ENCLOSURE 1 : 

AMENDMENTS TO 

AIR POLLUTION CONTROL REGULATIONS 
VERMONT ADMINISTRATIVE RULES 

VERMONT STATE 

ARCHIVES & RECORDS 

ADMINISTRATION 

OFFICE OF THE SECRETARY 

OF STATE 

MONTPELIER, VT 
DECLARATION BY 

RECORDS CUSTODIAN 

Government Agency : Vermont State Archives and Records Administration 

Office of the Secretary of State 

Record Series Title : Administrative Procedures Act: Proposed, Final 

Proposed and Adopted Filings; circa 1940 - Present. 

Record Series # : A-205 

This is to certify that the records submitted for scanning are from 

the above records series held by the State Archives at the Office of 

the Secretary of State . 

9/30/2011 

Signature of Record Custodian Date 

D Gregory San_fnrrl 

Typed Name 7 

VT State Archivist 

Title 
ADMINISTRATIVE PROCEDURES ACT 

ADOPTED RULES 

2011 

Adopted Rule Number : 11-040 

Proposed Rule Number: 11P020 

ENTITLED : 

Sulfur Limitations in Fuel 

Document Name: I 1-040 .pdf 

In accordance with 3 V.S .A. § 117(g) (6), these records have been 

digitally scanned for the purpose of preservation using ltncrging 

Guidelines far all Public Agencies 2005 or as amended, provided by the 

Vermont State Archives & Records Administration and Vermont 

Department of Information & Innovation. 
ADOPTED RULE # I 1-040 

Administrative Procedures - Adopted Rule Coversheet 

Instructions: 

In accordance with Title 3 Chapter 25 of the Vermont Statutes Annotated-and the "Rule on 

Rulemaking" adopted by the Office of the Secretary of State, this adopted filing will be 

considered complete upon the submission and acceptance of the following components to the 

Office of the Secretary of State and to the Legislative Committee on Administrative Rules: 

e Adopted Rule Coversheet 

" Adopting Page 

" Clean text of the rule (Amended text without annotation) 

" Letter explaining in detail changes from final proposal. 

All forms submitted to the Office of the Secretary of State, requiring a signature shall be original 

signatures of the appropriate adopting authority or authorized person, and all filings are to be 

submitted, no later than 3 :30 pm on the last scheduled day of the work week. 

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Certification Statement: As the adopting Authority of this rule (see 3 V.S .A: § 

801 (b) (11) for a definition), I approve the contents of this filing entitled: 

Rule Title: Sulfur Limitations in Fuel 

(signature) 

Printed Name and Title: 

Deb Markowitz,. Secretary 

Agency Of Natural Resources 

RECEIVED BY: 

, on I' ZT '!t 

(date) 

Adopted Rule Coversheet 

Adopting Page 

la" Clean text of the rule (Amended text without annotation) 

41!rietter explaining in detail changes from final proposal. 

Revtsed July 31, 2010 
Adopted Filing page 2 

1 . TITLE OF RULE FILING: 

Sulfur Limitations in Fuel 

2. PROPOSED NUMBER ASSIGNED BY THE SECRETARY OF STATE 

11P-020 

3. ADOPTING AGENCY: 

Agency of Natural Resources 

4. LEGAL AUTHORITY / ENABLING LEGISLATION: 

(THE SPECIFIC STATUTORY OR LEGAL CITATION FROM SESSION LAW INDICATING WHO 

THE ADOPTING ENTITYIS AND THUS WHO THE SIGNATORYSHOiILD BE. THIS 

SHOULD BE A SPECIFIC CITATIONNOTA CHAPTER CITATION). 

10 V .S .A . §§ 554, 558, and 585 

5 . THE FILING HAS CHANGED SINCE THE FILING OF THE FINAL 

PROPOSED RULE. 

6. THE AGENCY HAS INCLUDED WITH THIS FILING A LETTER 

EXPLAINING IN DETAIL WHAT CHANGES WERE MADE, CITING 

CHAPTER AND SECTION WHERE APPLICABLE, INCLUDING CHANGES IN 

ECONOMIC IMPACT. 

7 . THE LEGISLATIVE COMIVIITTEE ON ADNIINISTRATIVE RULES 

DID NOT OBJECT TO THE FINAL PROPOSAL. 

8. PROCEDURAL HISTORY OF ADOPTION: 

ICAR Filing: 03/10/2011 

Proposal Filed with Office of the Secretary of State: 0 5 / 13 / 2 011 

Notices Posted Online: 0 5 / 18 / 2 O 11 

Notices Published In Newspapers of Record : 05/26/2011 

A Hearing WAS Held. 

Hearings Held (PLEASE USE ADDITIONAL SHEETS TO PROYIDE THE DATE, TIME AND 

LOCATION OF ALL HEARINGS IF THIS FORMIS INSUFFIENCT TO LIST ALL HEARINGS 

HELD) : 

Date: 6/21/2011 

Time: 06 : 0 0 PM 

Location: Auditorium in the Pavilion Office Building, 

Montpelier, VT 

Date: 

Revised-July 31, 2010 
Adopted Filing 

Time : PM 

Location: 

Date : 

Time : PM 

Location: 

Date : 

Time : PM 

Location: 

Deadline for Public Comment: 0 6 / 2 8 / 2 011 

Final Proposal - 

Filed with Secretary of State: 08/17/2011 

Filed with LCAR: 08/17/2011 

Dates of LCAR Review: 0 9 / 2 2 / 2 011, 

Adopted Rule - 

Filed with Secretary of State: 09/28/2011 

Filed with LCAR: 09/28/2011 

page 3 

. . 

9. EFFECTIVE DATE: 10/14/2011 

(A RULE MAY TAKE EFFECT 15 DAYSAFTER ADOPTIONIS COMPLETE OR AT A LATER 

TIME PROVIDED IN THE TEXT OF THE RULE SEE 3 V. S A. §845 (d) FOR DETAILS) . 

Run Spell Check 

Revised July 31, 2010 
~RMoNr 

Vermont Department of Environmental Conservation 

To: LCAR and Secretary of State 

From: Elaine 0'Grady, Attorney, Air Pollution Control Division 

Date: September 28, 2011 

Re: List of Changes to APCR § 5-221(1) Since the Filing of the Final Proposed Rule 

Please find set forth below a brief description of and reason for each change made since the 

filing of the final proposed rule, entitled "Sulfur Limitations in Fuel", which seeks to amend 

section 5-221(1) of the Air Pollution Control Regulations. 

(1) In § 5-221(1)(b), the following changes were made: 

Notwithstanding the provisions of subsection (1)(a) of this section, fuel stored in 

Vermont that met the applicable maximum sulfur content limit at the time the fuel 

was stored in Vermont may continue to be stored, used, offered f^r °^'^, °^'`', 

delivered or exchanged in trade after the effective date of the applicable limit in 

subsection (1) (a) of this section but not be offered for sale or sold. 

These edits were made to ensure consistency with 10 V.S .A. § 585(b)(1) and (2), which 

prohibit the sale in Vermont of "heating oil" after certain dates unless the oil's sulfur 

content meets specified limits. 
ADOPTED RULE : SULFUR LIMITATIONS IN FUEL - Clean Text 

September 28, 2011 

5-221 PROHIBITION OF POTENTIALLY POLLUTING MATERIALS IN FUEL 

(1) Sulfur Limitations in Fuel 

(a) No person shall cause or permit the use, purchase, or sale for 

use in stationary combustion installations within the State of 

Vermont for heat or power generation of : 

(i) Fuels containing more than 2 .0% sulfur by weight, except as 

otherwise provided below; 

(ii) No . 2 and lighter distillate oils and animal and vegetable 

oil fuel oil's with a sulfur content greater than 0 .05% by 

weight, beginning on July 1, 2014 and ending on June 30, 

2018 ; 

(iii) No . 2 and lighter distillate oils and animal and vegetable 

oil fuel oils with a sulfur content greater than 0 .0015% 

by weight, beginning on July 1, 2018 ; 

(iv) No . 4 residual oil with a sulfur content greater than 0 .25% 

by weight, beginning on July 1, 2018 ; and 

(v) No . 5 and No . 6 residual oils and heavier residual oils 

with a sulfur content greater than 0 .5% by weight, 

beginning on July 1, 2018 . 

(b) Notwithstanding the provisions of subsection (1) (a) of this 

section, fuel stored in Vermont that met the applicable maximum 

sulfur content limit at the time the fuel was stored in Vermont 

may continue to be stored, used, delivered or exchanged in trade 

after the effective date of the applicable limit in subsection 

(1)(a) of this section, but may not be offered for sale or sold . 

(c) Subsection (1) (a) of this section shall -not apply where compounds 

of sulfur are removed from the flue gas to the extent that the 

emissions of compounds of sulfur to the ambient air space are no 

greater than that which would be emitted under subsection (1) (a) 

hereof . Emissions testing and/or continuous emissions monitoring, 

coupled with the filing of quarterly emission reports with the 

Air Pollution Control Officer, shall be required to demonstrate 

that the sulfur compounds emitted have been adequately reduced . 

(d) The Governor, by executive order, may temporarily suspend the 

implementation and enforcement of subsection (1)(a) of this 

section if the Governor determines, after consulting with the 

Secretary and commissioner of public service, that meeting the 

requirements is not feasible due to an inadequate supply of the 

required fuel . 

(e) Contravention of National Primary or Secondary Ambient Air 

Quality Standards . If there is a contravention of national 

primary or secondary ambient air quality standards promulgated 

pursuant to the Federal Clean Air Act, as amended (42 U .S .C . 

7401, et seq .), the Secretary may impose more stringent sulfur 

limitations in fuel than contained in subsection (1) (a) of this 
ADOPTED RULE : SULFUR LIMITATIONS IN FUEL - Clean Text 

September 28, 2011 

section on a regional, or individual basis and for such time 

periods as is necessary to assure continued compliance with the 

national ambient air quality standards . 

(f) Recordkeeping and Reporting 

(i) Any person who imports or receives for wholesale 

distribution residual oil in the State of Vermont shall 

submit to the Air Pollution Control Officer quarterly 

reports for each calendar quarter within 30 days after the 

close of each quarter itemizing the quantity, sulfur 

content, ash content and heat content for each shipment of 

such fuel . It is the responsibility of the person importing 

or receiving' such residual oil to maintain a record of the 

certified fuel analyses upon which the quarterly . reports 

are based and provide the user a copy of the certification . 

(ii) Any person who uses residual oil shall maintain records of 

the certified fuel analyses provided by the supplier . 

(iii) Copies of all records and reports required by this 

regulation shall be available during normal business hours 

, and shall be provided to the Air Pollution Control Officer 

upon request . 
ADOPTED RULE : SULFUR LIMITATIONS IN FUEL - Annotated Text 

5-221 PROHIBITION OF POTENTIALLY POLLUTING MATERIALS IN FUEL 

(1) Sulfur Limitations in Fuel 

(a) No person shall cause or permit the use, purchase, or sale for 

use in stationary combustion installations within the State of 

Vermont for heat or power generation of : ; 

(i) F-fuels containing more than 2 .0% sulfur by weight , except 

as otherwise provided below; - 

(ii) No 2 and lighter distillate oils and animal and vegetable 

oil fuel oils with a sulfur content qreater than 0 .05% by 

-- --

. . . _..- 

~ 

-- --- 

J uly l, 2014 and ending on we 

_- 

ight be 

. 

ginning on 

June 30, 2018 ; 

(iii) No 2 and lighter distillate oils and animal and vegetable 

oil fuel oils with a sulfur content- ,greater than 0 .00151-. 

by weight, beginning on ~x.~July 1, 2018 ; 

(iv)- No- . -4 residual oil with a sulfur content greater than 0 .250 

by weight, beginning_ on ~July 1, 2018 ; and 

(v) No . 5 and No . 6 residual oils and heavier res i dual _oils 

with a sulfur content greater than 0 .5°s by weight,_ 

beginning on January-July ,1, , - 2018 . 

(b,) Notwithstanding the- provisions--, of- subsection (1)(a) of this 

section, fuel stored in Vermont that met the applicable maximum 

sulfur content limit at the time the fuel was stored in Vermont 

may continue to be stored, used, delivered or exchanged, in trade 

- after the effective date of the applicable limit in subsection 

(1_)(a), of,this s, .section but may not be offered for sale or sold . 

(b_c) Subsection (1) (a) of this section shall not apply where compounds 

of sulfur are removed from the flue gas to the extent that the 

emissions of compounds of sulfur to the ambient air space are no 

greater than that which would be emitted under 8subsection (1)(a) 

hereof . Emissions testing and/or continuous emissions monitoring, 

coupled with the filing of quarterly emission reports with the 

Air Pollution Control Officer, shall be required to demonstrate 

that the sulfur compounds emitted have been adequately reduced . 

_(d) The ~,=-ivtar~ Governor, by executive order_, may temporarily 

suspend the implementation and enforcement of subsection (1)(a) 

of this section if the Secr--e-tary-,Governor determines, after 

consulting with the Secretary and commissioner of public service = 

that meeting . the requirements is not feasible due to an 

inadequate supply of the required fuel . 

{e.} ._ .. .--Previ-sion -for . .unav.a..i .labili-ty- of- eonforming fuels 

3 perfAl. (s) granted under the 

year, precedent- -to- -t.h.e . ....commencing . ..o..f. . . ..t-he- ... ..heati-ng ..- .eeason, 
ADOPTED RULE : SULFUR LIMITATIONS IN FUEL - Annotated Text 

avarla.b.i .li .ty. .-of- fuel . . .in .. ...conformance .... .with Subsection ..,(..1.) (a.). 

e¬~ha-,~ ~eet-iex~, e~3 a -s-tat+e-ri-de, re-g-i-ena-1 e~~~ 

lesse .. ....a .s-not.. .. ..ava-i-lable--to- .h .i .m, permit -the ..use,----pu-rc-ha-se- ; -or 

af f idavi t . .that ---fue .l .. ...wit ul-fur--content of 2.-0% by weight 

s se~~r 

the ;' wb ; , 4 t_V o1~ 

2 = G *t 

Permi ssi.o .n. .......gra-nted.. . .. .to -a- pez son --under ---this .. ...- subsection - may 

or limitations ----as --may, in the 

be nee es s~z=y--er-st~-i t~b-l~z}--th-e 

o-¬--- e 4--theiNational Primary ey Secondary Ambient Air Quality standal-d-9 

w-i-1..1 . .occu.r.. .,- . .. ....wi t-hi-n-_ . .t .h.r.ee . . days. . -after-- -any action by --t-he 

Agene"y :- 

(de) Contravention of National Primary or Secondary Ambient Air 

Quality Standards . If there is a contravention of national 

primary or secondary ambient air quality standards promulgated 

pursuant to the Federal Clean Air Act, as amended (42 U .S .C . 

7401, et seq .), the Secretary may impose more stringent sulfur 

limitations in fuel than contained in subsection (1) (a) of this 

section on a regional, or individual basis and for such time 

periods as is necessary to assure continued compliance with the 

national ambient air quality standards . 

(f-) -Recordkeeping and Reporting 

_(i)_- Any person who imports or receives for wholesale 

distribution residual oil in the State of Vermont shall 

submit to the Air Pollution Control Officer quarterly 

reports for each calendar quarter within 30 days after _the 

close of each quarter ,--itemizing--,-the quantity,- .sulfur 

_content, ash content_ and heat content for each shipme 

such fuel . It is the responsibility of the person import _ing 

or receiving such residual oil to maintain a record of the 

certified fuel analyses upon which the quarterly reports 

are based and provide the user a copy --of, .the certification . 

{ii} Any person who uses resi dual oil shall maintain records of 

the,-certified .fuel -analyses .provided -by the,supplier .-- 
ADOPTED RULE : SULFUR LIMITATIONS IN FUEL - Annotated Text 

(iii) Copies of all records and reports required by this 

regulation shall be available during business hours 

._ 

and shall be provided to the Air Pollution Control Officer 

upon request .