# 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 Guidelinesfar 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. ;~-rrriyirriirrirrirrrrrriiiriririrrrrriiiriirririiirr . " ririiir

.iirirrrirrririririrrrririrrririrrririiirviiiririririrrrrririiisiriiiiii,rrrriirrrurriiiiirrrrrr~ 

## Certification Statement : As the adopting Authority of this rule (see 3 V .S .A : § 801 (b) (11) for a definition), I approve the contents ofthis 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 fromfinal proposal . RevtsedJuly 31, 2010

### Adopted Filing page 2



## 1 . TITLE OF RULE FILING : Sulfur Limitations in Fuel 

## 2. PROPOSED NUMBERASSIGNED BY THE SECRETARY OF STATE 11P-020 

## 3. ADOPTING AGENCY: Agency of Natural Resources 

## 4. LEGAL AUTHORITY / ENABLING LEGISLATION: (THE SPECIFICSTATUTORY OR LEGAL CITATION FROM SESSIONLAW

INDICATING WHO THEADOPTING ENTITYIS AND THUS WHOTHE SIGNATORYSHOiILD BE. THIS SHOULDBEA 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 INCLUDEDWITH 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 TOTHE FINAL PROPOSAL. 8. PROCEDURAL HISTORY OF ADOPTION : ICAR Filing: 03/10/2011 Proposal Filed with Office ofthe Secretary of State: 05 / 13/ 2 011 Notices Posted Online: 05 / 18 / 2 O 11 Notices Published In Newspapers of Record : 05/26/2011 A Hearing WAS Held. Hearings Held (PLEASE USE ADDITIONAL SHEETS TOPROYIDE THE DATE, TIME AND LOCATION OFALL HEARINGS IF THIS FORMIS INSUFFIENCT TOLISTALL HEARINGS HELD) : 

## Date: 6/21/2011 Time: 06 : 00 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 : 09/ 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 DAYSAFTERADOPTIONIS COMPLETE ORATA LATER TIME PROVIDEDIN THE TEXT OF THE RULE SEE 3 V . S A. §845(d) FOR DETAILS) . Run Spell Check

RevisedJuly 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 thisADOPTED 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 provi ded below ; - (ii) No 2 and lighter distillate oils and animal and vegetable

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

..- -- --- ~ uly l, 2014 and ending on

J 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 w eight, beginning on ~x.~July 1, 2018 ; (iv)- No- . -4 residual oil with a sulfur content greater than 0 .250

by wei ght, 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 wit h 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 commissi o ner of public service = that meeting . the requirements is not feasible due to an inadequate supply of the require d 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 th e ;' 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- ¬ --- e4--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 impor ts or receives for wholes ale

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 _conten t, ash content _ and heat con tent for e ac h 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 repo rts are based and provide the user a copy --of, .the certification . {ii} Any person who uses r esi 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 Off icer upon request .