owner or operator of any gasoline dispensing facility that is a 

newly constructed or reconstructed source for which construction commences 

after July 1 , 2015 shall comply with this section upon startup of the 

facility . 

(3) The owner or operator of a gasoline dispensing facility shall comply 

with subsection (c) (1) (ix) of this section regarding equipping its gasoline 

storage tanks with a dual-point Stage I vapor recovery system as follows : 

(i) Any gasoline dispensing facility that is a newly constructed or 

reconstructed source for which construction commences after July 1 , 2015 

shall comply with subsection (c) (1) (ix) of this section upon startup of the 

facility. 

(ii) Any gasoline ' dispensing facility existing on July 1 , 2015 at 

which a new gasoline storage tank or tanks · are installed shall comply with 

subsection (c) (1) (ix) of this section upon startup of operation of the first 

new tank . 

(4) The owner or operator of a gasoline dispensing facility that becomes 

subject to the requirements in subsection (e) of this section regarding 

testing because of an increase in monthly gasoline throughput shall comply 

with subsection (e) of this section by the end of the first calendar year 

following the year in which the monthly gasoline throughput exceeded 100 , 000 
gallons . Testing shall continue to be conducted every 3 years after the 

testing is first required to be conducted and passed . 

(1) Gasoline dispensing facilities 'H'ith an annual throughput of 500 , 000 

gallons or greater shall comply ><ith this subsection on or before January 1 , 

-±-9-9-4-t-

(2) Gasoline dispensing facilities 11ith an annual throughput of l ess than 

500 , 000 but of 120 , 000 gallons or greater, shall comply 'dith this subsection 

on or before Hay 31 , 1995; and 

(3) Gasoline dispensing facilities 'dith an annual throughput of less than 

120 , 000 gallons shall comply 'dith this subsection by January 1 , 1997 . 
.. i 

.)· 

·.EN CLOSURE 6 

SIP REGULATION REVISIONS -c-AS ADOPTED 

VERMONT STATE IMPLEMENTATION·PLAN SUBMITTAL . . . . 

FOR REVISIONS TO V APCRs INCLUDING SUBC_HAPTER I (DEFINITIONS) AND 

SUBCHAPTER II (PROHIBITIONS) 

1 . 

. ': 
AGENCY OF NATURAL-RESOURCES 

MONTPELIER, VERMONT 

ENVIRONMENTAL PROTECTION REGULATIONS 

CHAPTER 5 

AIR POLLUTION CONTROL 

5-101 AS USED IN THIS PART, ALL TERMS NOT DEFINED HEREIN SHALL HAVE THE 

MEANING.GIVEN THEM IN THE ACT 

"Act" refers to the Air Pollution Control Act, 10 V.S.A. §551 et_ seq., as 

amended. 

"Action. Level"- means a rate of emissions of· a hazardous air contaminant as· 

specified in·Appendlx C or as may be determined under Section 5-261(3) of these 

regulations. Action Levels are used to determine the applicability of Section 

5-261 to stationary sources and shall be derived in accordance with the method 

prescribed in Appendix E of these regulations . 

. "Actual Emissions" means the rate of emissions, as of a particular date, which 

equal.s the average rate at which a source actually emitted the contaminant 

during the preceding two-year· period. The Secretary may allow the use of. a 

different time period upon a determination that it is more representative of 

normal source operation. F_or any source which has not begun normal operations 

on the particular date, actual emissions shai"l equal the allowable emissions of 

the source on that date: 

"Adverse Impact on Visibility" means visibility impairment which, as determined 

on a case-by-case basis by the Air Pollution Control Officer, interferes with 

the management, protection, preservation or enjoyment of a person's visual 

experience when ~visiting any sensitive area or any Class .I Federal area. Any 

such determination will take into account the geographic extent, intensity,· 

duration, frequency and time of visibility impairment and how th~se factors 

correlate with (1) times of visitor use and (2) the frequency and timing of 

natural conditions that reduc~ visibility. 

"Agency" means the Agency of Natural Resources. 

"Air Contaminant" means dust, fumes, rp.ist, smoke,· other particulate matter, 

vapor, gas, odorous substances~ or any combination thereo.f. 

"Air Pollution" means the presence in the outdoor atmosphere of one or more air 

contaminants in such quantities, and duration as is or tends to be injurious to 

human health or welfare, animal ·or plant life, or property, or would 

unreasonably interfere with the enjoyment of life·, or property. Such effects 

2. 
may ·result from direct exposure to air contaminants, from deposition of air 

contaminants to other environmental media, or from alterations caused by' air 

contaminants to the physical or .chemical properties of the atmosphere. 

'"Air Pollution Control Officer" means the person whose functional responsibility 

is to direct and coordinate the air polluti?n. control a,ctil!"ities and 'program 

for the State. 

"Air.Pollution Control Regulations" means Chapter V of the Vermont Environmental 

Protection Regulations. 

"Air - Quality -Impac~ E~aluation" means an analysis ·of·· the degree . to which 

emissions from stationary. or· motor _vehicles contribute to· air. cont'a0inant 

concentrations in· the ambient air. Such . analysis shall . include air quality 

mode-ling or other methods determined by -the Secretary. to· be reliable. 

; ·. - ·, - . . -

"Allowable Emissions" means the emission rate calculated using the maximum rated 

capacity of th~ source and, if applicable, either: 

- (al The applicable emission standard 

regulations, if any, or 

contained in ·these 

(b) The emission rate or design, operational or equipment 

standard specified in any order or agreement i~su~d under 

these regulations that is state and federally enforceable. 

"Ambient Air" means that portion of the atmosphere, external to _buildings, to 

which the general public has access. 

;'Ambient Air Quality Standards" means any standard which establishes ·the largest 

allowabl~ concentration of a specific air contaminant in the ambient air space 

as specified in Subchapter III of these. regulations. 

"Applicant" means a person who seeks .the ·approval of the Secretary, as required 

by Section 5-501, prior to the construction, installation or modification of a 

stationary source. 

"ASTM" means the American Society for Testing and Materials. 

- - . . -

"Attainment Area" (see definition of nonattainment area). 

"Brake Horsepower" means the maximum.continuous brake horsepower output rating 

_for an engine as specified by the man~facturer. 

"Bulk Gasoline Plant" means a gasoline storage and distribution facility with 

an average daily throughput of. 20, 000 gallons (76, 000 liters) of gasoline or 

less on a 30-day rolling av~rage. 

"Bulk Gasoline Terminal"· means a gasoline storage and distribution facility· 

with an average daily throughput of more than 20,000 gallons (76,000 liters) of 

gasoline on a 30-day rolling average. 

"C.F.R." mea~s the Code of Federal Regulations. 

3 
"Capture Efficiency" means the weight per unit time of voe entering a capture 

system. and delivered to a control device divided by the weight per unit time_of 

total voe generated by a source of voe, expressed.as a percentage. 

"Capture System" means all equipment (including, but not limited to, hoods,_-

ducts,. fans, ·booths; ovens, dryers,-.e_tc.) that contains, collects, and 

transports an-air contaminant to a control device; 

"C~ass I Federal Area" means any area identified :Ln 40 C.F.R. 81, Subpart D. 

"Coating" means a material applied onto or impregnated into a substrate for 

protective, decorative, or functional purposes. Such materials· include, but are 

not limited to, paints, varnishes, sealants, adhesives, inks, maskants, and 

temporary protective coatings. 

"Coating Unit" means a series of one _or more coating applicators and any 

-. associated drying area .and/or oven wherein a coating is applied dried and/or. 

-cured. A coating unit ends at the point where the coa'ting is dri_ed or cured, or 

prior to any subsequent application of· a different coa-ting. It is not necessary 

to have an oven or a flasho-ff area .in .order to be included in this definition. 

. - -

"Combustion Contaminants" are air contaminants -discharged into the ~tmosphere 

from the burning of any kind of material :containing carbon ih a free or combined 

state. 

"Combustion Efficiency (C. E.) " means· a measure of' the _completeness of 

combustion, determined by the measurement-of the proportion by volume of carbon 

dioxide (CC'.2) and carbon monoxide -(CO). in flue gas (on a -dry basis) where; 

co2 C.E. (%) = x 100 _ - (C02 +CO) 

"Commence Operation" means to begin using, on a f_ull time basis; any equipment 

in a manner that ;represents normal operational procedures. 

-"Control Device" means equipment (such as an_ incinerator or carbon adsorber) 

used to reduce,-_ by destruction or removal, the amount of air contaminants. in an 

air stream prior to discharge to the ambient air. 

"Crematory" means an incinerator used solely to reduce the volume and weight of 

human .and animal remains, limited amounts of associated surgical wastes 

including but riot limited to disposable sharps, gloves, gowns_ and dressings, 

and associated combustiblewaste containers-which have been approved by the Air 

Pollution Control Officer; 

"Emergency use engine" means an engine used only for emergency purposes and up 

to 100 hours p~r year for routine testing and maintenance. Emergency purposes 

are limited to periods of time when: 

( 1) The usual source of power, heat or· lighting -is temporarily 

unavailable due to reasons beyond the reas6nable control of 

the owner/operator; 

(2) The Independent System. Operator has determined .a power 

capacity deficiency exists and has implemented a voltage 

4 
reduction of five (5) percent or more of normal operating 

voltage; or 

(3) A fire or flood makes it necessary to pump water to minimize 

property damage. 

"Emission" means a release.of air contaminants into the ambient air space. 

"Emission Reduction Credit" or "ERC" means the certified quantity of an emission 

reduction_ from a s6urce that may be stored or used as described ~n ~ectiori 5~ 

502. 

. . . . . . . 

"EPA" .. means the Feaeral Environmenj:al Protection. Agency I the Administrator of 

. the Environmental Protection Agency, or the Adrn;Lnistrator' s designee. , 

"Equivalent Method" means any method of sampling and/or an~lyzi~g for. an air. 

contaminant which has been demonstrated to the Air Pollution Control Officer's· 

satisfacition to ha~e a consistent and quantitatively known relationshi~ to a 

reference method under specific conditions. 

"Federal Land Manager" means the Secretary of the department with 'authority 

over a Class I Federal area or his or· her repres_entati ve. 

"Federally Enforceable" means all limitat'ioris and conditions which are 

enforceable by the• ·U.S. ·Environmental Protection Agency, wh_ether contained in 

federal regulations, a state implementation plan, or construction or operating 

per~its. 

"Flashoff Area" means the space between the. coating application area and the 

oven. 

"Flue Gas" means air contaminants which enter the ambient air through a flue or 

stack. 

"Forest Land Area" means at least 25 acres of land that is at least 10%- stocked 

with trees of any.size. 

"Fossil Fuel" means coal, coke, distillate ·oil, residual oil, and natural gas. 

"Fuel" means any form ·of combustible matter-:-solid, liquid or gas,. including_ 

combustible refuse. 

"Fuel-Burning Equipment" means any individual furnace, boiler, and/or apparatus 

used in the process of burning fuel for the primary purpose of producing heat 

or power . 

. "Fuel Oil" means a liquid or liquef_iable .petroleum product either virgin or 

rerefined which is burned for the generation of heat or power and derived, 

whether in whole or in part, from crude oil. 

"Fugitive Emissions" mearis air contaminant (s) emitted into the ambient air from 

points other than a stack. For purposes of determining the applicability of 

Subchapter V and Subchapter X of the Air Pollution Control Regulations, 

"fugitive emissions" shall include only those emissions which are reasonably 

quantifiable. 

5 
"Fugitive Particulate Matter" means any particulate matter generated by a 

process operation which is emitted into the ambient air space from points other 

than a stack. 

"Garbage" -- waste resulting from distribution, preparation and serving of food. 

"Gaseous Matter" means any material that exists in the gaseous state at standard 

conditions. 

"Gasoline" means any petroleum distillate having a Reid vapor pressure of four 

pounds per squar~ inch (27.6 kilci~ascals} or gr~ater. 

"Gasoline Dispensing Facility" means any site. where gasoline is transferred 

from a stationary storage tank 'to a motor vehicle gasolin.e tank us.ed to provide 

fuel to the engine of that motor vehicle. 

"Gasoline Tank Truck" means a delivery tank truck with a capacity of 4000 

gallons or greater used at bulk gasoline plants, bulk gasoline terminals or. 

gasoline dispensing facilities that is loading or unloading gasoline. 

"Greenhouse Gases" means carbon dioxide, ' methane, n:j.trous oxide, 

hydrofluorocarbons, perfluoroc~rbons, sulfur hexafluoride, and any other 

chemical or physical substance emitted into the air that the Secretar~ may 

reasonably anticipate to cause 6r contribute .to climate chang~. 

"Hazardous Air Contaminant" means an air contaminant which in the judgment of 

the Secretary, taking into account its quantity, concentration or physical, 

chemical or infectious characteristics, causes, or contributes to, airpollution· 

which may reasonably be anticipated to result in an increase in~ortality or an 

increase in serious irreversible, or incapacitating re~ersible illness. 

"Hazardous Air Pollutant (HAP)" means any air poll_utant listed in or pursuant 

to Section 112(b) of th~ fed~ral Clean Air Act. 

"Hazardous Ambient Air Standard · (HAAS) " means the highest acceptable 

concentration in the ambient air of a hazardous air contaminant as specified in 

Appendix C or as may be determined ~nder Section 5-261(6) of the~e regulations. 

All HAAS's shall be derived in accordance with the methods prescribed in 

Appendix D of these regulations. 

"Hazardous Most Stringent:. Emission Rate (HMSER)" means a rate of emissions, 

including a visible emissions standard, which the Secretary, on a case-by-case 

basis, determines is achievable for ·a. ·stationary source based on the lowest 

emission rate achieved in practice by such c;:ategory of source. If a source 

demonstrates that due to economic impacts and cos_ts, it cannot achieve the 

lowest emission rate achieved in practice by such source category, .HMSER shall 

be the lowest emission rate which the Secretary determines said source is 

capable of achieving, HMSER may be achieved through application of pollution 

control equipment, production processes or techniques, equipment design, work 

practices, chemical substitution, or innovative pollution control techniques. 

In no event shall application of HMSER permit a stationary source to emit any 

contaminants in excess of any Federal emission standard or any emission standard 

in these regulations. 

"Hearing Officer" means an employee or representative of the Agency appointed 

by the Secretary to hear any or· all matte-rs in any case properly before the 

Secretary under Subchapter VI of these regulations. 

6 
"Heat Input" shall be the aggregate he·at content of all fuels introduced. into 

any fuel burning equipment. Fcir the purposes of review of the construction or 

installation of an air contaminant source, ·the heat input value used shall be 

the equipment manufacturer's or designer's guaranteed maximum input, whichever 

is greater. 

"Horsepower (H.P.)" is a unit that is equal to 10 square feet of boiler heating 

surface. 

"Implementation Plan for the Protection of Visibility in Vermont". means the 

plan with that name developed for the purpose of meeting the requirements 

contained in Section_ 169A of ~he Clean Air Act (42 U.S.C. 7401 et seq.). 

"Incinerator'; means any structur·e or furnace in whic_h coriibustion takes place, 

the primary purpose of which is the reduction in volume and w~ight of an unwanted 

material. 

,; Leak Pree" means no more than 3 drops per minute. of. product is leaked. 

"Loading Rack" means an aggregation or combination of gasoline loading equipment 

arranged so that all loading, outlets in the combination can be conne_cted to a 

tank truck or ~railer parked in a specified loading space. 

"Major Modification" means any modification of a major stationary source that 

would result in a significant increase in actual emissions of any air 

con tam in ant. 

"Major Source of HAPs" means_ any stationary source that has allowable emissions, 

in the aggregate, of 10 tons per year or more of any single HAP, 25 tons per 

year or more of any combination of HAPs, or such lesser quantity that EPA may 

establish by rule·. 

"Major Stationary Source" means any stationary source or modification whose 

allowable emissions of any air conta_minant, except for lead and greenhouse 

gases, are equal to or greater than 50 tons per year. For the air contaminant 

lead, "major stationary source" means any stationary source or modification 

whose allowable emissions of lead are equal to or greater than five tons per 

year. For the air contaminant that is greenhouse gases, "major stationary 

source" means any stationary source or modification whose allowable emissions. 

of total greenhouse gases are: 

(1) On a mass basis, equal to or greater than the thresholds in 

40 C.F.R. §51.166(b) (1) (i), and 

(2) On a carbon dioxide equivalent (C02.e) basis, subject to 

regulation at that;. stationary source or modification. 

"Material safety data sheet (MSDS)." means the documentation required ·for 

hazardous chemicals by the Occupational Safety and Health Administration (OSHA) 

Hazard Communication Standard (29 C. F. R. 1910) for a solvent, cleaning material, 

contact adhesive, coating, or other material that identifies select reportable 

hazardous ingredients of the material, safety and health considerations, and. 

handling procedures. 

7 
"Modification" means any physical change 'in, or change- in the method of 

operation of, a stationary source which increases the actu~l emission rate of 

any air ·contaminant, regardless of any emission reductions achieved at the 

source. A physical change or change in the method of operation shall not include: 

(a) Routine maintenance, repair ~nd replacement; or 

(b) An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any condition of 

·~permit issued pursuant to these Regulations. 

"Most Stringent Emission Rate (MSER)" a rate of emissions which the Secretary, 

on a case-by-case basis, determines is achievable for a source based on the 

lowest emission rate achieved in practice by such category of source, unless 

the source demonstrates it cannot achieve such a rate due to economic impacts 

and costs. Costs of achievement of MSER will be accorded less weight for sources 

or modifica.tions locating in non-attainment areas· than for sources or 

modifications locating in attainment areas for the applicable air contaminant. 

In no event shall application of MSER result in. emissions of~ any contaminants 

in excess of any federai emission standard or any emission standard contained. 

in these regulations. If the Secretary determines that imposition of an 'emission 

standard is infeasible, a design, equipment, work practice or operational 

standard, or combination thereof, may be prescribed instead as constituting 

MSER. 

"Motor Vehicle" shall ·include all vehicles propelled or drawn by power other 

than muscular power, except tractors used entirely for w'ork on the farm, 

vehicles running only on stationary rails or tracks, motorized highway building 

equipment, road making appliances or snowmobiles, or implements of husbandry. 

"Multiple Chamber Incinerator" means. any article, machine, equipment, 

contrivance, structure, or part of a structure used to dispose of combustible 

refuse by burning, consisting of three or more refractory lined combustion 

furnaces in series~ physically separated by refractory walls interconnected by 

gas passage ports or ducts and employing adequate design parameters necessary 

for maximum combustion of the material to be burned. 

"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 n6t lim~ted to, sulfur dioxide and hydrogen chloride gases. 

"Municipal Waste Combustor Metals (measured as particulate matter)" means metals 

and metal compounds emitted in the exhaust gases from MWC units. 

"Municipal Waste Combustor Organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans)" means -organic compounds 

emitted in the exhaust gases from MWC units and includes total tetra- through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans. 

"Municipal Solid Waste Landfill Emissions (measured as non-methane . organic 

compounds)" means ga_s generated by the decomposition of organic waste deposited 

in an MSW landfill or derived from .the evolution of organic compounds in the 

waste. 

"Natural Wood" -- for the purposes of these regulations,· natural wood means 

trees, including logs, boles, trunks, branches, limbs, and stumps, lumber 

8 
in.eluding timber, logs or slabs, ·especially' when dressed for use. This. 

definition shall also include pallets which' are used for the shipment.of various 

materials so long as such ~allets are not chemically treated with any 

preservat~ve, paint, or oil. This definition shall not extend to other wood 

products such as sawdust, plywood, particle board and press board. 

"Nonattainment Ar'ea"'means, for any air contaminant, an area which is shown by· 

monitored data or which is calculated by air quality modeling ·(or other methods 

. determin~d by the. Secretary to be reliable) ·to. exceed any applicable ambient 

air quality standard· for such contaminant. "Attainment· Area" means all other 

. areas, ex.cept those areas for which there is not sufficient data to .allow 

classification ("unclassified_ areas"). 

"Odor" means that property of gaseous,· liquid, or solid materials that elicits 

a physiologic response by the human sense_ of smell .. 

"Opacity" means the degree to which emissions reduce th_e transmission of light 

and obscure·the view of any object in the bacjcground. 

"Open Burning"-:- theburning of any type of.combustible material in the open 

where the products of combustion are emitte·d directly _into the ambient air. space 

without passing through a stack, chimney, or other enclosure. Burning shall 

include ignition, permitting or causing ignition and .suffering, allowing or 

maintaining burning. 

"Oven" means a chamber wpich is used to bake, cure, polymerize, and/or dry a 

coating; 

"Overall Emission Reduction Efficiency" means the weight per. unit time of voe 

removed or destroyed by a c'ontrol device divided by the weight per unit time of 

voe generated by a source, expressed· as· a percentage. The· overall emission 

reduction efficiency can· also be calculated as the product of the capture 

efficiency and the control device destruction or removal efficiency. 

"Owner/operator" means the owner(s), operator(s), lessor(s), iessee(s) and/or 

supervisor (s) of an air contaminant source andi~r a person authorized to -

represent such person(s). · 

"Particulate Matter" means any airborne finely divided solid or liquid material 

with an.aerodynamic diameter smaller than. one-hundred (100) micrometers. 

"Particulate Matter Emissions" means all finely divided solid. or. liquid 

material, other than uncombined water, emitted.to the ambient air as measured 

by applicable reference methods, or an equivalent or alternative · method, 

specified in 40 C.F.R. Chapter 1. Emissions shfall include gaseous emissions 

from a source or activity which condense to form particulate matter at ambient 

temperatures. 

"PM10" means particulate matter with an aerodynamic diameter less· than or equal 

to a nominal ten ~10) micrometers as measured by a reference method based on 

appendix J of 40 C.F.R. Part 50 ~nd designated in accordance with. 40 C.F.R. 

Part 53, or by an_ equivalent method designated in accordance with 40. C.F.R.· 

Part 53. 

"PM!o Emissions" means finely divided solid or liquid material, with an 

aerodynamic diameter less than or equal to a nominal ten ( 10) micrometers 

emitted to the ambient air as measured by an applicable reference method, or an 

9 
equivalent or alternative method, specified in 40 C.F.R .. Chapter 1. Emissions 

shall include gaseous emissions from a source or activity which condense to 

form partii;::ulate matter at ambient temperatures. 

"PM2. 5" means. particulate_matter with_ an aerodynamic diameter less than or equal 

to a nominal two-and-a-half (2.5) micrometers ~s ~easured by a reference method 

based on Appendix L of 40 C.F.R. Part 50 and 'designated in accordance with 40 

C.F.R. Part 53, or by an equivalent method designated in accordance with 40 

C.F.R. Part 53. 

"PM2.5 direct emissions"-means finely divided solid or liquid material, with an 

aerodynamic. diameter less than or equal to a nominal two-and-a-half (2. 5) 

micrometers emitted to the ambient air as measured by an applicable reference 

method, or an equivalent or alternative method, specified in 40 C.F.R. Chapter 

1. Emissions shail include gaseous. emissions from a· source or activity which 

condense to form particulate matter at ambient temperatures. Jt does not include 

emissions of other:: gaseous precursors . which may subsequently contribute to 

formation of secondary PM2.s particles through chemical reactions. 

"Party" means any person named or admitted as a party under the Act or Subchapter 

VI of these regulations, or properly seeking and entitled as of right to be 

admitted as a party thereunder. -

"Pathological Waste" -- human and animal remains consisting of carcasses, organs 

and solid organic waste. 

"Permanent", in reference to emission reductions, means that the emission 

reduction 'is assured for the life of the corresponding emission increase. The 

permanence of the. subject reduction shall be guaranteed through an enforceable 

permit limitation confirming the amount-and duration of the decrease1 or other 

enforceable mechanism (e.g., permanently dismantling and removing the emissions 

source, surrendering the permit, etc) . 

"Person" means an individual, partnership, corporation, association, 

unincorporated organization, trust or any other legal or commercial. entity, 

including a joint venture or affiliated ownership. The word. "person" also means 

any subdivision, agency, or instrumentality of the State of Vermont, of any 

other state, of the United States, or of any interstate body. 

"Prevention of Significant Deterioration (PSD)" means the protection of the 

public health and welfare from any actual or potential adverse effect which in 

the Secretary's judgment- may reasonably be anticipated to occur from air 

pollution which would deteriorate ·air quality in any portion of the State where 

existing air quality is better than the ambient air quality standards . . · · .. - ~ .;: .. 

"Process Unit" refers to a unique and/or distinct part of the total process, 

where raw or partially processed materials undergo a chemical or physical change 

which generates air contaminants. Within any process unit when any material 

undergoes a series of operations which_ are capable of emitting particulate 

matter and which employ any combination of machines, equipment, or othe·r devices 

used for processing the material either continuously or in batches, the tcital 

process weight for the series of o:perations shall be the weight of materials 

introduced to the series as a whole. Any material which is the product of any 

operation in the series shall'not be counted as part of the process weight for 

any other operation in the series. 

10 
"Process Weight" means the total weight of all materials introduced into any \ • • • L 

process unit which may cause discharge into the ambient air· space of particulate 

matter. Solid fuels charged will be considered as part of the process weight, 

but liquid and gaseous fuels and combustion air will not·• "THE PROCESS WEIGHT 

PER HOUR" will be derived by dividing the total proc~ss weight by the number of 

·hours in. a complete operation from beginning of any given· process to the 

completion thereof, excluding any time during which the.equipment is idle. 

"Quantifiable", in reference to emission reductions, means that the. am:ount, 

rate and characteristics of the emiss__ion reduction can be determine_d through an·· 

accurate and· rel.iable method (e.g., through emissions tests, continuous 

emissions monitoring, material balance.1 ·etc.): 

"Reasonable Progress Toward the Remedying of Existing Man-made · Visibility 

. Impairment in a· Sensitive Area" means achieving and maintaining a statewide 

average emission rate of less ·than or equal to ·1. 2 pounds of sulfur ·dioxide 

. released per million British thermal _units of heat input for the category of 

sources including all fuel-burning equipment with a rated heat input greater 

than or equal to 100 million British thermal units per hour; by no later than·· 

1995 as described in the Implementation Plan for the Protection· of Visibility 

in Vermont. 

"Reasonably Available Control Technology" means devices, ·systems, process 

modifications, or other apparatus or techniques designed to prevent or.control 

emissions that are reasonably available, taking into account the. social, 

environmental and economic impact of such controls, and alternative means of 

emission control. 

"Reciprocating Internal Combustion· Engine" ·means any spark ignited or 

compression ignited engine in which power, produced by heat and/or pressure in 

the engirie cylinder(s) through the burning of a mixture of air and fuel; is 

subsequently converted to mechanical work by means of one or more pistons. 

"Reconstructed Source" means a source wherein the fixed capital cost of the new 

components exceeds 50 percent of the fixed capital cost of a comparable entirely 

new source. A reconstructed source will be treated as a new source for the 

purpo~es of these regulations. 

"Refuse" garbage, rubbish, and mixed municipa.l wastes. 

"Reid Vapor Pressure" means the absolute vapor pressure of a liquid or solid 

petroieum product at 100°F (37.8°C) in pounds per.square· inch (kilopascals). 

"Rerefined Oil-" means any waste oil which has been processed in such a manner 

as. to make it substantially equivalent, in the judgment of the Air Pollution 

Control Officer, to virgin oil with regard to the emissions caused when it is 

used as a fuel. 

"Respondent" means any adverse party in a case or enforcement action under these 

regulations. 

"Ringelmann Chart" -- the chart published and described in U.S. Bureau of Mines 

Information Circular 8333 (May 1967) and on which are illustrated graduated 

shades of grey for use in estimating the light obscuring capacity of smoke. 

"Rubbish" 

explosive, 

solids 

such as, 

or 

but 

liquids not 

not limited 

considered to be 

to, paper, rags, 

11 

highly 

ashes, 

flanirnable or 

leaves, · tree· 
branches, yard· tr,irnmings, furniture, tin cans,· glass, .crockery, demolition 

wastes, junk automobiles, tires, auto~otive parts and other similar materials. 

"Schedule of compliance" means a schedule of remedial measures, including an 

enforceable sequence of actions or operations, leading to timely compliance 

with applicable.requirements related to the control of air contaminant emissions 

or the prevention or control of air pollution. 

"Secretary" means the Secretary of the Agency_ of Natural Resources or such 

person as the Secretary may designate. 

"Sensitive Area" means for the purpose of these regulations, any portion of the 

area comprising Lye Brook Wilderness Area and all other te.rrain in Vermont at 

or above the elevation of 2500 feet above mean sea level, 

"Significant" means, in reference 

emissions or a source's allowable 

contaminants; a rate. of emissions that 

rates: 

to ·a. modification's increase in actual 

emiss.ions of any of the following air 

would equal or exceed any of the following 

Carbon monoxide 

Nitrogen oxides 

Sulfur dioxide 

Particulate matter emissions 

PM10 emissions . 

PM2.s direct emissions 

Sulfur dioxide 

· Nitrogen oxides 

Volatile· organic compounds(VOC) 

Lead 

Fluorides 

Sulfuric acid mist 

Hydrogen sulfide (H2S) 

Total reduced sulfur (including H2S) 

Reduced sulfur compounds .(including H2S) 

Municipal waste .combustor organics (measured 

as total tetra-through octa- chlorinated 

dibenzo-p-dioxins and 

dibenzofurans) 

Municipal waste combustor metals (measured 

as particulate matter) 

Municipal waste combustor acid. gases -

(measured as sulfur dioxide and hydrogen 

chloride) 

.Municipal solid waste landfill emissions 

12 

50 

40 

40 

25 

15 

10 

40 

40 

40 

0.6 

3 

7 

10 

10 

10 

3.5 x lQ-6 

15 

40 

50 
(measured as non-methane organic compounds) 

Greenhouse gases 

l For PM2. 5 , significant means either 10 tons. per year or more of direct PM2. 5 

emissions, 40 tons per year or more of sulfur dioxide emissions cir 40 tons 

per year or more of nitrog.en oxides emissions. 

lFor greenhouse· gases, "significant" means a rate of emissions fc:ir total 

greenhouse.gases, on a carbon dioxide equivalent (C02e) basis, that (1) is 

subject to regulation at that source or modification, and (2) would equal or 

exceed the significance level established by. EPA. 

"Smoke" means the visible ae:r;-osol, resulting from incomplete combustion,·which 

contains fly ash and/or other 'combustion contaminants, excluding condensed water 

vapor. 

"Stack" ·means any chimney, flue, conduit, or duct arranged to conduct emissions 

to the ambient air. 

"Standard Conditions" means a temperature of 20°C (68°F) and a pressure of 760 

mm (29.92 inches) of Hg. 

"State Enforceable"·means all limitations and.conditions which are enforceable· 

by the Agency by means of state regulations, construction or operating permits, 

administrative orders, " assurances of discontinuance, court orders, or 

contracts. 

"Stationary Reciprocating Internal Combustion Engine" means a reciprocating 

internal combustion engine that remains at a stationary source for more than 

twelve consecutive months or a shorter period of time for a reciprocating 

internal combustion engine located at a seasonal source. A reciprocating 

internal combustion engine located at a seasonal source is an engine that 

remains .or will remain at a seasonal source during the full annual operating 

period of the seasonal source. A seasonal source· is a .stationary source that 

remains or will remain at a single location on a permanent basis (i.e., at least 

.two years) and that operates at the location for three months or· more e'ach year. 

"Stationary Source" means any. structure(s.), building(s), facility(ies), 

equipment, installation(s), or operation(s) (or combination. thereof) which 

emits or may emit any air contaminant, which is located on one or more contiguous 

or adjacent properties and which· is owned· or operated by the same person (or 

persons under common control). ·The phrase nemits or may emit any air 

contaminant" as used in this definition applies to both fugitive emissions and 

stack emissions. 

"Stationary Source Hazardous Air Impact Standard" means a concentration in the 

ambient air of a hazardous air contaminant. attributable to the air quality 

impacts of a sta·tionary source, in conjunction with the air quality impacts 

from other stationary sources as determined in accordance with the Agency's air 

quality impact evaluation ·guidelines (revised November 20, 1992). Stationary 

source hazardous impact standards are specified in Appendix C or may be 

determined under Section 5-261(6) of these regulations. 

"Subject To Regulation" means subject to regulation as defined by EPA at 40 

C.F.R. §51.166(48) (b) and any references therein to "major stationary source" 

13 
shall be interpreted as defined in 40 C.F.R. § 51.166(b) (1) (i) rather than as 

defined in this Section.5-101 of these regulations~ 

"Submerged Fill'' means the method of filling a gasoline tank truck or storage 

tank in· which gasoline .enters within six inches of· the bottom of the tank. 

Bottom filling of gasoline tank trucks and storage tanks is included in this 

definition. 

"Surplus", in reference to emission reductions, means emission reductions that 

are voluntarily created by a source and are not required by any state or federal 

laws or regulations or related permits., orders or agreements and are not relied 

upon ~or Agency planning purposes. 

"Ton" means "short ton'! or 2000 pounds. 

"Total Suspended Particulate (TSP).., means particulate matter as measured by the 

reference method specifie_d in Title 40 C.F.R. Part 50,·Appendix B .. 

·"True Vapor Pressure" means the· absolute pressure in pounds per square inch 

(kilopascals) of a pure vapor in equilibrium with its pure liquid or solid form 

at a given temperature. 

"Used Oil" means any petroleum product that.has been refined from crude oil (in 

whole or in part), or any synthetic oil, that has been used and unrefined, or 

is unfit .for its intended use as a result. of' contamination by. physical or 

chemical impurities. Used oil is a free.:..flowing liquid at standard temperature 

and pressure and has a flash point of.greater than 100 degrees (FJ. Used ~il 

includes oils .used as lubricants, heat transfer fluids, hydraulic fluids, and 

for other similar uses, but does not include materials derived from crude or 

synthetic oils that are fuels .(e.g. gasoline, jet fuel and diesel fuel), 

cleaning agents or solvents (e.g. naptha or mineral spirits). These materials 

are subject to regulation under the Hazardous Waste Management Regulations 

Subchapters 1 through 7, as applicable. 

"Vapor Balance System" mean.s .a combination of_ pipes or hoses which create a 

closed system between the vapor spaces of an unloading tank and a receiving, 

tank such that vapors displaced from the receiving tank are .transferred t.o the. 

tank being unloaded, or an equivalent system that has been approved by the Air 

Pollution Control Officer and EPA. 

·"Vapor Collecti'on System" means all piping, seals, hoses, connections, pressure 

vacuum vents and other equipment between the gasoline tank truck and the vapor 

.processing unit and/or the storage ta~ks and vapor holder. 

"Vapor Control System" means a system that limits or prevents release to the. 

atmosphere of organic compounds in the vapors displaced from a tank during the 

transfer of gasoline. 

"Vapor Recovery System". means a vapor gathering system capable of collecting 

volatile organic compound vapo_:rs and gases emitted during the oper;ation of any 

transfer, storage or process equipment. 

"Vapor-Tight" means equipment that allows no 'loss of vapors. Compliance with. 

vapor-tight requirements can be determined by checking to ensure - that the 

concentration at a potential leak source is·not·equal to or greater than 100 

percent of the lower explosive limit (LELJ when measured with a combustible .gas 

14 , 
I• 

I 

detector, calibrated with propane, at a distance of 1 inch (2.S4 cm)· from the 

source . 

. "Vapor-Tight Gasoline Tank Truck" means a gasolin~ ·tank truck with a. product . . . 

delivery tank that sustains a pressure change of not more than 3.0 inches (75 

mm) of water: within 5 minutes after it is pressurized to 18 inches (450 mm) of 

water; or when evacuated to 5; 9 inche.s ( 150 mm) .of water,· the same tank will 

sustain.a pressure change of not more than 3:0 inches (75 mm) of water within 

5 minutes. This capacity shall. be demonstrated by annual testing using the 

procedur.es specified in Method 27. cif 40 C. F.R. Part 60, Appendix A. 

"Visibility Impairment" means any·humanly perceptible change in visual range, 

''contrast, or coloration from that which would. have . existed· under. natural 

visibility conditions. 

"Vol a ti_le Organic Compound (VOC) " means any organic compound . (i.e., ·chemical · 

compound of carbon) that participates in atmospheric pnotochemical reactions. 

This includes any organic compound other than those determined by the 

Administrator of the· U.S. Environmenta'l Protection Agency to have no or 

~negligible photochemical reacti~ity. 

"Wood Fuel" for the.purposes of these regulations means natural wood, as well 

as, -sawdust or other wood waste generated by wood ~rocessing operations. 

15 
5-25~. 2 - Bulk Gasoline Terminals 

(a) Applicability. This subsection_ shall apply to all loading racks that 

deliver liquid products into gasoline tank trucks at a bulk gasoline terminal. 

Once a f~cility is subject to this subsection, it .shall remain so, even if th~ 

throughput falls below the applicability .threshold. 

(b) Standards. 

(1) All of the loading racks at a bulk gasoline . terminal subject to this 

subsection shall be equipped with a vapor collection system and vapor control 

system designed to-collect and control the organic compound liquids or vapors 

displaced from gasoline tank trucks during product loading. 

(2) Each vapor collection system shall be designed to prevent any vqlatile 

organic compound vapors collected at one loading rack from passing to another 

loading rack. -

(3) The owner or operator of a bulk gasoiine terminal shall load gasoline 

into vapor-tight gasoline tank trucks only, using the following procedures: _ 

(i) Obtain the vapor-tightness documentation for each gasoline tank truck 

prior to loading the tank truck at a loading rack. subject to this subsection; 

(ii) Record the tank ide9tification number of each gasoline tank truck as it 

is loaded at the terminal; 

·(iii) Cross-check each tank identification number obtained with the tank vaportightness documentation on file at the bulk gasolin·e terminal within 2 weeks 

after the corresponding tank is loaded; 

(iv) Notify the owner or operator of each previously loaded gasoline tank truck 

that is .not vapor-tight within 3 weeks after the loading has occurred; and 

(v) Assure that any non-vapor-tight ga$oline tank truck will not be reloaded 

at a loading rack until vapor-tightness documentation for that tank truck is 

obtained. 

(4) The terminal owner or operator shall ensure that the loading of gasoline 

tank trucks at the loading rack is limited to tank trucks equipped with vapor 

collection equipment that is compatible with the vapor collection system at the 

terminal. 

(5) The terminal owner or operator shall ensure that the vapor collection 

system of the terminal and the tank truck are connected during each loading of 

a gasoline tank truck at the loading rack. 

· (6) The vapor collection and liquid loading equipment shall be designed and 

operated to prevent gauge pressure in the gasoline tank truck from exceeding 

450 mm of water during product loading. 

(7) No pressure-vacuum vent in the bulk gasoline terminal's vapor collection 

system shall begin to open at pressure less than 450 mm of water. 

(8) The total amount of organic compounds emitted to the atmosphere released 

from the vapor collection system and vapor control system during the loading of 

16 
gasoline tank trucks shall not exceed 4. 7 grains per gallon (80 mg/L) of gasoline 

loaded. 

:(9) . Loading of gaso·line tank trucks at bulk terminals shall be by submerged 

fill only. 

(c) Inspection requirements. The terminal owner or operator shall inspect the 

vapor collection system, the vapor control system and each loading rack every 

calendar month for liquid.and vapor leaks during transfer operations. Detection 

methods using sight, sound or smell are acceptable. Each leai detected shall be 

recorded and the source of the leak repaired within 15 calendar days after it 

is detected. 

(d) Test methods. Compliance with this subsection shall ·be determined lJ.Sing 

the test procedures set_ forth_ by the Air Pollution Control Officer. 

(e) Record keeping. 

(1) The owner or operator of a bulk gasoline terminal shall maintain records 

for a·minimum of three year~ on the following: 

(i) Tank truck tightness documentation shall be kept on file at the terminal 

in a permanent form available for inspection. The documentation file for each 

. gasoiine tank truck shall be updated at least once per year to record current , 

test results as determined by test method 27. 

(ii) Documentation shall include, but is riot limited to, th~ following: 

(A) 

27; 

Test title~ Gasoline Delivery Truck Pressure Test--EPA Reference Method ) 

(B)· Tank owner name and address; 

(C) Tank identification number; 

(D) Testing location; 

(E) Date of testi 

(F) Tester's name and signature; 

(G) Name, signature and affiliation of any witnessing .inspector; and 

(H) Test results: actual pressure change in ·5 min., reqorded in mm of water 

(average for two runs). 

(2) The owner or_ operator of the bulk gasoline terminal shall keep a record 

of monthly.leak inspections .on file at the terminal. Inspection .records shall 

include, but are not limited to, the following information: 

(i) Date of inspection; 

(ii) Description of leaks found during inspection, if any; 

(iii) Leak determination method used; 

(iv) Corrective action taken including date leak repaired; and 

17 
(v) Inspector's name and signature. 

(3) The owner or operator of a bulk gasoline terminal shall maintain records 

of daily throughput. 

(4) All records required under this subsection shall be mad~ available for 

inspection during normal business hours and copies shall be provided to the Air 

Pollution Control Officer upon request. 

(f) Compliance. A bulk gasoline terminal ·subject to this subsection shall be 

in compliance on or before the effective date of this rule. 

18 
5-253.3 Bulk Gasoline Plants 

(a)· Applicability. 

( 1) This. subsection shall apply to any bulk gasoline plant with an average 

·daily throughput of 3, 000 gallons or greater ·calculated on a calendar month 

basis. Once a bulk gasoline plant is subject to this subsection, it shall remain 

so, even if its throughput later falls below the applicability threshold. Any 

bulk gasoline plant.with a throughput which is below the.threshold shall comply 

with the requirements of paragraphs (b) (3) (vii), (viii),. (ix) and. (d) (1) (i) 

only. 

(2) This subsection shc:i.11 also apply to any bulk gasoline plant, regardles·s 

of its gasoline throughput, for which· construction or reconstruction is 

commenced after Janua:r:y 1, 2001. 

(b) Standards. 

(1) :The owner or operator of a· bulk gasoline plant shall equip each gasoline 

storage tank with a submerged fill pipe and shall equip the bulk gasoline plant. 

with a vapor balance systeni between the gasoline storage tank and the incoming 

gasoline tank truck. The lines shall.be equipped with fittings that are vaportight andthat automatically and immediately close.upon·disconnection. 

( 2) . ·The owner or operator of a bulk gasoline pla11 t sh.all equip the plant's 

loading rack(s) for submerged fill and shall equip the bulk gasoline plant with 

a vapor balance system · between the gasoline· storage tank and the outgoing 

gasoline tank truck. The vapor balance system shall be designed to prevent any 

vapors collected at one loading rack from passing to ancither loading.rack. The 

lines shall be equipped with fittings that are vapor-tight and that 

automatically and immediately close upon disconnection. 

(3) The owner or operator .of a bulk gasoline plant required to maintain and 

operate. a vapor balance system under this subsection shall ensure that the 

following procedures are complied with during gasoline loading and unloading 

operations and in the storage of gasoline: 

(i) The vapor balance system shall be connected between the gasoline tank 

truck and the storage . tank during all. transfer operations and the connection 

shall be vapor-tight; 

(ii) All storage tank openings, including inspection hatches and gauging and 

sampling devices, shall be vapor-tight when not in user 

(iii) The gasoline· tank . truck compartment hatch covers shall remain closed 

during the transfer of gasoline; 

(iv) The vapor balance system shall be designed and operated at all times to 

prevent gauge pressure in the gasoline tank truck from exceeding 18 inches (450 

, millimeters [mm]) of water and vacuum from exceeding 5. 9 inches (150 mm) of 

water.during product transfer; 

(v) No pressure vacuum relief valve in the bulk gasoline plant vapor balance 

system shall begin.to open at a system pressure of less than 18 inches (450 mm) 

of water.or at a vacuum of less than 5.9 inches (150 mm) of water; 

19 
(vi) All product transfers shall be limited to vapor-tight gasoline tank trucks 

or account trucks [for definition of account truck see Section 5-253.5(b)]; 

(vii) The filling of storage tanks shall be accomplished by submerged fill only; 

(viii) The loading of outgoing gasoline tank trucks and account trucks ·[for 

definition of account truck see Section 5-253.5(b)] shall be accomplished by 

submerged fill only; and 

(ix) The owner or operator of the gasoline bulk plant or the gas.oline tank 

truck shall observe the entire transfer operation and shall discontinue transfer 

if 'any liquid or vapor leaks are observed. 

(c) Inspection and monitoring requirements. 

(1) The bulk gasoline plant owner or operator shall inspect the vapor balance 

system and each loading rack ·every calendar month for liquid and vapor leaks 

during gasoline transfer operations. Detection methods using sight, sound, or 

smell are acceptable. Each leak detected shall be recorded and the sourc~ of 

the leak repaired within 15 calendar days after it is detected. 

(2) A pressure measurement device (liquid manometer, magnehelic gauge, or 

equivalent instrument) capable of measuring 20 in. of water gauge pressure 

within a ± 0'.5 inches of water precisiori, shall be calibrated and installed on 

the bulk gasoline plant vapor balance system, if applicable, at a pressure tap, 

located as close as possible to the connection with the gasoline tank truck, to 

allow determination· of compliance with paragraph (b) (3) (iv). 

(d) Record keeping. 

(1) The owner or operator of a bulk gasoline plant which is subject to this 

subsection shall maintain the following records for a minimum of three years: 

(i) Daily records 

gasoline tank trucks 

Section 5-253.5(b)]. 

showing the quantity . of all gasoline transferred into 

and account trucks [~or definition of account truck see 

(ii) A record of each monthly leak inspection shall be kept on file at the 

plant. The inspection records shall include but are not limited to: 

(A) The date of inspection; 

(BJ Findings, including a description of leaks· found, if an~; 

(C) Leak determination method; 

(D) Corrective action taken, including the date each leak was repaired; and 

(E) The inspector's name and signature. 

( 2) All records_ required under this subsection shall be. made available for 

.inspection during normal business hours and copies shall be provided to the Air 

Pollution Control Officer upon :i::equest·. 

(e) Compliance. All bulk gasoline plants subject to 'this subsection shall 

comply with this subsection by July 1, 1994 or by the commencement of plant 

operation, .whichever occurs later. 

20 
5-253.5 ·Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities 

(a) Applicability. 

(1) This section shall apply to all gasoline dispensing facilities and the 

appurtenant equipment necessary to a gasoline dispensing facility, except as 

provided below. 

(2) Except for the requirement in subsection (c) (1) (i) that the filling of 

gasoline storage tanks shall be by submerged f.:j.11 only,· gasoline dispensing 

facilities which receive deliveries from account trucks only are exempt from 

·the ~revisions ofvthis section. (ii) 

(3) Once a gasoline dispensing facility becomes subject to subsection (e) of 

this section because of an increase .in monthly gasoline throughput, .it shall 

remain so, ~ven if the.throughput falls below the applicability·threshold. 

(4) (Jasoline dispensing facilities are also required to comply with "National 

Emission Standards for Hazardous Air Pollutants from Source Category: Gasoline 

Dispensing Facilities", 40 CFR Part 63, Subpart CCCCCC. 

(b) Definitions. For the purpose of this subsection, the following definitions 

apply, in addition to those of Section 5-101 of this .chapter: 

"Account truck" means a delivery truck with a· capacity of less than 4, 000 

gallons which delivers gasoline to businesses, retail outlets and farms. 

"Dual-point Stage I vapor recovery system" means a type of Stage I· vapor recovery 

system.in which the gasoline storage tank is equipped with an entry port for a 

gasoline fill pipe and a separate exit port for a vapor connection. 

"Monthly.gasoline .throughput" means the total volume of gasoline that is loaded 

into, or dispensed from, all gasoline storage tanks at each gasoline dispensing 

facility during a month. Monthly throughput is calculated by summing the volume 

of gasoline loaded into, or dispensed from, all gasoline storage tanks at each 

gasoline dispensing facility during the current day, plus the total volume of 

gasoline loaded into, or dispensed from, all gasoline storage tanks at each 

gasoline dispensing facility ·during the previous 364 days, and then dividing 

that sum by 12. 

"Stage ;:I vapor recovery system" means a system in which. gasoline. vapors are· 

forced from the storage tank into a vapor-tight gasoline tank truck or vapor 

collection and control system through direct displacement by the gasoline loaded 

into the storage tank. 

"Startup" means the setting in operation of a gasoline ·dispensing facility 

subject to this section or a portion of a gasoline dispensing facility subject 

to this section for any purpose. 

(c) Standards. 

(1) The owner or operator of a gasoline dispensing facility subject to this 

section which receives deliveries of gasoline into gasoline storage tanks from 

a gasoline tank truck sJ;i.all install, operate and maintain a Stage I vapor 

recovery system that meets the following design criteria: 

21 
(i) The filling. of gasoline storage tanks shall be ~y submerged 

fill only; 

(ii) All vapor lines on the gasoline storage tank are equipped 

with closures that seal' upon disconnect; 

(iii) The Stage I vapor recovery system shall not cause the pressure 

in the gasoline tank truck to exceed · 18 inches of water 

pressure or 5.9 inches of water vacuum during product 

transfer; 

(iv) At gasoline dispensing facilities employing dual-point Stage 

I vapor recovery, the vapor recovery and product adaptors, 

and the method of connection with the deliveiy elbow, shall 

be designed so as to prevent the over-tightening or loosening 

of fittings during. normal deli very opera:t:ions; 

(v) If a gauge, well separate from the fill tube is used, it shall 

be provided with a drop tube that extends to within 6 inches 

of the bottom of the gasoline storage tank; 

(vi) All liquid fill connections on gasoline. storage. tank·s shail. 

be equipped with vapor-tight caps; 

(vii) Pressure/vacuum (PV) vent valves shall be installed on .the 

gasoline storage tank vent pipe~. The pressure specifications 

£or PV vent valves shall be: a positive pressure setting of 

2.5 to 6.0 inches of water and a negative pressure setting of 

6.0 to 10.0 inches of w~ter. The total leak rate of all PV 

vent valves at the facility, including connections, shall not 

exceed 0.17 cubic foot per hour at a pressure of 2.0 inches 

of water and 0.63 cubic foot per hour at a vacuum of 4 inches 

of water; 

(viii) The Stage I vapor recovery system shall be capable of 

meeting the static pressure performance requirement of the 

following equation: 

Pf= .2e(-500.887/v) 

Where: 

Pf = Minimum allowabl.e final pressure, inches of water. 

v = Total ullage affected by the test, gallons. 

e = Dimensionless const~nt equal to approximately 2~718 

2 = The initial pressure, inches of water 

The pressure performance requirement can also be determined from the table in 

Appendix G of these regulations; 

(ix) Any gasoline dispensing facility that is a newly constructed 

source, is a reconstructed source, or installs a new gasolinr=; storage tank or 

tanks after July 1, 2015 shall equip all its gasoline storage tanks with a dualpoint Stage I vapor recovery system at the time specified in subsection (g) (3) 

of this section . 

. ( 2) During the transfer of gasoline . from the gasoline tank truck to the 

gasoline storage tank, the owner or operator of a gasoline tank truck delivering 

gasoline to a gasoline dispensing facility subject to this subsection shall 

ensure that: 

22 
(i) (i) All hoses in the vapor balance system are properly 

connected;, 

(ii) The adaptors or couplers tpat attach to the vapor line on the 

gasoline storage tank have closures that seal -upo_n 

disconnect; 

-(iii) All vapor return hoses, couplers and adapters used in the gasoline, 

delivery are vapor-tight;_ 

(iv) All vapor return equipment on the gasoline tank trucl;c is compatible with 

the Stage I vapor recovery system installed on the gasoline storage tank; 

(v) All hatches on the ga~oline tank truck are closed and securei~f~stened; 

and 

(vi) The -filling of gasoline storage tanks_ at gasoline dispensing facilities 

is limited to unloading by vapor~tight gasoline tank trucks. Documentation that 

the gasoline tank truck is a vapor tight gasoline. tank truck shall be carried 

on the tank.truck. This documentation shall include test results of the pressure 

and vacuum tests. 

(3)- The owner or operator must, at all times, operate and maintain any 

gasoline dispensing facility subject to this section, in'cluding associated· air 

pollution control and monitoring equipment, in a manner consistent with safety 

and good air pollution control practic~s for minimizing emissions. Determination 

of whether such operation and maintenance procedures are being used will be 

based on information available to the Air Pollution Control Officer which may 

include, but is not limited to~ monitoring results, review of. ope.ration and 

maintenance procedures and records, and inspection of the gasoline dispensing 

facility. 

(4) The owner or operator of any gasoline dispensing .fa.cility subject 

to this section must not allow gasoline to be handled in a manner that would 

result in vapor releases to . the atmosphere for extended periods of time. 

Measures to be taken include, but are not limited to, _the following: 

(i) Minimize gasoline spills; 

(ii) Clean up spills as expeditiously as practicable; 

(iii) Cover all open gasoline containers and all gasoline storage 

tank fill-pipes with a gasketed seal when not in use; and 

(iv) Minimize gasoline sent to open waste collection systems that 

collect and transport gasoline-to reclamation and recycling 

devices, such as oil/water separators. · 

_ (d) Inspection requirements 

(1) Each month, the owner or operator of a gasoline.dispensing facility 

subject to this section shall inspect the Stage I vapor recovery system as 

follows: 

(i) Check for the presence of PV vent valves and any visible 

damage;' 

23 
. ·/ 

(ii) Check each fill adaptcir cap for the presence of.a gasket and 

tightness of fit; 

(iii) Check each vapor adaptor (dry break-t'r poppet valve) to ensure 

th~ poppet valve depresses and reseats prop~rly and makes a tight seal with the 

vapor adaptor ~alv~ seat; 

(iv) Check each vapor adaptor cap for the presence of a gasket and 

tightness of fit. 

(2) Each calendar year, but. n·o sooner than 10 months after the prior 

annual inspection,. the owner or operator. of a gasoline dispensing facility 

subject to this section shall inspect the Stage I vapor recovery system as 

follows: 

. . 

(i) .Check each fill adaptor to en~ure it i~ threaded tig~tly onto 

the riser pipe; 

(ii) Check each vapor adaptor to ensure it is threaded tightly 

onto the riser pipe; 

(iii) Check the in-tank monitor caps for tightness of fit and check 

the probe wire grommet to ensure it is ~ealed tightly around the probe wire; 

(iv) Check any spill bucket drain valves for a tight seal; 

(v) Other components identified by the Air Pollution Control 

Officer. 

(3) ,Any component of the Stage I vapor recovery system identified as 

·missing, worn, or ineffective during an inspection required by subsection (d) (1) 

or (2) shall be repaired or replaced by the owner or operator of the gasoline 

·.dispensing facility to ensure the vapor-tight integrity and efficiency of the 

Stage I vapor recovery system. An initial attempt to repair or replace .any 

missing, worn or ineffective compo~ent shall be made as soon as practical. The 

defective component shall .be r'epaired or replaced within 15 calendar days after. 

the inspection that found the deficiency .. If repair or replacement is not 

completed within 15 days, the owner or operator shall i:qunediately notify the 

Air Pollution Control Officer of the reason (s) that the defective component 

cannot be repaired or replaced, and the· Air Pollution Control Officer may 

authorize additional time for the repair or replacement. 

(e) Testing. 

· (1) The owner or operator of any gasoline dispensing facil'ity with a 

monthly gasoline throughput of 100,000 gallons/month or greater shall conduct 

and pass the following tests on the gasoline. dispensing facility's Stage I vapor 

recovery system every three ,years beginning no later than ·90 days after the 

effective date of this regulation: 

(i) A pressure decay test performed in accordance with: 

(A) California Air Resources Board Vapor Recovery. Test Procedure TP-201~3 -

Determination of 2-Inch WC static Pressure Performance of Vapor Recovery Systems 

of Dispensing Facilities, adopted April 12, 1996 and amended March 17, 1999; 

24 

' " 
I 

'. ~ 

(~) Bay Area Air Quality Management District Source Test Procedure ST-30 -

Static Pressure Integrity Test - Underground Storage_ Tanks, adopted N.ovember. 

30, 1983 and Amended December 31, 1994; or 

(C) An alternative method as approved by.the Air Pollution Control Officer 

and EPA. 

(ii) A leak rate and cracking pressure test on any pressure/vacuum 

vent valves performed in accordance with~ 

(A) California Air Resources .Board Vapor Recovery .Test Procedure TP-201. lE -

Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, adopted October 

8, 2003 

- (B) An alternative method as approved by the Air Poilution Control Officer 

_and EPA. 

(2) The owner or operator of a gasoline dispensing fa,cllity subject to 

this subsection shall notify the Air Pollution - Control Officer at least S 

calendar.days in_ advance as to when the testing in'subsection (e)-(1) (i) or (ii) 

will occur and what party will conduct the testing, 

· (3) - A copy of t_he test results shall be submitted to -the Air Pollution 

Control Officer within 30 calendar days of completion of the above t~sting. 

(4) An owner or operator who performs and passes -all testing required 

by subsection ( e) ( 1) of this section, on or before September -1 of the appropriate 

year will be considered to be incompliance for that-year with the requirement 

for an annual inspection in subsection (d) (2) of this section. 

(5) The Air Pollution Control Officer may require the owner or operator 

of a gasoline dispensing facility to conduct tests at any reasonable time to 

determine compliance with th_is section." The Air Pollution Control Officer or 

the Officer's representative may also conduct testing at any reasonable time 

for the same purpose. 

(f) Record keeping and Reporting. 

( 1) The _owner or operator of a . gasoline dispensing facility shall 

maintain monthly records showing the quantity of all gasoline delivered to the 

site: Upon request by the Air Pollution Control Officer or EPA, the owner or 

operator of a gasoline dispensing fa_cility shall document to the Agency the 

monthly gasoline throughput at the gasoline dispensing facility in the manner 

prescribed by the Air Pollution Control Officer. 

(2) The owner or operator of a gasoline dispensing .facility shall 

maintain records of the monthly 1nspections of the Stage I vapor recovery system 

in a -format approved by the Air Pollution Control Officer; 

(3) Each record required to be kept by this section shall be maintained 

by the owner or operator of the facility for a minimum of five years. These 

records shall be made- available for irispection by representatives of the Agency 

during normal business hours and- copies shall be ·provided to such 

representatives, to the Air Pollution Control Officer, or EPA upon request; 

( 4) By December 31 of. each year, the owner or opera tor of -a gasoline 

dispensing facility ·shall document and certify- to the Agency compliance with 

subsection (d) (2) of this section in a manner prescribed oy the Air Pollution 

Control Officer. 

25 
(g) Compliance. 

(1) The owner or operator of any gasoline dispensing facility subject to this 

section shall comply with this section on or before July 1, 2015, · except as 

provided below. 

(2) The owner or operator of any gasoline dispensing facility that is a newly 

constructed or reconstructed source for which construction cornffiences after July 

1, 2015 shall comply with this section upon startup of the facility. 

(3) The owner or operator of a gasoline dispensing facility shall comply with 

subsection (c) (1) (ix) of this section regarding equipping its gasoline storage 

tanks with a dual-point Stage I vapor recovery system as follows: 

(i) ·Any gasoline dispensing facility that is a newly constructed or 

reconstructed source for which construction commences after July 1, 2015 shall 

comply with subsection (c) (1) (ix) of this section upon startup of the fa.cility. 

(ii) Any gasoline dispensing facility existing on July 1, 2015 at which 

a new gasoline storage tank or tanks are installed shall comply with subsection 

(c) (1) (ix) of this section upon startup of operation of the first new tank. 

(4) The owner or operator of a gasoline dispensing facility that becomes 

subject to the requirements in subsection (e) of this section regarding testing 

because of an increase in monthly gas_oline throughput shall comply with 

subsection (e) of this section by the end of the first calendar year following 

the year in which the monthly gasoline throughput exceeded 100, 000 gallons. 

Testing shall continue to be conducted every 3 years after the testing is first 

required to be conducted and passed. 

26