ENCLOSURE 1: 

AMENDMENTS TO 

AIR POLLUTION CONTROL REGULATIONS 

(Note: Only highlighted amendments 

are being submitted as SIP Revisions) 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

Note : All of the amendments to Vermont's Air Pollution Control 

Regulations adopted on January 24, 2011 are annotated below, but only 

the highlighted portions are being submitted as SIP revisions . No SIP 

revisions are being proposed at this time to any portion of the 

regulations shown below that is not highlighted . 

AGENCY OF NATURAL RESOURCES 

Waterbury, Vermont 

ENVIRONMENTAL PROTECTION REGULATIONS 

CHAPTER 5 

AIR POLLUTION CONTROL 

Subchapter I . Definitions* 

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

14EANING GIVEN THEM IN THE ACT 

"Act" refers to the Air Pollution Control Act, 10 V.S .A . Section 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 . 

Proposed Amendments [1] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

"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 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 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 pollution control activities and program for 

the State . 

"Air Pollution Control Regulations" means Chapter V of the Vermont Environmental 

Protection Regulations . 

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

emissions from stationary or motor vehicles indii~zeet- ee&,-eee contribute to air 

contaminant concentrations 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 standard contained in these regulations, if 

any, or 

(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, 

which the general public has access . 

"Ambient Air Quality Standards" means 

allowable concentration of a specific 

specified in Subchapter III of these 

external to buildings, to 

any standard which establishes the largest 

air contaminant in the ambient air space as 

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 

I stationary sourceer- }!H6ireet searee . 

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

Proposed Amendments [2] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

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

"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 and distribution facility with an 

average daily throughput of 20,000 gallons (76,000 liters) of gasoline or less on 

a 30-day rolling average. 

"Bulk Gasoline Terminal" means a gasoline storage facility which receives 

gasoline from refineries and delivers gasoline to bulk gasoline plants or to 

commercial or retail accounts ; and has a daily throughput of more than 20,000 

gallons (76,000 liters) of gasoline on a 30-day rolling average. 

"CFR" 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 CFR 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 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 (COZ) 

and carbon monoxide (CO) in flue gas (on a dry basis) where; 

C.E. (%) = COZ X100 

COZ + CO 

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

a manner that represents normal operational procedures . 

y equipment in 

Proposed Amendments [31 
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"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 

is temporarily unavailable due to reasons beyond the reasonable control of the 

owner/operator ; (2) the Independent System Operator has determined a power 

capacity deficiency exists and has implemented a voltage reduction of five (5) 

percent or more of normal operating voltage ; or (3) a fire or flood make 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 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 and conditions which are 

enforceable by the U .S . Environmental Protection Agency, whether contained in 

federal regulations, a state implementation plan, or construction or operating 

permits . 

"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 . 

Proposed Amendments [4] 
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"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" -- 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 square inch (27 .6 kilopascals) or greater . 

"Gasoline Dispensing Facility" means any site where gasoline is transferred from 

a stationary storage tank to a motor vehicle gasoline tank used 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, 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 

Proposed Amendments [5] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

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, IHMSER may be achieved through application of pollution control 

equipment, production processes or techniques, equipment design, work practices, 

chemical substitution, or innovative pollution control techniques . In no event 

shall application of HMSER permit a stationary source to emit any contaminants in 

excess of any Federal emission standard or any emission standard in these 

regulations . 

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

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

Secretary under Subchapter VI of these regulations . 

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

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

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

equipment manufacturer'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 the Clean Air Act (42 USC 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 Rack" means an aggregation or combination of gasoline loading equipment 

arranged so that all loading outlets in the combination can be connected 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 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 . 

Proposed Amendments [6] 
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"Major Stationary Source" means any stationary source or modification whose 

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

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

"major stationary source" means any stationary source or modification whose 

allowable emissions of lead are equal to or greater than five tons per year . For 

the air contaminant that is greenhouse gases, "major stationary source" means any 

stationary source or modification whose allowable emissions of total greenhouse 

gases are : (1) on a mass basis, equal to or greater than the thresholds in 40 

C .F .R . § 51 .166(b)(1)(i), and (2) on a carbon dioxide equivalent (CO_2 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 CFR 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 stationary 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 Tncinerator" 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 . 

Proposed Amendments [7] 
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"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) . 

"PMlo" means particulate matter with an aerodynamic diameter less than or equal 

to a nominal 10 micrometers as measured by a reference method specified in Title 

40 CFR Part 50, Appendix J and in accordance with Title 40 CFR Part 53, or an 

equivalent method designated in accordance with Title 40 CFR Part 53 . 

"Particulate Matter" means any material, except uncombined water, that exists in 

a finely divided form as a liquid or solid at standard conditions . 

"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 . 

Proposed Amendments 
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"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 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 . 

"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 process 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 . 

, , 51 .4 . Netiee 

shal l be given at least 30 days-piF}er te -~-~e date ef eh hearings . _ 

"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 . 

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"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 judgement 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" -- solids or 

explosive, such as, but 

branches, yard trimmings 

wastes, junk automobiles, 

liquids not considered to be highly flammable or 

not limited to, paper, rags, ashes, leaves, tree 

, furniture, tin cans, glass, crockery, demolition 

tires, automotive 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 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 : 

Proposed Amendments [10] 
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, ` . Tons Per Year 

Carbon monoxide 50 

Nitrogen oxides 40 

Sulfur dioxide 40 

Particulate matter 25 

PMi o 15 

Volatile organic compounds(VOC) 40 

Lead 0 .6 

Asbestos 0 .007 

Beryllium 0 .0004 

Mercury 0 .1 

Vinyl chloride 1 

Fluorides 3 

Sulfuric acid mist 7 

Hydrogen sulfide (HZS) 10 

Total reduced sulfur (including HZS) 10 

Reduced sulfur compounds (including H2S) 10 

Greenhouse gases i

- I * 

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

greenhouse gases, on a carbon dioxide equivalent (COZ 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 the visible aerosol, 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 

(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 . 

Proposed Amendments [11] 
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"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 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" 

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

defined in this sec tion 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 Organic Halogens" means the total organic halides (fluorine, chlorine, 

bromine, iodine) expressed as organic chloride present in a waste fuel, in parts 

per million by weight (water free basis) . 

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

reference method specified in Title 40 CFR 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 . 

"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 . 

"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 . 

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

volatile organic compound vapors and gases emitted during the operation of any 

transfer, storage or process equipment . 

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

vapor-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 (LEL) when measured with a combustible gas 

detector, calibrated with propane, at a distance of 1 inch (2 .54 cm) from the 

source . 

"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 

specified in method 27 of 40 CFR 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 . 

"Volatile 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 . 

"Waste Oil" means any petroleum product which : 

(a) has been refined from crude oil, directly or indirectly, in whole or 

in part, and 

(b) has been used and not rerefined, or is unfit for its intended use as 

a result of contamination by chemical or physical impurities . 

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

sawdust or other wood waste generated by wood processing operations . 

Proposed Amendments [13] 
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Subchapter II . Prohibitions 

5-251 CONTROL OF NITROGEN OXIDES EMISSIONS 

(1) 

(2) 

V-- 7 

No person shall discharge, or cause, allow or permit emissions of oxides 

of nitrogen, expressed as NO., from any steam generating fuel burning 

equipment with a heat input capacity of 250 million BTU's per hour or more 

in excess of : 

0 .36 grams per million calories heat input (0 .20 pounds per million 

BTU) derived from gaseous fossil fuel . 

(a) 

0 .54 grams per million calories heat input (0 .30 pounds per million 

BTU) derived from liquid fossil fuel . 

(b) 

1 .26 grams per million calories heat input (0 .70 pounds per million 

BTU) derived from solid fossil fuel (except lignite or a fossil fuel 

containing 25 percent by weight, or more of coal refuse) . 

(c) 

Reasonably available control technology for large stationary sources . 

The owner or operator of any stationary source that has allowable 

emissions of one hundred (100) tons per year or more of nitrogen 

oxides shall install, maintain and use reasonably available control 

technology, approved by the Secretary, to limit the discharge of 

nitrogen oxides from the source by , 4:99 5 commencement of 

operation . 

(a) 

Any source that becomes or is currently subject to the provisions of 

this subsection by exceeding the applicability threshold in 

paragraph (3_2)(a) of this subsection shall remain subject to these 

provisions even if its emissions later fall below the applicability 

threshold. 

(b) 

(c) 

Exemptions . Any NOX emission unit required to meet the most 

stringent emission rate (MSER) in a construction permit containing 

specific emission limits is exempt from the requirements of Section 

5-251(32) . 

Proposed Amendments [14] 
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5-a52 CONTROL OF SULFUR DIOXIDE EMISSIONS 

r-~No person shall discharge, or cause, allow or permit emissions of sulfur 

dioxide from any steam generating fuel burning equipment with a heat input 

capacity of 250 million BTU's per hour or more in excess of : 

(a) 1 .4 grams per million calories heat input (0 .80 pounds per million 

BTU) derived from liquid fossil fuel . 

2 .2 grams per million calories heat input (1 .2 pounds per million 

BTU) derived from solid fossil fuel . 

(b) 

mit shall net apply te gas tidEblne . 

5-271 CONTROL OF AIR CONTAMINANTS FROM STATIONARY RECIPROCATING INTERNAL 

COMBUSTION ENGINES 

(a) Applicability . 

44 B3c_eept: -as--etherw}se-prevtded her-etn, the standaiAs spee}f}ed-in 

stibseet-ieii(a) e= this seet=e33 shall apply te all statiE33cZ3~'~ 

eutp,at -rating af -459 bhp-er gieate3F Eftanufaetared er install ed 

e ar , 2 00 7 . 

For all stationary reciprocating internal combustion engines, 

excluding emergency use engines, with a brake horsepower output 

rating of 450 bhp or greater installed prior to July 1, 1999, the 

Tier 1 standards specified in subsection (b) of this section shall 

become effective beginning July 1, 2007 . 

(1) 

For all stationary reciprocating internal combustion engines, 

including emergency use engines, with a brake horsepower output 

(2) 

Proposed Amendments [15] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

rating of 450 bhp or greater installed on or after July 1, 1999 and 

prior to July 1, 2007, the Tier 1 standards specified in subsection 

(b) of this section shall apply upon installation . 

(3) For all stationary reciprocating internal combustion engines, 

including emergency use engines, with a brake horsepower output 

rating of 450 bhp or greater installed on or after July 1, 2007, the 

Tier 2 standards specified in subsection (c) of this section shall 

apply upon installation . 

(b) Tier 1 Standards for Stationary Reciprocating Internal Combustion Engines 

Combusting Liquid or Gaseous Fossil Fuel 

te T. .rz00!7 . 

(1) A person shall not discharge, cause, allow, or permit the emission 

of oxides of nitrogen from any stationary reciprocating internal 

combustion engine subject to this subsection in excess of 6 .9 grams 

per brake horsepower hour ei- 3A3pa1~'tspei~' FRillien velume-at 1-y 

(2) A person shall not discharge, cause, allow, or permit the emission 

of carbon monoxide from any stationary reciprocating internal 

combustion engine subject to this subsection in excess of 3-98 .5 

grams per brake horsepower hour ei- 3-60 par-tspei- mill}en -ve1umJ at 

15-pei-eent basis . 

(3) A person shall not discharge, cause, allow, or permit the emission 

of particulate matter from any stationary reciprocating internal 

combustion engine subject to this subsection in excess of 0 .40.& 

grams per brake horsepower hour 

eiab-i~e~i eter- at 15 r~~=~~~ .`.~ ...`.__`. E)?f~+~ry~ 1 ~`.__ . 

(c) Tier 2 Standards for Stationary Reciprocating internal Combustion Engines 

Combusting Liquid or Gaseous Fossil Fuel Tastalled eL- ""anuFae~uYed 

Af te E atrly ~1, 2007 . 

(1) A person shall not discharge, cause, allow, or permit the emission 

of oxides of nitrogen from any stationary reciprocating internal 

combustion engine subject to this subsection in excess of 4 .8 grams 

per brake horsepower hour-,er 35-Aparts per Failliar3--Pal~ame-at I6 

(2) A person shall not discharge, cause, allow, or permit the emission 

of carbon monoxide from any stationary reciprocating internal 

combustion engine subject to this subsection in excess of 2 .6 grams 

per brake horsepower hour 

(3) A person shall not discharge, cause, allow, or permit the emission 

of particulate matter from any stationary reciprocating internal 

combustion engine subject to this subsection in excess of 0 .15 grams 

per brake horsepower hour 

meter at 15--peieenteiEygen . 

Proposed Amendments [16] 
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Subchapter IV. Operations and Procedures 

5-401 CLASSIFICATION OF AIR CONTAMINANT SOURCES 

The following source or sources engaged in the following operations, processes or 

activities are classified as air contaminant sources which may cause or 

contribute to air pollution. 

(1) Incinerators 

I (2) 

(3) 

Asphalt hHot-mix asphalt ba`__h ; n ~ plants 

Electrical power generation facilities 

(4) Wood products industries 

(5) Mineral product 

operations 

(6) Fuel 

(a) 

industries, including mining, quarrying and crushing 

burning installations : 

Fossil fuel burning equipment as specified below : 

(i) For fuel-burning equipment which solely burns gaseous fuels, 

individual units of 10 million BTU per hour rated heat input 

or greater ; 

(ii) For fuel-burning equipment which burns fuel oil, individual 

units of 3 million BTU per hour rated heat input or greater 

which aggregate to 10 million BTU per hour or greater ; 

(iii) For fuel-burning equipment which burns anthracite coal, 

individual units of 5 million BTU per hour rated heat input or 

greater; and 

(iv) Any fuel-burning equipment which burns bituminous coal . 

Wood fuel burning equipment of greater than 90 H.P. rated output ; 

Stationary reciprocating internal combustion engines using any fuel 

type and having a rating of 450 brake horsepower output or greater-_, 

except that emergency use engines -Engines-ased fer 

(b) 

(c) 

shall not be classified as air contaminant sources 

(7) 

(8) 

(9) 

(10) 

for purposes of Section 5-501 of these regulations , previdedthe 

yeaia . 

Metal melting and reclamation furnaces 

Metal fabrication processes 

Surface finishing and coating operations, including application of paints, 

lacquers, solvents and related materials 

Petroleum or petro-chemical processing or marketing 

Proposed Amendments [18] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

(d) Test Methods for Stationary Reciprocating Internal Combustion Engines 

Combusting Liquid or Gaseous Fossil Fuel . 

(1) Compliance with the emission standards specified in subsections (b) 

and (c) of this section shall be determined either by demonstrating 

the engine has met the engine certification requirements of title 

Title 40 of the Code of Federal Regulations Part 89 or by using test 

procedures set forth by the Air Pollution Control Officer at rated 

load and speed of the stationary reciprocating internal combustion 

engine . 

* * * * * 

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(il) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

Manufacturing, processing and application of chemicals, including the processing or application of plastics, rubbers or resins 

Operations involving the handling or transferring of sand or dust producing materials 

Kraft pulping processes 

Leather tanning and finishing operations 

Animal byproduct processes 

Any source not listed above, including sources of greenhouse gases that 

are subject to regulation, which would otherwise be subject to permitting 

requirements =^"" ' ,tien pursuant to the Clean Air Act, as amended (42 USC 7401, et seq .) . 

Such other sources as may be designated as air contaminant sources by the 

Air Pollution Control Officer on a case-by-case basis . 

5-402 WRITTEN REPORTS WHEN REQUESTED 

All SeureeT 

The Air Pollution Control Officer may at any time require written reports from 

the person operating or responsible for any proposed or existing air contaminant 

source, which reports shall contain information concerning location, siting, size 

and height of contaminant outlets, processes employed, pertinent process and 

material flow, fuels used, nature and amount and time periods or durations of 

emissions and such other information as may be relevant to the air pollution 

potential of the source . These reports shall also include the results of such 

source testing as may be required under Section 5-404 herein . 

:T-nei :Yeet7 Searees : 

e 

me al~ia 

Qe e:H 6'e:Ht:F-e4 E 

n"--~t= n~.-rd£cca evxxcairred in zcoo 

H 

- - 

, i 

e er-ffiaE-ie 

epesea 

e-E Et3e 3'Re :e±!L-e s6ui-22s~ 

iii-To 

e~e 

B~6 

Fieeess 

~i . ~- 0++i 

B 

B 

s-pEes}ded in Seet}en -5 ^^ere}n, FRedel}ng tPehn}qt~es fer evaldati-ng, 

Be de±±±zee-ee-etefftensti-ate wlietkier the--ii9di :FeeL- -g-e 

with state 

e 

and natienal affibient -ai:r- Qualit:y st-anda:j-=ds, as-vaell as any 

aPP±±eaete-ae-ea}nment -iqlans er eentre! sticate 

Proposed Amendments [19] 
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5-403 CIRCUMVENTION 

No person shall build, erect, install or use any article, machine, equipment or 

other contrivances, the use of which, without resulting in a reduction in the 

total release of air contaminants to the atmosphere, reduces or conceals an 

emission which otherwise would constitute a violation of these regulations . 

5-404 METHODS FOR SAMPLING AND TESTING OF SOURCES 

(1) Whenever the Air Pollution Control Officer has reason to believe that the 

emission limits of these regulations are being violated by a source, he or 

she may require the owner or operator of said source to conduct tests to 

determine the quantity of particulate and/or gaseous matter being emitted, 

which tests shall include stack tests if circumstances so demand . In the 

event that stack testing is required, the tests shall be performed in 

accordance with procedures specified in 40 CFR 60, Appendix A, or other 

methods approved by the Air Pollution Control Officer. Testing to 

determine the quantity of particulate matter emissions from cyclones shall 

be performed by using the high volume sampling method, or an equivalent 

method approved by the Air Pollution Control Officer. 

(2) Should the Air Pollution Control officer wish to conduct tests of his or 

_her own to determine compliance with the emission limits of these 

regulations, the owner or operator of the source to be tested shall 

provide at no expense to the state of Vermont, reasonable and necessary 

openings in stacks, vents and ducts, along with safe and easy access 

thereto, including a suitable power source to the point of testing . 

(3) The Air Pollution Control officer shall be supplied with such data as he 

or she may require to establish test conditions . 

(4) The method, or any conditions associated with the method, of source 

testing required under this section shall be approved by the Air Pollution 

Control officer. 

5-405 REQUIRED AIR MONITORING 

(1) The Air Pollution Control Officer may require the owner or operator of any 

air contaminant source to install, use and maintain such monitoring 

equipment and records, establish and maintain such records, and make such 

periodic emission reports as the Officer shall prescribe. 

(2) The method, or any conditions associated with the method, of air 

monitoring required under this section shall be approved by the Air 

Pollution Control Officer. 

5-406 REQUIRED AIR MODELING 

(1) The Air Pollution Control Officer may require the owner or operator of any 

proposed air contaminant source subject to review pursuant to Sections 5-

501 or 5-503 herein to conduct diffusion or other air quality modeling and 

to submit an air quality impact evaluation to demonstrate that operation 

of the proposed source as described to the Air Pollution Control Officer 

will not directly or indirectly result in a violation of any ambient air 

Proposed Amendments [201 
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quality standard, interfere with the attainment of any ambient air quality 

standard, or violate any applicable prevention of significant 

deterioration increment (Table 2) . 

(2) For proposed stationary sources, the appropriate air quality modeling 

techniques shall be determined on a case-by-case basis in accordance with 

procedures established by the Air Pollution Control Officer . 

, 4-5~-'12 78 027R (inelIdding sidppleFRents) ." in 

' 

, 

, 

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Subchapter V . Review of New Air Contaminant Sources 

5-501 REVIEW OF CONSTRUCTION OR MODIFICATION OF AIR CONTAMINANT SOURCES 

(1) No person shall cause, suffer, allow or permit the new construction, 

installation or modification of any stationary source classified as an air 

contaminant source des ; gnate''--under Section 5-401 herein, unless he or she 

first _submits a complete application to and obtains a permit from the 

Secretary 

(2) 

an erdei=' 

: ,a ea i-, ,.-1. . ,-, 

r , .*~ .,_ specifications, -and other information as he-the Secretary deems 

necessary in order to determine whether the proposed construction, 

installation or modification will comply with these regulations and 

Vermont statutes at Title 10, chapter 23 . Other information may include 

analyses of the impact on any Class I area, including visibility and any 

other air quality related value specified by the Federal Land manager, 

and comments, if any, from the Federal Land manager. 

iiaBtallat=en er 

thdhm;s-j ;^r ~A complete application shall contain such plans, 

(3) The Secretary may require an applicant to submit any additional 

information the Secretary considers necessary to make a determination 

that the application is complete and shall not grant _ a permit until such 

information is furnished and evaluated . 

(3_4) The Secretary shall issue a permit if the Secretary determines that the 

proposed construction, installation, or modification of an air contaminant 

source will be in compliance with all requirements of these regulations 

and Vermont statutes at Title 10, chapter 23 . If the Secretary determines 

that the proposed construction, installation or modification will not be 

in compliance with all requirements of these regulations and Vermont 

statutes at Title 10, chapter 23, the Secretary shall deny the permit and 

shall notify the applicant in writing of the reasons for the denial . 

plans, 

analyses er- ethela }nfer-mat}e~-eejidir-ea -by h' t`' " t'"  

, 

-shall }sside an erder-appre~=}eg er 

heL-ein shall be -' 

I ti 

the evirsciiie ci- x 

Proposed Amendments [22] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

Fnea3 i7 :i-ea-s :iens . 

- --- 

^'^_~'-cTf ±3x333 a -- manaefe:r-, eE Ene ------ -- ---- ------------ 

a 

1~ -~}1,-r 

e-~ 

0 BE 6 -E eeRT-B±eEe 

mee'rzic^-a,a fens . ?F}a±3=SeS . er 

e 

ane --------- --- ---- -------- ------_-= ---- --------_--- 

F} _ ' ' s --ana t ;f s ±6-±ne f t2ai33eF --E f3e E2 ±8ee`s a:E ±en e-F: -afYa 

-, "I .7 ; s*al - 

B-1 +fi ~_.__e_a_ . ___a±_ _ e 

B~c`~H 8 

analysis -have--been-made available f e r--pub lie ' , 

B- ._ -- _-_-v 

the CccretaYjs 

9uiqi tf..' . . 

, and shall alse 

Within l0 Elays-e-f -the--eles-e -of Iche-publ}e eeffffientpei-ieed-, 

A±ne -tAe-eic~~fte near-±ne-}E ---anv, anet-a~Eee - -_-- ------------------ - 

B ±1 

(5) If allowable emission increases of any air contaminant from a source 

subject to this section will cause or contribute to a violation of any 

ambient air quality standard or cause or contribute to a violation of any 

applicable prevention of significant deterioration increment (Table 2), or 

will impact on any Class I area, such source shall achieve MSER with 

respect to any such contaminant and will be treated as a major stationary 

source or a major modification for the purposes of its review under these 

regulations . With regard to a modification of a source, the allowable 

emission increases mean the difference between the source's actual 

emissions before the modification and its allowable emissions after the 

modification . 

(6) Within 30 days of receipt of an application for a major stationary source, 

major modification, or other source in the discretion of the Secretary 

that may affect a Class I area, the Secretary shall notify the Federal 

_Land Manager . Such notice shall be provided at least sixty (60) days 

before holding a public informational meeting . 

_(7) Upon making a determination to issue a draft permit under this section 

ISEfor a major stationary source, major modification, or other source in 

Proposed Amendments [23] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

the discretion of the Secretary, opportunity for public participation 

shall be provided as follows : 

(a) The Secretary shall give notice to the general public either by 

publishing a notice in a newspaper having general circulation in the 

area affected by the subject source or in an electronic state 

publication designed to give notice to the public . 

(b) The 

(i) 

(ii) 

content of the notice shall identify : 

The name and address of the air contaminant source and the 

owner/opera tor; 

The name and address of the Secretary or his/her pertinent 

designee ; 

(iii) 

(iv) 

(v) 

(vi) 

A brief description of the construction, installation, or 

modification proposed by the application, the preliminary 

determination, and, if applicable, the degree of increment 

consumption that is expected ; 

The name, mailing address, email address, and telephone 

number of a person from whom interested persons may obtain 

additional information, wh'_=h _-~__~-- . . i-~~,~~~'~ _______ including the 

completed application form, the draft construction permit, 

the Agency's analysis, comments or analyses submitted by a 

Federal Land Manager of the effect of the construction or 

modification on the ambient air quality, and all other 

materials available to the Secretary which are relevant to 

the construction permit appl ication . 

A brief description of the comment procedures required by this 

section; and 

The time and place of any public informational meeting that 

may be held or a statement of procedures to request such a 

meeting . 

(c) If required by 40 C.F .R . § 51 .166(q)(2)(iv), the Secretary will send 

a copy of the notice to the applicant, EPA, and to officials and 

agencies having cognizance over the location where the proposed 

construction would occur . 

(d) Following the notice specified in paragraph (a) of this subsection, 

the public comment period on a draft construction permit shall be at 

least thirty (30) days for a major stationary source, major 

modification, or other source in the discretion of the Secretary . 

(e) The Secretary will provide opportunity for a public informational 

meeting regarding the draft construction permit if requested in 

writing prior to the close of the public comment period . The 

Secretary shall provide timely notice by advertisement in a 

newspaper having general circulation in the area affected by the 

Proposed Amendments [241 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

give notice to the public . 

subject source or in an electronic state publication designed to 

(f) The Secretary will keep a record of the commenters and also of the issues raised during the public comment period and the public informational meeting, if conducted, take into consideration such comments, and make all comments available for public inspection in the same location that the application, draft permit, and other materials relevant to the construction permit application are made available. 

(g) At his or her discretion, the Secretary may hold any public comment 

period or public informational meeting pursuant to this section 

jointly and concurrently with any public comment period or public 

informational meeting pursuant to §5-1007 of the Air Pollution 

Control Regulations . 

(8) (a) Upon making a determination to issue a draft permit under this 

section for an air contaminant source that has allowable emissions 

of more than 10 tons per year of all contaminants, excluding 

greenhouse gases, and is not a major stationary source or major 

modification, opportunity for public participation shall be provided 

as set forth in Section 5-501(7) of this subchapter, except that the 

public comment period on a draft construction permit shall be at 

least ten (10 ) days . 

(b) Regarding applications for the construction, installation or 

modification of any air contaminant source that has allowable 

emissions of less than ten tons per year of all contaminants, 

excluding greenhouse gases, opportunity for public participation may 

be provided at the discretion of the Secretary . In determining 

whether to provide for such public participation, the Secretary 

shall consider the degree of toxicity of the air contaminant and the 

emission rate, the proximity of the air contaminant source to 

residences, population centers and other sensitive human receptors, 

and emission dispersion characteristics at or near the source . If 

the Secretary requires such an opportunity for public participation, 

it will be in such manner as determined in the discretion of the 

Secretary. 

(9)4-6+ Nothing in this section or no action taken under this section shall 

be construed as relieving any person from compliance with any emission 

standard prescribed in these regulations or with any other provision of 

law . 

5-502 MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS 

(1) Applicability 

(a) This section applies to all major stationary sources and major 

modifications which are constructed subsequent to July 1, 1979 and 

are subject to review under Section 5-501 herein . 

(b) Where a source is constructed or modified in increments : 

Proposed Amendments [251 
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(i) Which individually are not subject to review under this 

section, 

(ii) Which have not previously been aggregated for purposes of 

their review under this section, and 

(iii) Which are not a part of a program of construction or 

modification in planned incremental phases previously approved 

by the Secretary. 

All such increments shall be added together for determining the 

applicability of this section . 

(2) Prohibition 

No person shall initiate construction of any major stationary source or 

major modification until the applicable requirements of this section have 

been complied with and effi erder a permit approving construction has been 

issued in accordance with Section 5-501 herein . 

(3) Most Stringent Emission Rate 

(a) (i) Each major stationary source shall apply control technology 

adequate to achieve the most stringent emission rate with 

respect to those air contaminants for which it would have 

significant allowable emissions. 

(ii) Each major modification shall apply control technology 

adequate to achieve the most stringent emission rate with 

respect to any air contaminant for which there would be a 

significant increase in actual emissions at the source, but 

only for those proposed physical or operational changes which 

would contribute to increased emissions of the air 

contaminant . 

(b) Any source or modification subject to this section shall submit 

information at the time it applies for approval to construct to 

establish that the most stringent emission rate will be achieved . 

(4) Air Quality Impact Evaluation 

(a) A source or modification subject to this section with respect to any 

air contaminant other than volatile organic compounds or greenhouse 

gases , shall submit to the Secretary an air quality impact 

evaluation at the time it applies for approval to construct under 

Section 5-501 herein . 

(b) The evaluation shall demonstrate that the increase in allowable 

emissions will not cause violations of any applicable ambient air 

quality standard in any area 

and- will no t~ significantly contribute to a violation of any 

applicable ambient air quality standard in a nonattainment area for 

the above air contaminants . A source or modification will be 

considered to significantly contribute to a violation of any ambient 

Proposed Amendments [261 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

air quality standard for the above air contaminants if the increase 

in the allowable emissions from the source or modification will 

cause any increase in ambient concentrations of the above air 

contaminants in the nonattainment area in excess of any of the 

levels of significant impact shown in Table 3 herein . If a source or 

modification will significantly contribute to such a violation, the 

evaluation shall demonstrate that the source or modification will 

comply with the requirements of paragraph (6) herein . 

(c) The evaluation shall demonstrate that, as of the source's or 

modification's start-up date, the increase in allowable emissions, 

in conjunction with all other applicable emissions increases or 

reductions, will not cause or contribute to any increase in ambient 

concentrations exceeding the remaining available prevention of 

significant deterioration (PSD) increment for the specified air 

contaminants, as determined by the Secretary. A demonstration under 

this paragraph is not required if a source is modified, but there is 

no net increase in the source's allowable emissions of the air 

contaminants specified in Table 2 . 

(d) The evaluation shall demonstrate that the increase in allowable 

emissions will not cause an adverse impact on visibility in any 

sensitive area or in any Class I Federal area and will not interfere 

with reasonable progress toward the remedying of existing man-made 

visibility impairment in a sensitive area . Said demonstration shall 

be submitted to the Agency and the appropriate Federal Land manager 

at least 60 days prior to the close of the public comment period on 

the source or modification . 

(e) Any air quality impact evaluation or modeling required by this 

section shall be prepared in accordance with procedures acceptable 

to the Secretary and with Section 5-406 of these regulations . The 

evaluation shall exclude the effect of that portion of the height of 

any stack which exceeds good engineering practice and the effect of 

any other dispersion technique . 

(5) Increment Allocation 

(a) The evaluation required in paragraph (4)(c) above shall demonstrate 

that the increase in allowable emissions thereunder will not consume 

more than 25% of the remaining annual PSD increment, nor more than 

75% of the remaining 24 hour PSD increment for the specified air 

contaminants . 

(b) The remaining available PSD increment, in either case, shall be 

determined by the Secretary. 

(c) Once a source has demonstrated that it will comply with paragraph 

(5)(a) above, the appropriate portions of the PSD increments shall 

be allocated in accordance with procedures established by the 

Secretary, which may provide for local or regional participation . 

(6) Emission Reductions 

Proposed Amendments [271 
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(a) The Secretary shall not issue an erder a permit approving 

construction of any source or modification subject to this section 

if the source or modification is unable to demonstrate, as required 

under Paragraph (4), that the increase in allowable emissions from 

it will not significantly contribute to a violation of any 

applicable ambient air quality standard unless, prior to issuance of 

any such-eT4e-r permit : 

(i) The source owner or operator secures legally binding 

offsetting emission reductions, not otherwise to be utilized 

as part of the State's attainment strategies, of the air 

contaminant contributing to such a violation from existing 

sources located in or impacting on the same area (whether or 

not under the same ownership) such as to provide a net 

emission reduction acceptable to the Secretary, and 

(ii) The source owner or operator certifies that all existing 

sources of the source owner located in the State are in 

compliance with all applicable rules or are meeting all steps 

of any compliance schedules contained in any administrative 

orders or court decrees . 

(b) Regardless of whether a source or modification is subject to the 

requirements of paragraph (6)(a) of this section, the Secretary 

shall not issue an --e~-de=a permit approving construction of any 

source or modification of nitrogen oxides or volatile organic 

compounds (VOCs) subject to this section and meeting the federal 

definition of major stationary source or major modification 

contained in 40 CFR Part 51 .165 as applicable to the Ozone Transport 

Region that has aiicvvab=c cz<<ie9±ei3_s e¬ 100 tens -pei~'year er mere ef 

n}tregee ex}des er 59 yea-r er Faer-e ef vel~t-i1e~~ 

unless, prior to issuance of such eL-der-permit , the 

owner or operator of said source shall : 

(i) Secure legally binding offsetting emission reductions (not 

otherwise required by law) of nitrogen oxides or VOCs-, as 

applicable, from existing sources= ; 

(ii) Obtain an offset ratio of a minimum of 1 .15 :1-r-; and 

(iii) Certify that all existing sources of the source owner located 

in the state are subject to emissions limitations and are in 

compliance, or on an enforceable schedule for compliance with 

all applicable emissions limitations and standards . 

(c) Onljr emission reductions that meet the following criteria shall be 

eligible for use as offsetting emission reductions under Section 5-

502(6) : 

I (i) Except for ozone precursors, -H_emission reductions of a 

contaminant may only be used to offset emissions of the same 

contaminant . Emission reductions of particulate matter may 

only be used to offset emissions of equally or less hazardous 

forms of particulate matter . For the purpose of offsetting 

ozone precursors, emission reductions for nitrogen oxides or 

Proposed Amendments [281 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

VOCs can be used to offset emissions of each other if approved 

by the Secretary and EPA on a case-by-case basis ; 

proposed to be used, whichever is more recent-; and 

(ii-i) Emission reductions must have occurred after January 1, 1990, 

or within five ten years previous to the date of any 

application under this section in which the reduction is 

(iii) credits 

another 

state where a reciprocal trading agreement has 

established between Vermont and such other state . 

The emissions reductions must be emission reductions 

pursuant to subsection 5-502(7) or ERCs generated in 

er- eperated, er vah}eh have engaged }n -nei-Fftal-epe-rat-iens ¬e-r- 

..a . .. 

B 

" c". 

. 

cii~is3x cax

.__

cax 

i 

x

. .

xxi~= ~-,` ;cacx

', v33S, 5dhieh i^^ sgecx=xc e33s~2~'e that ~rr~emis'"v1$I"~ 

life ef the prepes-ed sear~e . 

B 

seuree net siabjee¬ te-perfRits, e-¬¬ eet reqa}reFaent s 

been 

B 

the s e i=v} e es e r- its -~r-e diae ¬ eeuld merely shift- te -ether 

B 

A ;ERe -F 

r eduetienswill net i-esddt in sdeh-a shift . 

: a a t..,.-i .. 

r-H -r-?~ 

as ±e sees E±E . . emee 

B BH~s 

er- -eeella -- -- -- -- 

jevSei'rcSidC. the State : 

0 

Siieh emiss}en redidet}ens eannet ~be-appreved ¬er trs~ 

eFF.. ..}t. ,- . .7, .- . 

y y, and 

B'e -_ B 

Fftedifiedapp3cepiF}ately by -the .°e--Yetav. jl . 

Be "~ -"'e 

(7) Emission Reduction Credits ¬erNit-regen 9xides 

Proposed Amendments [291 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

(a) The owner or operator of a source at which a reduction in emissions 

of nitrogen oxides or VOCs has occurred may apply to the Secretary 

for certification of the reduction as an emission reduction credit 

(ERC) . Ten percent of all actual emission reductions identified by 

the owner or operator for certification will revert to the Agency 

for its use as it sees fit . Once certified by the Secretary, an ERC 

may be used to offset increased emissions from new or modified 

sources or for other purposes approved by the Secretary. 

(b) Only emission 

criteria 

Jeetiar~ 

(i) 

(c) 

(ii) 

(iii) 

reductions that meet the following eligibility 

50 2 ( 6 ) (4 ) ,"" shall be certified as ERC's- : 

Emission reductions may be created by shutdown, curtailment, 

or over control of emissions beyond an applicable limit, or 

any other reduction method acceptable to the Secretary. 

Emission reductions shall be real, surplus, quantifiable, 

permanent, and state and federally enforceable . 

Emissions from sources which have been issued permits but 

never operated, or which have engaged in normal operations for 

less than one (1) year, shall not be used as offsetting 

emission reductions . 

(iv) Emission reductions may be certified as ERC's only after the 

reductions have actually occurred . 

, 

TSTTLI, 1TR7II'CS=J }"~Z~SR-C7~~ fS~~-~ '-'~~ ~ ¬¬eetrve-date -ef this seet}en. ~'e~ e~riiss=er~ 

for certification shall be submitted within 18 months 

after the emission reduction 

application 

(d) -Emissi6n 

occurs . 

r ed,aet}ens may ~be ee rl}Tied as :&RG's ee ly -a f t e r- --the 

(e_d) In order to confirm emission reductions claimed in conjunction with 

an application for ERC certification, the Secretary may require the 

submission of production, fuel use or other records or emissions 

testing or the use of continuous emissions monitoring or other 

appropriate means of measurement . The same or an equivalent method 

of measurement shall be used to quantify emissions both before and 

after the reduction . 

(e) Where a reciprocal trading agreement has been established between 

Vermont and another state, ERCs generated in Vermont may be used in 

such other state . 

(8) Ambient Air Quality Monitoring 

Proposed Amendments [301 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

(a) A major stationary source or major modification required to submit 

an air quality impact evaluation shall include in such evaluation an 

analysis of ambient air monitoring data for any attainment areas 

impacted by each of the following air contaminants ; 

(i) For the source, each contaminant for which it would have 

significant allowable emissions ; 

(ii) For the modification, each contaminant for which it would 

result in a significant increase in actual emissions . 

(b) Ambient monitoring data shall be based on sampling conducted for a 

time period of up to one year immediately preceding submission of 

any application for approval to construct such a source or 

modification . Ambient monitoring data collected for a time period of 

less than one year or for a time period other than immediately 

preceding submission of any such application may be acceptable if 

such data is adequate for determining whether the source or 

modification will cause a violation of any applicable ambient air 

quality standard or consume more than the remaining available PSD 

increment . 

(c) Subparagraphs (a) and (b) above shall not apply to any air 

contaminant for which no ambient air quality standard has been 

adopted . 

5-503 REPEALED 

E}? Die-Fe:rsen shall eause, suffer, alleda erpermr~. the ee^stY"" ^}i^ne 

Med}=ieatien of Air--~Tt~=~a~t Se., 

e - 

a~- aswi~h a pa:Fking -e apa e } ty --equal 4.-e eL= g_ _ 

. ., .. ,. ; 

Proposed Amendments [311 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

Fb4 n-l.p .i-p---~l}t-ips 6ah}eh have been designated by-4.heSee=et 

me t-e,- 

:Pffiy ffied}fied highway pi-ej-eet with a-preTeeted }ner-ease 

16ra¬-f-}-e velttme ef 5,000 faeter- ~.-ehieles per day --within ten 

5-504 PERMIT FEES 

(1) Applicability 

(a) Except as provided in 3 V .S .A . § 2822(i) and 32 V .S .A . § 710, A_any 

person who is required to obtain a permit from the 

Secretary under Section 5-501 prior to construction, installation or 

modification of a stationary er indi~ee'- source shall submit a-t,ae 

pa-r~~permit fee(s) in accordance with this section . Additionally, 

where a request is made to amend an existing permit or the Secretary 

proposes to amend an existing permit on his or her own motion, a twe 

pa-r-permit fee_(s) shall be submitted in accordance with this 

section . 

(2) Net-lee Requi:eeRtenl., Base Permit Fee 

(a) A base permit fee shall be submitted with each application for and 

each request to amend a permit The written net}ee required by 

Section 5-501(1) of this subchapter -j_. 

(b) The base permit fee shall be determined in accordance with the base 

fee schedule in 3 V.S .A . §2822(j) . 

(c) The Secretary shall not make a completeness determination under 

section 5-501 of this subchapter until the base permit fee is paid 

in full . 

Proposed Amendments [32] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

(3) 

shall be nonrefundable . 

o.. ,- .,a h. (d) m, 

,__,}, Analysis-,Supplementary Fee 

(a) 

(b) 

(c) 

=nadeqt~ate te ini-t}at-e-rev}eda the-applreatten " ,-11 be Y 

The Secretary shall assess supplementary fee(s) for each stationary 

source that is not a major stationary source . The-Sc.ret-ar-y =shall 

Supplementary fee(s) shall be determined in accordance with the 

supplementary fee schedule in 3 V.S .A . §2822(j) . 

The Secretary shall not issue a permit or grant a permit amendment 

until all supplementary fees are paid in full . The per-Ffttt ~~,~e 

(Per-fflit Fe es) --e-f the Ena}renfRenta, "Yetee` ; er °^n , -,} ; e

.,n_ 

(de) Once the Secretary makes a completeness determination 

5-501 of this subchapter, the entire 

supplementary fees submitted before or 

shall be nonrefundable . 

under Section 

amount of any assessed 

after such determination 

5-505 FALSE OR MISLEADING INFORMATION 

All data, plans, specifications, analyses and other information submitted or 

caused to be submitted to the Agency shall be complete and truthful . Any such 

submission which is false or misleading shall be sufficient grounds for the 

denial of a permit, and may result in a fine and/or imprisonment under the 

authority of Vermont statutes . 

* * * 

Proposed Amendments [33] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

Subchapter X. Operating Permits 

5-1001 PURPOSE AND AUTHORITY 

The regulations in this Subchapter X are promulgated with the intention of 

providing for the establishment of a comprehensive statewide air quality 

operating permit program consistent with the federal Clean Air Act (42 U.S .C . § 

7401, et seq.), and Vermont statutes at Title 10, chapter 23 . 

5-1002 DEFINITIONS 

The terms defined in this section shall apply to this subchapter only, and for 

purposes of this subchapter shall supersede definitions contained in any other 

regulation or in statutes . The definitions contained in Air Pollution Control 

Regulations §5-101 shall govern in the absence of a superseding definition in 

this section. 

"Administrative operating permit amendment" is a permit revision that : 

(1) Corrects typographical errors ; 

(2) Identifies a change in the name, address, or phone number of any 

person identified in the permit, or provides for a similar minor 

administrative change at the subject source ; 

(3) Requires more frequent monitoring or reporting by the permittee ; or, 

(4) Allows for a change in ownership or operational control of a subject 

source where the Secretary determines that no other change in the 

permit is necessary, provided that a written agreement containing a 

specific date for transfer of permit responsibility, coverage, and 

liability between the current and new permittee has been submitted 

to the Secretary. 

"Administratively complete application" means a good faith submission to the 

Secretary of all information required by the Secretary for operating permit 

applications . 

"Affected States" means the states contiguous to Vermont, those being New York, 

New Hampshire and Massachusetts and those States : 

(1) Whose air quality may be affected by an operating permit, operating 

permit amendment, or operating permit renewal that is being 

proposed ; or, 

(2) That are within fifty (50) miles of the stationary source which is 

the subject of an operating permit application . 

"Applicable requirement" means all of the following as they apply to subject 

sources including requirements that have been promulgated or approved by EPA or 

the Agency through rulemaking including those which have future-effective 

compliance dates : 

(1) Any term or condition of any construction or modification permits 

issued pursuant to 10 V.S .A . § 556 or the regulations promulgated 

Proposed Amendments [341 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

thereunder which is pertinent to the continuing operations of the 

subject source ; 

(2) Any standard or other requirement regarding standards of performance 

for new stationary sources pursuant to section 111 of the federal 

Clean Air Act and/or regarding hazardous air pollutants pursuant to 

section 112 of the federal Clean Air Act [42 U.S .C . §§ 7411, 7412] ; 

(3) Any standard or other requirement of the acid rain program under 

title IV of the federal Clean Air Act [42 U.S .C . §§ 7651-7651o] or 

the regulations promulgated thereunder ; 

(4) Any requirements regarding monitoring or compliance certification 

pursuant to section 504(b) or section 114(a) (3) of the federal Clean 

Air Act [42 U .S .C . §§ 7661c(b), 7414(a)(3)] ; 

(5) Any standard or other requirement governing solid waste incineration 

pursuant to section 129 of the federal Clean Air Act [42 U.S .C . § 

7429] ; 

(6) Any standard or other requirement pursuant to section 183 of the 

federal Clean Air Act [42 U.S .C . § 7511b] ; 

(7) Any standard or other requirement of the regulations promulgated to 

protect stratospheric ozone under title VI of the federal Clean Air 

Act, unless the EPA has determined that such requirements need not 

be contained in an operating permit to be in compliance with the 

federal Clean Air Act . [42 U .S .C . §§ 7671-7671q] ; 

(8) Any standard or requirement contained in an applicable 

implementation plan approved and/or promulgated pursuant to the 

federal Clean Air Act [42 U .S .C . § 7401, et seq .] ; 

(9) Any standard or other requirement under the Air Pollution Control 

Regulations ; and, 

(10) Any standard or other requirement of 10 V.S .A . § 556a and 3 V.S .A § 

2822 . 

"Draft operating permit" means the version of a permit for which the Secretary 

offers public participation under section 5-1007 of this subchapter . 

"Emissions allowable under the permit' means a permit term or condition that 

establishes an emissions limit (including a work practice standard .) 

"Final operating permit" means the version of an operating permit issued by the 

Secretary after the applicant has successfully completed all review procedures 

required by this subchapter . 

"Insignificant Activities" means any of the following : 

(1) Any of the following activities, if the activity supports one or 

more production processes of the facility and does not itself 

constitute a facility production process or a part thereof : 

Proposed Amendments [351 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

(i) Natural gas, propane, and distillate oil space heating/hot 

water heaters rated at less than 3 .0 million British Thermal 

Units (BTUs) per hour ; 

(ii) Automotive storage garages and automotive repair shops that 

perform no autobody repair activities ; 

(iii) Construction activities excluding fugitive dust ; 

(iv) Internal combustion engine generator sets rated less than 37 

kW (50 hp) . 

(v) Bench scale laboratory equipment and laboratory equipment used 

exclusively for chemical and physical analysis excluding 

research and development facilities . 

heat,-pevaer, aiad lighting ai-e '-e-~pe°-a~ci, . ebtab, . 

(vii) Interior maintenance activities and the equipment and supplies 

used therein, such as janitorial cleaning products . This 

subparagraph does not include cleaning of production equipment 

and products . 

(viii)Any other activity determined to be insignificant by the 

Secretary on the basis of the minimal quantity of emissions 

and impracticality with respect to quantifying emissions 

provided such determination is consistent with the federal 

Clean Air Act [42 U .S .C . § 7401, et seq .], the Vermont Air 

Pollution Control Act [10 V .S .A . § 551, et seq ., as amended] 

and the regulations promulgated thereunder . 

(2) The engine of any motor vehicle including, but not limited to, any 

forklift or tractor. 

"Minor permit amendment" means an operating permit amendment for a change to a 

subject source or operating permit which : 

(1) Does not require or alter an MSER, HMSER, or source specific RACT 

emission limitation ; 

(2) Does not involve the construction or modification of a stationary 

source where the proposed construction or modification itself will 

have allowable emissions of ten tons per year or more of all 

contaminants ; 

(3) Does not subject the source to a federal requirement under section 

111 or 112 of the federal Clean Air Act 

(4) Does not subject the source to Title V of the federal Clean Air Act 

[42 U.S .C . §§ 7661-7661f] ; 

(5) Does not violate an underlying applicable requirement ; 

Proposed Amendments [361 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

(6) Does not involve significant changes to existing monitoring, 

reporting, or record keeping ; 

(7) Does not alter or establish an emissions cap for which there is no 

underlying applicable requirement ; 

(8) Does not require a significant permit modification; and, 

(9) Cannot be accomplished under the Operational Flexibility provisions 

(§ 5-1014) of this subchapter . 

"Operating permit" means any permit covering a subject source that is issued, 

renewed, amended, modified, or revised pursuant to this subchapter . 

"Operating permit amendment" means a revision to an operating permit . 

"Operating permit application" means an application for an initial operating 

permit, an operating permit renewal, or an operating permit amendment . 

"Proposed operating permit" means the version of an operating permit, developed 

by the Secretary after the close of the public comment period, that the Secretary 

proposes to issue and forwards to the EPA for review in accordance with section 

5-1008(b) of this subchapter . 

"Responsible official" means one of the following : 

(1) For a corporation : 

(i) a president, secretary, treasurer, or vice-president of the 

corporation in charge of a principal business function, or any 

other person who performs similar policy or decision-making 

functions for the corporation ; or, 

(ii) a duly authorized representative of such person if the 

representative is responsible for the overall operation of one 

or more manufacturing, production, or operating facilities 

applying for an operating permit or subject to this subchapter 

and the Secretary is notified in writing and approves of the 

delegation of authority to such representative . 

(2) For a partnership or sole proprietorship : a general partner or the 

proprietor, respectively; or, 

(3) For a municipality, State, Federal, or other public agency : either a 

principal executive officer or ranking elected official . For the 

purposes of this subchapter, a principal executive officer of a 

Federal agency includes the chief executive officer having 

responsibility for the overall operations of a principal geographic 

unit of the agency . 

"Subchapter X major source" means any stationary source, which, regardless of 

whether the emissions are fugitive or emitted via stack(s), has allowable 

emissions of all air contaminants in the aggregate of ten (10) or more tons per 

year excluding greenhouse gas emissions and emissions resulting from 

insignificant activities . 

Proposed Amendments [37] 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

"Subject source" means any stationary source subject to the permitting 

requirements of this subchapter . 

"Title IV affected source" means a stationary source which is subject to emission 

reduction requirements or limitations under Title IV of the federal Clean Air Act 

[42 U.S .C . §§ 7651-7651o] . 

"Title V subject source" means any stationary source subject to the permitting 

requirements of Title V of the federal Clean Air Act [42 U .S .C . §§ 7661-7661f] 

and the regulations promulgated thereunder . 

5-1003 APPLICABILITY 

(a) Any owner/operator of an air contaminant source listed in Air Pollution 

Control Regulations section 5-401(1)-(17) is subject to the requirement to 

secure an operating permit under this subchapter if the stationary source 

is : 

(1) A Subchapter X major source ; 

(2) A Title V subject source ; 

reqid}r-emen ¬ ander seet4en 

a .S .r" . § 7n-i  . 

(b) 

(43) An-~-A Title IV affected source ; 

(5-_4) Ant?--_A stationary source subject to Air Pollution Control Regulation 

§ 5-261, at the discretion of the Secretary, upon determining that 

the toxicity and quantity of hazardous air contaminants emitted may 

adversely affect susceptible populations ; or, 

Any owner/operator of a stationary source category that the Secretary, in 

his/her discretion, exempts by declaratory ruling, so long as such 

exemption is consistent with Vermont statutes at Title 10, chapter 23 and 

with the federal Clean Air Act, as amended [42 U .S .C . § 7401, et seq .], 

and the regulations promulgated thereunder, }n the-¬e}lewing-se~e 

eategeY'_ec is not subject to the requirement to secure an operating permit 

regarding such stationary source under this subchapter .-!- 

proposed Amendments [381 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

i'2 ~ 

e, seae:isnaic,~=-sea:ree Enae 

erffit-t se±e±v eeeaicrse sneo~are . . . 

ants ter Asbestes . Seeti-ee 61 .14g . StanelarEt ter- Beffi e 

-, 

I~i ree~seere~es ; 

(-4) Any ~etheE s~a~ie~a~-set~:Ezee eal~egfer-}ee whieh the &ee±=e-ta~-~, ±' e 

, , se leng as si:ie 

, 

5-1004 DUTY TO APPLY 

n ; - r - } r n - ) r r c" n ;Z -7 n n °g 

For each subject source, the owner/operator shall submit a timely and 

administratively complete application and all other information required by the 

Secretary in accordance with this subchapter . 

5-1005 TIMELY APPLICATIONS 

(a) A subject source applying for an operating permit for the first time must 

submit an administratively complete application within twelve (12) months 

after the subject source becomes subject to the provisions of this 

subchapter . 

operating 

(b) The owner/operator of a subject source that is required to meet the 

requirements under section 112(g) of the federal Clean Air Act [42 U .S .C . 

§ 7412(g)] or to have a permit under Subchapter V of the Air Pollution 

Control Regulations shall file an administratively complete operating 

permit application within the later of twelve (12) months after the 

effective date of this subchapter or twelve (12) months after commencing 

operation . Where an existing operating permit would prohibit such 

construction or change in operation, the owner/operator must obtain an 

permit amendment before commencing operation . Notwithstanding 

the preceding two sentences, the Secretary may, at his/her discretion, 

consolidate the application and/or permit for construction or modification 

of a stationary source with the application and permit for operation of 

the stationary source . 

(c) For purposes of operating permit renewal, a timely application is one that 

is submitted twelve (12) months prior to the date of operating permit 

expiration . 

(d) Applications for initial phase II acid rain permits shall be submitted to 

the Secretary by January 1, 1996 for sulphur dioxide, and by January 1, 

1998 for nitrogen oxides . 

(e) No subject source may operate after the date by which the owner/operator 

is required to submit a timely and administratively complete application 

in accordance with this section, except in compliance with an operating 

permit issued in accordance with this subchapter . Notwithstanding the 

preceding sentence, if an owner/operator submits a timely and 

administratively complete application, the owner/operator's failure to 

have an operating permit is not a violation of this subchapter until the 

Proposed Amendments [391 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

Secretary takes final action on the application . This protection shall 

cease to apply if, subsequent to the application being determined or 

deemed administratively complete pursuant to section 5-1006 of this 

subchapter, the owner/operator fails to submit any additional information 

required by the Secretary as well as information pertaining to changes to 

the subject source within thirty (30) days or such other period specified 

in writing by the Secretary. 

5-1006 COMPLETE APPLICATION 

(a) Unless and until the information specified in subsection (e) of this 

section is provided, an operating permit application will not be 

determined administratively complete, except that applications for 

operating permit amendment(s) need supply such information only if it is 

related to the proposed change(s) . 

(b) Unless the Secretary determines that an operating permit application is 

not administratively complete, such an application will automatically be 

deemed administratively complete at the later of sixty (60) days after 

receipt of the application or sixty (60) days after receipt of information 

responsive to the Secretary's last request for additional information 

regarding the application . 

(c) If, while processing an operating permit application that has been 

determined or deemed administratively complete, the Secretary determines 

that additional information is necessary to evaluate or take final action 

on that application, the owner/operator shall submit such information in 

writing within thirty (30) days of notification by the Secretary that such 

information is necessary or within such other period specified in writing 

by the Secretary as reasonably necessary to provide such information . 

(d) Any owner/operator who fails to submit any relevant facts or who has 

submitted incorrect information in an operating permit application shall, 

upon becoming aware of such failure or incorrect submittal, within five 

(5) working days or within such other period specified in writing by the 

Secretary as reasonably necessary to provide such information, submit such 

supplementary facts or corrected information . In addition, an 

owner/operator shall provide additional information as necessary to 

address any requirements that become applicable to the subject source 

after the date it files an administratively complete application but prior 

to release of a draft operating permit . 

(e) The owner/operator shall complete the forms provided by the Secretary for 

operating permit applications . Information as described below for each 

process unit and each fuel burning equipment unit at a subject source 

shall be included in the application : 

(1) Identifying information, including company name and address (or 

plant name and address if different from the company name), owner's 

name and agent, name of other responsible officials, and telephone 

numbers and names of subject source site contact person(s) ; 

(2) A description of the subject source's processes and products 

(including Standard Industrial Classification Code) including any 

Proposed Amendments [ 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

associated with each alternative operating scenario identified by 

the owner/operator ; 

(3) The following emission-related information : 

(i) All emissions of air contaminants unless resulting from 

insignificant activities or exempted under this subchapter . 

The owner/operator shall provide additional information, as 

determined by the Secretary to be necessary, related to the 

emissions of air contaminants to verify which requirements are 

applicable to the subject source; 

(ii) Identification and description of all points of air 

contaminant emissions ; 

(iii) Allowable emission rates in tons per year, and any other unit 

determined by the Secretary to be necessary to establish 

compliance consistent with the applicable standard reference 

test method ; 

(iv) The following information as determined by the Secretary to be 

necessary to determine or regulate emissions : fuels, fuel use, 

raw materials, production rates, and operating schedules ; 

(v) identification and description of air pollution control 

equipment and compliance monitoring devices or activities ; 

(vi) Identification and description of all insignificant activities 

as defined in this Subchapter ; 

(vii) A proposed enhanced monitoring protocol if required under 

section 114(a) (3) of the federal Clean Air Act [42 U .S .C . 

7414(a)(3)] or the regulations promulgated thereunder ; 

(viii)Limitations on subject source operations affecting emissions 

or any work practice standards, where applicable, for all air 

contaminants at a subject source; 

(ix) Research and development activities and such activities' 

emission amounts ; 

(x) Other information relating to any applicable requirement; and, 

(xi) All calculations, data, assumptions and conclusions on which 

the information in items (i) through (x) of this paragraph, 

above, are based; 

(4) The following air pollution control requirements : 

(i) Citation and description of all applicable requirements; and, 

(ii) Description of, or reference to, any applicable test method 

for determining compliance with each applicable requirement ; 

Proposed Amendments [411 
Amendments to the Air Pollution Control Regulations Adopted on 1/24/11- Annotated Text 

(5) Other specific information that may be necessary to implement and 

enforce other applicable requirements of this subchapter or to 

determine the applicability of any such requirement ; 

(6) An explanation of any proposed exemptions from otherwise applicable 

requirements ; 

(7) Additional information necessary to define reasonably anticipated 

alternative operating scenarios or as needed by the Secretary to 

determine the applicability of any other provision of this 

subchapter ; 

(8) A compliance plan for all subject sources that contains the 

following : 

(i) A description of the compliance status of the subject source 

with respect to all applicable requirements ; 

(ii) A description as follows : 

(A) For applicable requirements with which the subject 

source is in compliance, a statement that the subject 

source will continue to comply with such requirements ; 

(B) For applicable requirements that will become effective 

during the permit term, a statement that the subject 

source will meet such requirements on a timely basis ; 

and, 

(C) For applicable requirements for which the subject source 

is not in compliance at the time of application for an 

operating permit, a narrative description of how the 

owner/operator will achieve compliance with such 

requirements ; 

(iii) A schedule of compliance as follows : 

(A) For applicable requirements with which the subject 

source is in compliance, a statement that the subject 

source will continue to comply with such requirements ; 

(B) For applicable requirements that will become effective 

during the operating permit term, a statement that the 

subject source will meet such requirements on a timely 

basis . A statement that the subject source will meet in 

a timely manner applicable requirements that become 

effective during the operating permit term shall satisfy 

this provision, unless a more detailed schedule is 

expressly required by the applicable requirement ; and, 

(C) A schedule of compliance for subject sources that are 

not in compliance with all applicable requirements at 

the time of application for an operating permit . Such a 

schedule shall include a schedule of remedial measures, 

including an enforceable sequence of actions with 

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milestones, leading to compliance with any applicable 

requirements for which the subject source will be in 

noncompliance at the time of application for an 

operating permit . Such compliance schedule shall be at 

least as stringent as that contained in any judicial 

consent decree or administrative order to which the 

subject source is subject ; and, 

(iv) A schedule for submission of certified progress reports no 

less frequently than every six (6) months for an 

owner/operator required to have a schedule of compliance to 

remedy a violation. 

(9) Requirements for compliance certification, including the following: 

(i) A certification of compliance with all applicable requirements 

by a responsible official consistent with subsection (f) of 

this section and with section 114(a)(3) of the federal Clean 

Air Act [42 U.S .C . § 7414(a)(3)] ; 

(ii) A statement of methods used for determining compliance, 

including a description of monitoring, recordkeeping, and 

reporting requirements and test methods; 

(iii) A schedule for submission of compliance certifications during 

the operating permit term, to be submitted no less frequently 

than annually, or more frequently if specified by the 

underlying applicable requirement or by the Secretary; 

(iv) A statement indicating the subject source's compliance status 

with any applicable enhanced monitoring and compliance 

certification requirements of the federal Clean Air Act ; and, 

(10) Analysis for each hazardous air contaminant subject to Section 5-261 

of the Air Pollution Control Regulations that shall include: 

(i) The Proposed Hazardous Most Stringent Emission Rate (HMSER) 

emission limit for each hazardous air contaminant emission 

from a subject source and all calculations, data, assumptions 

and conclusions supporting the proposed HMSER emission limit ; 

(ii) An air quality impact evaluation if required or a 

demonstration of compliance with any other requirement of 

Section 5-261 of the Air Pollution Control Regulations ; and 

(iii) Any other applicable requirement under Section 112 of the 

federal Clean Air Act . 

(f) Any application form, report, or compliance certification submitted 

pursuant to this subchapter shall contain certification of truth, 

accuracy, and completeness signed by a responsible official . This 

certification and any other certification required under this subchapter 

shall state that, based on information and belief formed after reasonable 

inquiry, the statements and information in the document are true, accurate 

and complete . 

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5-1007 

(a) 

PUBLIC PARTICIPATION 

Upon making a determination to issue 

Title V subject source, 

provided as follows : 

(1) 

a draft operating permit for Faic 

a Subchapter X major source or a 

opportunity for public participation will -shall be 

peen det=e=_<<===ed er deefted t=e b &,.tv. . t

: .., . 

Secretary will -shall give notice : 

----- 

t-The 

(i) To the general public either by publishing a notice in a 

newspaper having general circulation in the area affected by 

the subject source or in an electronic state publication 

designed to give notice to the public ; and 

(ii) o affected states for Title V subject sources; 

(2) The ~ initial -content of the notice shall identify : 

(i) The eubTeet: sea:E-ee ~r-~t~e-name and address of the subject 

source and the owner/operator ; 

(ii) The name and address 

designee ; 

of the Secretary or his/her pertinent 

(iii) A brief description of Tthe activity(ies) proposed 

operating permit application ; 

(iv) The emissions change proposed in any application 

operating permit amendment ; and, 

by the 

for an 

(v) The name, mailing address, email address and telephone number 

of a person from whom interested persons may obtain additional 

information, whie h -FRay inelade including the completed 

application form, the draft operating permit, the Agency's 

analysis and all other materials available to the Secretary 

wrthat are relevant to the operating permit application-- 

. 

-he sha 

subsection 

(a), the public comment period on a draft permit shall '-ere will be 

(vi) A brief description of the comment procedures required by this 

section; and, 

(_vii) The time and place of any public informational meeting that 

may be held or a statement of procedures to request such a 

meeting . 

(43) Following the notice specified in paragraph (31) of this 

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at least thirty (30) days for pt3blie-Teffffient regai-ding the-41=a'Et 

a Title V subject source and shall otherwise be at least ten (10) days for a Subchapter X major source . 

(§4) The Secretary will provide opportunity for a public informational 

meeting regarding the draft operating permit if requested in writing 

at= -least five (5+-days prior to the close of the public comment 

period, or, in the case of a permit renewal that is not subject to 

the public notice and comment requirements pursuant to subsection (c) of this section, if requested in writing prior to renewal . 

Notice shall be given at least thirty (30) days in advance of any 

such meeting for a Title V subject source and shall be given at 

least fourteen (14) days in advance of any such meeting for a 

Subchapter X major source . 

(b5) The Secretary will keep a record of the commenters and also of the 

issues raised during the public comment period and the public 

informational meeting, if conducted. 

(b) For operating permit applications for all subject sources which are 

neither a Subchapter X major source nor Title V subject source and for 

applications for all administrative and minor permit amendments pursuant 

to Section 5-1013(a) and (b) of this subchapter, opportunity for public 

participation w4-1-1-may be provided 

at the discretion of the Secretary. In determining whether to provide for 

such public participation, the Secretary will shall consider the degree of 

toxicity of the air contaminant and the emission rate, the proximity of 

the subject source to residences, population centers and other sensitive 

human receptors, and emission dispersion characteristics at or near the 

subject source . If the Secretary requires such an opportunity for public 

participation, it will be in such manner as determined in the discretion 

of the Secretary. 

(c) Applications for operating permit renewal are subject to the same public 

participation requirements that apply to initial operating permit 

applications, except that a permit being renewed shall not be subject to 

the public notice and comment requirements of subsection (a) of this 

section if : 

(1) The Secretary determines that no substantive changes have occurred 

at the subject source that would affect emissions or require changes 

to the permit ; 

(2) The Secretary determines no new statutory or regulatory requirements 

need to be added to the permit ; and 

(3) The subject source is not a Title V subject source . 

(d) At his/her discretion, the Secretary may hold any public comment period or 

public informational meeting pursuant to this section jointly and 

concurrently with any public comment period or public informational 

meeting pursuant to §5-501 of the Air Pollution Control Regulations . 

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5-1008 SECRETARY'S POWERS AND DUTIES 

(a) The Secretary may refuse to issue, renew, amend or modify an operating 

permit upon any of the following grounds : 

(1) The owner/operator fails to submit pertinent and material 

information requested by the Secretary; 

(2) There exists at the subject source unresolved noncompliance with 

applicable requirements or conditions of an existing permit issued 

under this Chapter and the owner/operator will not undertake a 

schedule of compliance that is acceptable to the Secretary to 

resolve the noncompliance ; 

(3) An owner/operator fails to fully disclose all facts relevant to the 

subject source, or knowingly submits false or misleading information 

to the Secretary; or, 

(4) With respect to a subject source proposed to be permitted, the 

owner/operator has failed to pay a penalty or other sums owed 

pursuant to, or has otherwise failed to comply with, a court order, 

consent decree, stipulation agreement, schedule of compliance, or an 

order issued under Vermont statutes . 

(b) For Title V subject sources, the Secretary will forward the operating 

permit application, proposed operating permit, and the legal and factual 

basis for proposed operating permit conditions to EPA for review . Within 

the later of forty five (45) days of its receipt of the proposed operating 

permit or forty-five (45) days of its receipt of Vermont's notice relating 

to nonacceptance of Affected State comments, EPA may object to the 

issuance of a final operating permit if it determines that the issuance of 

a final operating permit will not comply with the requirements of 40 

C .F .R . Part 70 . This subsection (b) shall not apply to applications for 

administrative operating permit amendments . 

(c) Within ninety (90) days of the date of an EPA objection to a proposed 

operating permit, the Secretary will respond in writing to the objection, 

revise the proposed operating permit if necessary, and either issue or 

deny a final operating permit in accordance with EPA's objection . For 

Title V subject sources, the Secretary shall provide copies of issued 

operating permits, including amended operating permits, to EPA . 

(d) The Secretary may issue an operating permit to a subject source which is 

not in compliance with applicable requirements . Such permit will include 

an appropriate schedule of compliance which is acceptable to the 

Secretary. 

(e) (1) For Title V subject sources, the Secretary shall reopen an operating 

permit and, then, shall reissue, amend, suspend or terminate, as 

appropriate, the permit when : 

(i) There are additional applicable requirements with a remaining 

operating permit term of 3 or more years, and shall complete 

the reopening within eighteen months of the promulgation of 

the requirement ; 

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(ii) There are additional applicable requirements for a Title IV 

affected source under the acid rain program; 

(iii) The Secretary or EPA determines that the permit contains a 

material mistake or that inaccurate information was used to 

establish emissions standards or other terms or conditions of 

the permit ; or 

(iv) The Secretary or EPA determines such action is necessary to 

assure compliance with applicable requirements . 

(2) For any subject source, the Secretary may reopen and, then, reissue, 

amend, suspend or terminate an operating permit for good cause . Good 

cause includes, but is not limited to, situations where : 

(i) there are additional applicable requirements ; 

(ii) the permit contains a material mistake or that inaccurate 

information was used to establish emissions standards or other 

terms or conditions of the permit ; 

(iii) the subject source has failed to comply with a permit 

condition; or 

(iv) the grounds for refusal to issue, renew or modify an operating 

permit under subsection (a) of this section exist . 

(3) In the event the Secretary reopens a permit pursuant to paragraph 

(e) (1) or (e) (2) of this subsection, the procedures required for 

initial operating permit application and issuance or permit 

amendments shall apply, except that they shall apply only to those 

parts of the operating permit for which cause to reopen exists . 

Except in an emergency, the Secretary shall provide at least thirty 

(30) days notice to the owner/operator, of the Secretary's intent to 

reopen . Such procedures need not be followed for suspension, 

termination, or revocation of a permit . 

(f) The Secretary may issue a single permit authorizing emissions from similar 

operations by the same owner/operator at multiple temporary locations . The 

operations must be temporary and involve at least one change of location 

during the term of the permit . Such permits shall require at least ten 

(10) days notice to the Secretary prior to each change in location . 

(g) The Secretary shall implement the requirements and provisions of Title IV 

of the federal Clean Air Act [42 U .S .C . §§ 7651-7651o] and the regulations 

promulgated thereunder . If any provisions or requirements of Title IV of 

the federal Clean Air Act and the regulations promulgated thereunder 

conflict with or are not included in this Subchapter, the requirements and 

provisions of Title IV of the federal Clean Air Act shall apply and take 

precedence . 

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5-1009 ACTION ON OPERATING PERMIT APPLICATIONS 

(a) An initial operating permit, an operating permit renewal, or an operating 

permit amendment will be issued only if all of the following conditions 

have been met : 

(1) The Secretary has received an administratively complete application 

as described in Section 5-1006 of this subchapter ; 

(2) The owner/operator has provided all additional information requested 

by the Secretary pursuant to Sections 5-1005(e), 5-1006(c), 5-

1006(d), and 5-1012(c) of this subchapter ; 

(3) An opportunity for public participation, if required by Section 5-

1007 of this subchapter, is provided ; and, 

(4) The terms and conditions of the operating permit, including any 

schedule of compliance, provide for compliance with all applicable 

requirements and the requirements of this subchapter . 

(b) The Secretary will take final action on each operating permit application 

within eighteen (18) months after receiving an administratively complete 

application . 

5-1010 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT) 

(a) The owner/operator of a Subchapter X major source shall install, maintain, 

and use reasonably available control technology (RACT) to limit the 

discharge of air contaminants from each process unit and each fuel burning 

equipment unit at such subject source, if and as required by the 

conditions of an operating permit . 

(b) Except as provided in subsection (c) of this section, any RACT requirement 

pursuant to subsection (a) of this section shall be determined by the 

Secretary for each subject source or category of subject sources after 

consideration of all available pertinent information . Before final action 

is taken on an operating permit application, the Secretary may require the 

owner/operator of a stationary source subject to this section to submit 

information to the Secretary to establish whether RACT will be achieved . 

(c) Any PACT requirement for VOCs pursuant to Section 5-253 of this Chapter or 

nitrogen oxides pursuant to Section 5-251(3), or any most stringent 

emission rate (MSER) requirement to which a stationary source is otherwise 

subject for a process unit and/or fuel burning equipment unit at the time 

of application for an operating permit, shall be the applicable PACT 

requirement pursuant to subsection (a) of this section for such process 

unit and/or fuel burning equipment unit provided that such MSER or RACT 

requirement was established less than ten (10) years prior to the 

operating permit application being determined or deemed administratively 

complete . 

5-1011 TERM OF OPERATING PERMIT 

Each operating permit issued under this subchapter shall be for a fixed term 

determined by the Secretary, not to exceed five (5) years . 

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5-1012 PERMIT EXPIRATION AND RENEWAL 

(a) Each operating permit, unless sooner terminated in accordance with section 5-1008(e), will expire at the end of its term except as provided in subsection (c) of this section . 

(b) Applications for operating permit renewal are subject to the same 

requirements , including those for public participation, that apply to 

initial operating permit applications , except as provided under Section 5- 1007(c) of this subchapter . 

(c) If a timely and administratively complete application for operating permit 

renewal is submitted to the Secretary, but the Secretary has failed to 

issue or deny such renewal before the end of the term of the previous 

permit, then the owner/operator may continue to operate the subject source 

and all terms and conditions of such previous operating permit shall 

remain in effect until the Secretary has issued or denied the operating 

permit renewal . However, such previous operating permit shall 

automatically expire if, subsequent to the application being determined or 

deemed administratively complete pursuant to Section 5-1006 of this 

subchapter, the owner/operator fails to submit any additional information 

required by the Secretary as well as information pertaining to changes to 

the subject source within thirty (30) days or such other period specified 

in writing by the Secretary . 

5-1013 OPERATING PERMIT AMENDMENTS 

(a) An administrative operating permit amendment may be made by the Secretary 

consistent with the following : 

(1) The Secretary may incorporate such changes without providing notice 

to the public or affected States . 

(2) The owner/operator may implement the changes addressed in the 

request for an administrative operating permit amendment immediately 

upon submittal of the request to the Secretary . Notwithstanding 

Section 5-1009(b) of this subchapter, the Secretary will act on the 

request within 60 days of its receipt by the Secretary. Should the 

Secretary deny the request, the owner/operator must take whatever 

action is necessary to comply with the denial . 

(b) The Secretary may issue a minor permit amendment without providing 

opportunity for public participation (§ 5-1007) provided the applicant 

submits an administratively complete application which includes : 

(1) a description of the proposed change, the emissions which would 

result from the proposed change, and any new requirements that will 

apply if the change occurs ; 

(2) citation of all requirements applicable to the subject source as a 

result of the change and a description of how compliance with such 

requirements can be determined; 

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(3) certification by a responsible official that the proposed change is 

eligible to be processed as a minor permit amendment in accordance 

with Section 5-1002-(~} of this subchapter . 

(c) Except as provided in (a) and (b) above, the procedure for processing an 

application for an operating permit amendment shall be the same as that 

used to process an application for an initial operating permit . In the 

case of a minor permit amendment for a Title V subject source, the 

Secretary shall notify affected states and EPA upon receipt of an 

administratively complete application and the proposed permit shall be 

subject to Section §5-1008(b) and (c) of this subchapter . 

(d) An operating permit amendment for the purposes of the acid rain portion of 

an operating permit shall be subject to regulations promulgated under 

Title IV of the federal Clean Air Act [42 U.S .C . §§ 7651-7651o] . 

5-1014 OPERATIONAL FLEXIBILITY 

(a) An owner/operator may make a change to a permitted subject source without 

securing approval of the Secretary or requesting an operating permit 

amendment provided that : 

(1) The change does not constitute a modification under any provision of 

the Air Pollution Control Regulations ; 

(2) The change is not subject to Title IV of the federal Clean Air Act 

[42 U .S .C . §§ 7651-7651o] ; 

5-1015 

(a) 

(3) The change does not cause any subject source to exceed the emissions 

allowable under the operating permit (whether expressed therein as a 

rate of emissions or in terms of total emissions) ; 

(4) 

(5) 

(6) 

contravene a permit term and condition for monitoring, 

keeping, reporting, or compliance certification ; 

The change meets all applicable requirements and the change does not 

emission units at a Title V subject 

change are quantifiable and there 

enforce the emission trades ; and, 

record 

increases and decreases between For the balancing of emissions 

source, all emissions from the 

are replicable procedures to 

The owner/operator of the permitted subject source provides the 

Secretary (and the EPA for Title V subject sources), with written 

notice received at least fifteen (15) days in advance of the 

proposed change . Such notice shall include a brief description of 

the change within the permitted facility, the date on which the 

change will occur, any change in emissions, and any permit term that 

is no longer applicable as a result of the change . The 

owner/operator shall attach a copy of such written notice to the 

operating permit . 

PERMIT CONTENT 

Each operating permit issued to a Title V subject source under this 

subchapter will include the following elements : 

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(1) Specified emission limitations and standards, including those operational requirements and limitations that assure compliance with 

all applicable requirements ; 

(2) A reference, but not necessarily all references, of the origin and 

authority for each term or condition ; 

(3) Emission monitoring and analysis procedures or test methods required 

under the applicable requirements ; 

(4) Conditions for record keeping and periodic monitoring as the 

Secretary deems necessary to collect reliable data representative of 

the subject source's compliance with the operating permit including 

the installation, use and maintenance of monitoring equipment ; 

(5) Reporting requirements requiring, at a minimum, submittal of reports 

of any required monitoring, certified by a responsible official in 

accordance with Section 5-1006(f) of this subchapter, at least every 

six (6) months ; 

(6) Prompt reporting of deviations from permit requirements, including 

those attributable to upset conditions as defined in the permit, the 

probable cause of such deviations, and any corrective actions or 

preventative measures taken . Prompt shall be defined on a case-bycase basis in each operating permit, shall be at least as stringent 

as is required for permits issued to Title V subject sources by EPA, 

and shall be determined in relation to the degree and type of 

deviation likely to occur and the applicable requirements ; 

(7) A provision requiring that reports, records of all monitoring data 

and related information required by the operating permit be retained 

by the subject source for at least five (5) years from the date of 

the monitoring, measurement, or report ; 

(8) Terms and conditions, including the requirement to maintain records 

of switches in operating scenario, for reasonably anticipated 

alternative operating scenarios identified by the subject source in 

its application as approved by the Secretary; 

(9) Specific designation by the Secretary in the Findings of Fact of any 

operating permit for a Title V subject source, of terms and 

conditions which are not federally enforceable under the Act or 

under any of its applicable requirements ; 

(10) Inspection and entry requirements requiring that, upon presentation 

of credentials, the permittee shall allow an authorized 

representative of the Secretary access, at reasonable times, to all 

properties covered by the permit and where emissions related 

activity is conducted for the purpose of ascertaining compliance 

with the permit and applicable requirements; 

(11) Requirements for submittal of compliance certifications, including, 

but not limited to, the frequency of submission of compliance 

certifications ; 

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(12) If necessary, a schedule of compliance and requirements for 

submittal of progress reports ; 

(13) Provisions indicating that the Secretary may reopen an operating 

permit prior to the expiration of the operating permit in accordance 

with Section 5-1008(e) ; and, 

(14) If requested by an owner/operator in accordance with the provisions 

of this subsection, a "permit shield" provision that identifies 

specific state or federally enforceable regulations and standards 

derived therefrom which are not applicable to a source . Enforcement 

actions based on those identified regulations and standards may not 

be initiated against the source covered by the shield . However, a 

`permit shield" is not available as part of an administrative or 

minor permit amendment and does not apply to changes permitted under 

Section 5-1014 . 

(i) Such a shield shall only have legal effect if : 

(A) The Secretary, in acting on an operating permit 

application, determines in writing which specific state 

or federally enforceable regulations and standards 

derived therefrom are not applicable to the stationary 

source and the operating permit contains an express 

delineation of each such regulation or standard ; 

(B) The applicant includes, in its application, a draft 

permit shield provision in the form and with the 

elements specified by the Secretary, itemizing each 

specific state or federally enforceable regulation or 

standard derived therefrom which said applicant believes 

is not applicable to such stationary source ; and, 

(C) An operating permit expressly states that a "permit 

shield" exists in accordance with this subsection, 

otherwise the operating permit shall not provide such a 

shield ; 

(ii) A permit shield shall not limit the Secretary's ability to 

reopen and/or amend an operating permit pursuant to section 5-

1008(e) of this subchapter . Notwithstanding any other 

provision of this subchapter, the Secretary need not receive 

an operating permit application from the owner/operator of a 

subject source in order to reopen and/or amend a "permit 

shield" provision . 

(iii) Notwithstanding paragraph (14) of this subsection, the 

stationary source must comply with those state or federally 

enforceable regulations and standards that become applicable 

during the term of the operating permit, even if those 

requirements are not set forth in the operating permit . 

(iv) Notwithstanding this paragraph (14) of this subsection, an 

owner/operator shall remain liable for any violation of 

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applicable provisions of law that occurred prior to or at the 

time of issuance of an operating permit . 

(v) The permit shield shall be void if it is based on or affected 

by any false, inaccurate, or incomplete information provided 

by the applicant . 

(vi) The permit shield shall not limit in any way or prevent the 

Secretary from issuing an emergency administrative order in 

accordance with 10 V .S .A . § 8009 or an emergency order 

pursuant to 10 V .S .A. § 560 . The permit shield shall remain in 

effect with respect to any regulations or standards delineated 

in the permit shield provision which are not affected by, or 

the basis for such emergency orders . No emergency 

administrative order issued to an owner/operator which is 

based on regulations or standards that are delineated in such 

source's permit shield provision shall contain monetary 

penalties . 

(vii) The permit shield shall not apply to, or affect those 

provisions of law which implement the requirements and 

provisions of Title IV of the federal Clean Air Act (42 U.S .C . 

§§ 7651-7651o) and the regulations promulgated thereunder . 

(15) If requested by the owner/operator, terms and conditions for the 

balancing of emissions increases and decreases between emission 

units at a Title V subject source for the purpose of complying with 

a federally enforceable emissions cap contained in the operating 

permit if such balancing of emissions is permissible under Section 

5-1014 ; 

(16) Such other provisions, consistent with this subchapter, 10 V .S .A . 

Chapter 23, the federal Clean Air Act [42 U .S .C . § 7401, et seq .] 

and the regulations promulgated thereunder, as the Secretary may 

incorporate . 

(b) For subject sources other than Title V subject sources, each operating 

permit may include any or all of the elements set forth in subsection (a), above . 

5-1016 LIMITING ALLOWABLE EMISSIONS 

(a) For any air contaminant source that is not a Title V subject source and 

which is subject to this subchapter solely due to Section 5-1003(a)(1), if 

the owner/operator demonstrates to the satisfaction of the Secretary that 

actual emissions of air contaminants from the stationary source have not 

equaled or exceeded ten (10) tons in any calendar year commencing January 

1, 1995, then the actual emissions of such stationary source for such 

calendar year shall be deemed to be the stationary source's allowable 

emissions, notwithstanding Section 5-101 of these regulations . Such 

stationary source need not secure an operating permit which would 

otherwise be required by this subchapter so long as actual emissions of 

air contaminants from the stationary source are less than ten (10) tons 

per calendar year . 

(b) In order to make such a demonstration to the Secretary, the owner/operator 

must submit an annual registration to the Secretary, in accordance with 

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the procedures specified in Subchapter VIII of these regulations, 

certifying that actual emissions of air contaminants from the stationary 

source, for the preceding year, did not exceed ten (10) tons . 

(c) No air contaminant source, which is exempt under this section from the 

operating permit requirement, shall emit ten (10) tons or more of air 

contaminants in a calendar year or violate any provision of this section . 

(d) The owner/operator of an air contaminant source making an annual 

certification under this section shall keep and maintain records to 

determine actual emissions . Such records shall include, but not be limited 

to, emissions monitoring, monitoring of fuel usage, production rates, 

hours of operation, product purchases, and any other information that the 

Secretary may require to calculate actual emissions from the air 

contaminant source . Such information shall be summarized in a monthly log, 

maintained on-site for a minimum of five (5) years from the date of 

record, and shall be made available to the Secretary upon request . 

Additionally, such owner/operator shall consent, in writing, to provide 

authorized representatives of the Secretary with access, at reasonable 

times, to all properties where emissions related activity is conducted for 

the purpose of verifying the accuracy of such annual certification . 

Proposed Amendments [541