# VERMONT

StateofVermont 

### AGENCYOFNATURAL RESOURCES DepartmentofEnvironmentalConservation Air Quality & ClimateDivision Davis 2 , OneNational LifeDrive Montpelier, Vf05620-3802 (802) 828-1288


### David Conroy EPA

- ewEngland, Region I 5Post Office Square, Suite 100 Boston, MA 02109-3912 January 26, 2015

RE: Vermont State ImplementationPlan Submittal for Revisions to Vermont Air Pollution Control Regulations Including Subchapter 1 

### (Definitions) and Subchapter II (Prohibitions) DearMr. Conroy: Please find enclosed Vermont's submittal for revisions to the Vermont State ImplementationPlan (SIP) to incorporate amendments to the Vermont Air Pollution Control Regulations (V

### APCRs) including updates to Subchapter I (Definitions) and SubchapterII (Prohibitions). These amendments are primarily intended to clarify and provide additional flexibility to severa l definitions relating to gasoline storage and distribution, including the existing Stage I vapor recovery regulation. In support ofthis submittal,please find enclosed the following additional documents: Enclosure 1. 

### A copy ofthe public notice Enclosure 2. Certificationpursuantto 40 CFR §51.102 Enclosure 3
.List ofwitnesses, summary ofcomments received, and responses to comments Enclosure 4. SIP technical support document Enclosure 5. Annotated version ofrecently adopted amendments to VAPCRs to be included in VT's SIP Enclosure 6
.Full text ofVAPCRs effective December 29, 2014 Ifyou have any questions, please contact Heidi Hales at (802) 498-7338,by email at Heidi.Hales@state.vt.us, or inwriting at the above address.

ely,

# ~ 

# \
DavidK. M \ ars, omm1sswner Department ofEnvironmental Conserva tion

cc: Ida McDonald, EPA Region I Heidi Hales, AQCD Enclosures

Regional Offices - Barre/EssexJc t./Rutland/Springfield/St
.Johnsbury

## CERTIFICATION OF VERMONT STATE IMPLEMENTATION PLAN (SIP) ADEQUACY REGARDING CLEAN AIRACT SECTIONS 110(a)(1)AND (2)

State ofVermont DepartmentofEnvironmental Conservation

. Air Quality and Climate Division

January 26, 2014

# ~ 

# VERMONT

## ENCLOSURE 1 PUBLIC NOTICE OF INTENT TO REVISE THE STATE IMPLEMENTATION PLAN FORAIR QUALITY

### Posted online on September 24, 2014 on the AQCD website (http://www.anr.state.vt
.us/air /htm/ProposedAmendments.htm)
I) AirPolluticoCCf'ltrcl OM k +- - C [j www.anr.state.vtuS/air/htm/Propose<lArnendments
.htm

Recently Adopted And Pr oposed Regulations
lhisweb page i sintended tD provide information on proposed regula:ofy**c~**tD the**~**..lrlPol/mien GJntrrJIRa:;f,b/iDns. The adoption ofnew reguldaons**or~** ofecisting re.gulitions**~subject** tD the adrNnlstr31ive Me illdDption procedur.!sof TrtSe 3**~..t ~.41nO(;J;E;dO\ii(ltif** 25 (AdministraHYe -.dureskior "APA")**~** bythe s.cr.taryofstate
. TheAPA ll'Qui res'"' Ag<n<y llfOP(>lino regulitmy ;nendment;to followe-n """'a>d <""'<'l.to**~**fDrr.lS debihng the pmposed ill'nl'Odments.
Amendmentsto the Air Pollution Control Regulations regarding gasoline vapor recovery: 1'he5eanendmentstD theMPof1ution Control ReQubtions (.APCR) 'A ill difffyand proW:ie**~itiorul** Rexlbllity to 5i!'o'er3l definitiOns fi!lating m gasoline stor.lge400 distribution
. dirify rt'QUiranents I n the existino St3Qe Iv.1PQr**~__.,and** wiDimprowtheconsistEn<'( of theAPCP. with feder.llll'QUIRments forgosoli nedispensing f.ldlitles. The- will hElp ID """""lllal rBtuction I ntheemissions ofQ41501ineVil()Ors contiinl ng voiCitlle Orgillic compounds (VOCs) iRihaziwdous .- ctlfltiminants(H:£5)t.rvetec1 bytheexisting Stage 1 f8Jul3tion ..-e maini:MK.od and enh.anced
. The publiccomment period .and hearlno for thisndelrill411so so:ne as the cormJBJt period**~** hearing required under 40 CF.R. §51.102 f orco""'llflding revbion ID VEm10nrs State !mp\ementiionPlan (SJP)**to~ ly** **"withthe**a- AirAct ( CAA)
.

Amendments toSubchapterW AmbientAJrQuality Standards, VemM>nt AJr**P~lutioo** Control Regulations:The.Agency ofNatural Resources_ through the/IJr QJ.altty and Oimite OMsion inthe Departmentof E nvironment:i Conserv-..tkln, is proposino amendmBlts tD Subchapter m Ambient AirQ.Jality StirKbn:ls ind**~other** minoramendments tD theVermont Air Pollution Control Riguliitlons ootid below
. lheplin\irfpurpose ofthis rulemaklno Isto update Vermonrs anbient**~r**qu.lli ty sbndan:ls forparticulate matter, oxi des of nitrool'l'l, sulfurdioxide, ozone, and iead to make them consistent with the National Ambient**~r** ()Jali ty Standart1s (NAAQS),**~tl ch**  Vermont is reQuired to meet underthefederal Clean Air Act (CAA)
. Minor climying .mendments an! illso proposed forthepermitting regui.UOOS. Amlnor ornendment**is~** proposed for used oi lcombustion, buing up therule with Vermont Ha:z3n:iousWaste M¥1agenent Rul es end settino • new t:hrooghput threshold
.Amioora"l'liE!Ildment I s also proposed to dactfy that most sources k5s than fNe tonsperyearofemissions do not require a permit A pubrtc hearing on the proposed amendments will be held on Mondiv February 3rd at 6:00 PN .tthe Auditorium In the Pavillion OO"tte Buildino, 109 StnStreet, Montpelier , Vermont The deadlinefor tOITW'I'IeOts Is Monday, Februay loth
.The public: conment peOod and kea'tno forthis**ru~**• ill also serve as theconment pEf\od Mld healing under40C.F
.R. § 51
.102 for correspondi no rwl!ions to Vermont's StOImpl ementation Plan (SlP) to complywith the C'..AA.. • Click for lamervHr• of currenljmaqe below owrtooklng Lake Chamolai nfrom UVM campy3 in Bur1 inaton Y!

• 9f24M.C Amendments

to AirPolutioo ContrOl Regutatlons reoardinagasoline yapor recoyery
• 9t

4/H F ree Online**~** Vermont p iegel Truck OrM!rJind Aegt Man30e[JAyailiib\e 9}211 4 Notice of CANCELLATIONor hearing forProPOSed revtsions tovermonO lnfrastrutllJre State lmclementation Ptao**~**

### Posted online on September 24, 2014 onthe Secretary ofState website (https://secure.vermont.gov /SOS/rules/index.php)**~** - C I https;ltseaue.vermontgov /SOS/rules/results.php

### ~ Proposed Rules Postings 

### VERMONT A Service ofthe Offtce ofthe Sec:m.ryof StMe



# - Seare!h Rules

Deadline:NOY05,2014 Thedeadline forpublic comment has expired

.ContactlheagencyOfprimaryc.ontartpersonlistedbekr • twassJstlnce.

Rule Nurmer: TICI&: T ype: StilUs: Agency: Legal Authoriiy:

Sun-mary:

Persons AI'fected:

E conorr»c ln'1!act

Posting date: Hearing lnf onnatlon
Hearingdate: Location: Address: Cil'r. Stile: Zip: Hearing Notes: Contactlnf oll!'allon 1-4P049 .Amendmentsto the NrPollution Control Re;ulations Re;ardingGasolmeVaporRetovefy

. Standard F ma.l Proposed M OJality & ClimateOMsion.AgencyOfNaturalResourtes.. 10V

.s.A §§553
.and**554(2 ~**  These amendmentstotheMPortution Control Regulations (APCR)WiU tlarif/and provkle aoditional nexibilityto se>ter.lJde1'inrtions relating 10 gasoO ne siurage and dfstr1bu11on,clarify requirements Inlhe exiSting Stige Ivaporrecovery reguU!Itonandwill Improve lheconSistency oftheAPCR •11tll'ederal requirementstlrgasoline dispensing tacittlies.The amendmentswill help 10 enwrethat reduction inlheennsionsofgasoline !13PORcontaining vclatileorvank compounds (VOCs)and hazardous aircontaminants (H.\Cs) tarQeted bylheexisting Sta9e I regulationare maintained and enhanced

.The publtc commentperiOd and nearing for lhis rule wrifl also serve as 1tlec.ommentperiodand hearing required under40 C

.F.R

.§ 51

.10213r corresponding reviSIOn 10Vennonl'sState ImplementatiOn Plan (SF)10 eomptywi1h the Clean AirAI:t (CAA). The propo!ed ruleamendmentswill potentiatty ailect bulkgasolineterminal, bulk9asoline plant. andgasoline dispensing facility (GOF)cr.mers. operaiDrs, ancl businessesthatserve those kldusbies,state**go ~e** **ment**and ltle publte
. The onty anticipated economic Impac tIsID some GOFs !hatmay need 10 Install updated equipmentto complywithamendments ID lhe Stage Ivapor recovery regulation

.Tne eQuipment andestimated costs are lilo>etyi:lvary from FDF10 GDFwiln some needing more components and oltlers alreadyequipped with some orall ofltle needed equipmenl F orltlose GOFslhatdo need ID Install new components lhe estimated cost ranges tom$435 ID $2343 pertacility
.The range In cost isbased on how manycomponents aparticularGOF needsID Install and !he type of equipment chosen bytheGOFowner. Itis likelylhatmostGOfsalfected will already have the required components inplace

. Sep 24,20 14

i'd'ormation for Healingt 1 IG-29-20146:00 Pt.4 *I**"!.li"'~'!!!'** I ·" w PaviliOn Building•Aodii:lrlum 109 State Street Montpelier vr 05602

tntormationfor PnmaryContact

### The notice was also published in newspapers ofrecord on October 2, 2014 (image not available).

## ENCLOSURE 2 CERTIFICATION PURSUANT TO 40 CFR § 

## 51.102AND APPENDIX VOF 40 CFR PART 51

### CERTIFICATION PURSUANT TO 40 CFR § 

### 51.102 & 

### APP. VOF 40 CFRPART 51 REGARDING REVISIONS TO VERMONT'S STATE IMPLEMENTATION PLAN (SIP)

As required by 40 CFR § 51.102(f), I hereby certify thatthe requirements of40 CFR §51.102(a)- (d) were met and that the public notice and hearing procedure followed was consistent withthe informationprovided in the public notice and the State's laws and constitution, as applicable
. Public notice ofthe proposedrevisions to Vermont's State ImplementationPlan (SIP) was posted online on September 24, 2014 on the AQCD website (http://www.anr.state.vt.us/ airlhtm/ProposedAmendments.htm#Subchapteriii), online on September24, 2014 on the Secretary ofState website (https:/ /secure.vermont.gov/SOS/rules/index.php) and published on October 2, 2014 in the Secretary ofState'snewspapers ofrecord. The public was provided with the opportunity to commentuntil November 5, 20 14
. Thepublic notice included notice ofa public meeting to be held on October 29, 2014 at 6:00pminthe Auditorium in the Pavilion Office Building located at 109 State Street inMontpelier,Vermont. Thepublic meeting was held as scheduled and there were no attendees otherthan AQCD staffconducting the meeting.

Heidi Hales Certifying Officer**'** 

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

• Home • Administrative Rules • ADMINISTRATIVE RULES NOTIUSOFRULEMAKJNG NEWSPAPERS OFRECORD RUL£ ON RULIMAKING APAFORMS FlUNGTOOLS 

## Newspapers of Record

Theomce of111e Secrelaly ofState publiShes one formal noticeilan approve<! lSIofnewspapers providing general coveageacross llle slateas the Newspapers of Record (see3 V

.SA § 839tor detailS)

. Note: Tile most recent changesto 3V SA § 839appear in Act No 1 of2013 § 79
. Theomce of111e Secreta!)' ofState publishes notices of adtninistrati'JrulesillllefolloWing newspapers, in accoolanceWilll 3 V

.SA § 839:

• Buri!lgton Free Press • Rutland Hefald • caJeOOnian Record • TmesAtgus • Vennont La wyer • TheValley ews • Addison Independent • Bennington Banner • Brattlelloro Reformer • The Chronicle
.. . • e wport Daily Express • ews & Citizen 1Transcript • SL Albans Messenger • White Rivervaney Herald (a.k

.a. Herald of Randolph) • Islander NOnCEOfRULEMAKING ProposedRules PosllngS

NEED HElL Wrth a 0\Je51ion? Fin<Julg OUrOl!ice?

## ENCLOSURE 3 LIST OFWITNESSES, COMMENTS RECEIVED, AND VERMONT'S RESPONSE TO COMMENTS RESPONSIVENESS SUMMARY

## LIST OF WITNESSES &

## COMMENTS RECEIVED AT HEARING October 

## 29, 2014

List ofWitnesses: No members ofthe public attendedthe Regulation and SIP hearing on October29, 2014. In 

### addition, no public comments were submitted. The only comments received were from the U.S.EPAprovided by letter dated October 30, 2014 from Anne Arnold, Manager, Air Quality Planning Unit. Vermont'sresponses to these comments are presentedbelow.

# VERMONT

State ofVermont DepartmentofEnviromnentalConservation Air Quality & Clirn.ate Division Davis 2 , One NationalLifeDrive Montpelier, VT05620

-3802 (802) 828

-1288 AGENCYOFNATURAL RESOURCES



## RESPONSIVENESS SUMMARY

PROPOSED AMENDMENTS TO AIR POLLUTION CONTROL REGULATIONS REGARDING GASOLINE VAPOR RECOVERYAND REVISIONS TO VERMONT'S STATE IMPLEMENTATION PLAN (SIP) 

### January26, 2015

List ofCommenters: 1
. IdaE. McDonnell, Manager,Air Permits, Toxics, and IndoorAir Programs Unit, U.S
. Environmental Protection Agency, Region 1. 2. There were no otherpublic comments received
.



### Summary ofComments and Responses: 1
. Comment: Section 5-101,Definition of"Vapor Balance System": 

### Vermont is proposingto revise this definitionto include an equivalent system thathas been approved bythe AirPollution Control Officer." Such an alternative should also be requiredto be approved by EPA. Response: Vermonthas added an additional layer ofEPA approval to equivalentvapor balance systems under the definition 

### in 5-101.
2
. Comment: Section 5-253
.5 (c)(l)(viii):For clarity, inthe absence ofusing a superscriptto denote the exponent ofthe 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 subsectionsprovide discretion for the AirPollution Control Officerto approve an alternative test method for the pressure decaytest and the leak rate and crackingpressure test ofPNventvalves. Such an alternative is also required to be approved by EPA for sources subjectto the National Emission Standardfor Hazardous 

### AirPollutants for Gasoline DispensingFacilities (GDF NESHAP)
. In

### addition, EPA approval ofthe alternative test method should also be required in order for EPAto approve Vermont's regulation into the SIP. Thus, these subsections shouldbe 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 enforcementpurposes, inspection records should also be made availableto EPA. This section should be revised to read: "Uponrequest bythe 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, orEPA 

### upon request" It

### may be possible within the demonstrationto use the same supporting information for the different requirements discussed above
. Response: Vermonthas made the suggested changes to the language.
5
. Comment: Since Vermont is revising its Stage Iregulation, EPA suggests the state also consider including CaliforniaAir Resources Board (CARB) enhanced Stage I vapor recovery requirements in this rule. Rhode Islandhas adopted, and Massachusetts has proposedto adopt, these requirements. (See, for examples, Rhode Island AirPollution Control RegulationNo. 11 , "PetroleumLiquids Marketing and Storage," amended December 25, 2013, posted at http://www.dem.ri.gov/pubs/regs/regs/air/air11

_13.pdf)
. Response: Vermonthas determined that including the CARB enhanced Stage I vaporrecovery requirements in this rule revision is notnecessary at this time, nor is itrequired for this ruleto 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 AirAct Amendments of 1990 (CAA) give the States primary responsibility for achievingtheNational Ambient Air Quality Standards (NAAQS). TheNAAQS 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 compl ying with the CAA is the State Implementation Plan (SIP)
. A SIP outlines the programs, actions, and commitments a state will carry outto implement its responsibilities underthe CAA. Once approved by the EPA, a SIP is a legally enforceable document under both state and federal law. 

### Purpose The purpose ofthis document is to provide further discussion and support for the State Implementation Plan (SIP) submittal for revisions to the Vermont AirPollution Control Regulations (VAPCRs) including revisions to SubchapterI (Definitions) and SubchapterII (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 SubchapterII are intended to clarify requirements in the existing Stage I vapor recovery regulation, improve the consistency ofthe VAPCRs with federal requirements for gasoline dispensing facilities (GDFs) and help to ensure that reduction in the emissions ofgasoline 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-l01 Definitions. Existing defmitions for "bulk gasoline terminal" and ''vapor balance system" were revised. Forthe definition of"bulk gasoline terminal", the revision added "and distribution" to the existing "storage" classification ofthe facility and simplified the definition by linking it to an average daily throughput ofmore than 20,000 gallons regardless ofthe means by which the gasoline is delivered to the terminal. The definition of"vapor balance system" was revised to add additional flexibility to allowthis defmition to include other control measures, in addition to a combination ofhoses and pipesto create a closed system between the delivery tank and the receivingtank, ifsuch a control measure is approved by the Air Pollution Control Officer and EPA
.This is intended to allowthe use of equivalent or more efficient control measures at bulk gasoline plants, such as a vapor incineration device, ifa bulk gasoline plant owner oroperator desires to do so.Becausethe term "vapor balance system" appears a number oftimes in the bulk gasoline plant regulation it was cleanerto modify the defmition of


### Page 2 of 4

### "vapor balance system" than to add language pertainingto 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). Theprevious wording referred onl y to a "vaporcollection system" and it appeared to be an oversight that vapor control system was not also referenced
.These additions clarifY thatthe gasoline vapors displaced from gasoline tank trucks during loading must be collected and controlled and thatthe emission limit of80 mg/liter refers to both the collection and control system
. Subchapter II, 

### §5-253.3 Bulk Gasoline Plants. Dueto 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 subjectto such a device being applicabl e to the specific type ofvapor 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 ofthe APCR with federal requirements for GDFs and help to ensure that reduction in the emissions ofgasoline 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 ofless than 550 gallons capacity used specifically for fueling implements ofhusbandry was unnecessary since such tanks would almost certainly be covered by the exemption for facilities that receive deliveries from accounttrucks. §5-253.5(a)(4):Added to ensure awareness that GDFs must also comply with the federal regulation for GDFs found in 40 CFRPart 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 criteriaofa 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 consistentwith 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 oftesting 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 theirreporting 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 ofthesephase-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 ofa 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 gasolinethroughput first exceeds 100,000 gallons is required to conductthe 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 air 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 or equipment standard specified in any order 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 or lighting i s tempor arily unavailable due to reason s beyond the r easonable control of the owner/operat or ;(2) 

### The Independent System O perator has determined capacity deficiency exists and has implemented reduction of five (5) percent or more of normal voltage ; or a power a voltage operating (3) A fire or 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-by

case 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 astationary 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 contaminant.

"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 m ass 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) basis , subject to regul ation at t hat 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) and 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 PM 10 emissions 15 PM 2
.Jc PM 2
.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 H 2

S) 10 Reduced sulfur compounds (including H 2S) 10Air 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 (measured as sulfur dioxide and hydrogen 

### 40 chloride) Municipal solid waste landfill emissions 

### 50 (measured as non-methane organic compounds) Greenhouse gases 1.**~** 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 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 equivalent (C02

### e) 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 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 ar ranged to conduct

"Standard Conditions " 

### means a temperature of 20°C (68°F) and a pressure of 760 rnrn (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 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 sourceu 

### 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 Oilu 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
. loss of vapors . Compliance with "Vapor-Tight " 

### means equipment that allows no 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 subtRerged 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 gas ol ine stor age tank r,vith a capacity of less than 550 gallons that is used specifically for the fueling of i m plements 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 delivery 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 ; (vii) Pressure/vacuum (PV) vent valves shall be installed on the gasoline storage tank vent pipes
. The pressure specifications 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 ; (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 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 maintain 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 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 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 

### owner 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 

### operator 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) will 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 al so conduct testing at any 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 quantity of all 

### gasoli 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 , 000gallons
. 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 

# .)·

·.ENCLOSURE 6 SIP REGULATION REVISIONS -c-AS ADOPTED VERMONT STATE IMPLEMENTATION·PLANSUBMITTAL

. . . . 

## FORREVISIONS TO V APCRs INCLUDING SUBC_HAPTERI (DEFINITIONS) AND SUBCHAPTERII (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; 

# co 2 

### C.E. 

### (%) 

## = x100



### _ - (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_entative. 

### "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 contaminant. "Major Source ofHAPs" 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
8in.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
9equivalent 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" 

### 13shall 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. 

### "Volati_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.

185-253.3 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. 205-253.5 ·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 delivery 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 

### 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 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.



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