# ENCLOSURE1:
AMENDMENTSTO AIRPOLLUTIONCONTROLREGULATIONS

(Note: Onlyhighlightedamendments arebeingsubmittedasSIPRevisions)

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText



# Note: All of the amendments to Vermont's Air Pollution Control RegulationsadoptedonJanuary24,2011areannotatedbelow,butonly thehighlightedportionsarebeingsubmittedasSIPrevisions
. NoSIP revisions are being proposed at this time to any portion of the regulationsshownbelowthatisnothighlighted
.

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 THEMIN THE ACT 

### "Act" refers to the Air Pollution Control Act, 10V.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 maybe 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 allowthe 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 howthese factors correlate with (1) times of visitor use and (2) the frequency and timing of natural conditions that reduce visibility
. Proposed Amendments [1]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"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, fromdeposition 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 theperson whose functional responsibility is to direct and coordinate the air pollution control activities and programfor 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 fromstationary 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 maximumrated 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 QualityStandards" 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"Attainment Area" (see definition of nonattainment area)
. "Brake Horsepower" means the maximumcontinuous 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 systemand 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 fromthe 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 byvolume 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"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 streamprior to discharge to the ambient air
. "Crematory" means an incinerator used solely to reduce the volume andweight 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 froma 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 Secretaryof 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"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 petroleumproduct either virgin or rerefined which is burned for the generation of heat or power and derived, whether in whole or in part, fromcrude 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 Vand Subchapter Xof theAir 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 frompoints other than a stack
. 

### "Garbage" -- waste resulting fromdistribution, preparation and serving of food
. "Gaseous Matter" means any material that exists in the gaseous state at standard conditions
. "Gasoline" means any petroleumdistillate 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 truckwith 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 inAppendix Dof 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"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 _2e) 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 HealthAdministration (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 maximumcombustion of the material to be burned
.

Proposed Amendments [7]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"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 allowclassification ("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 viewof 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 formas 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"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 fromany 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 rawor 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 frombeginning of any given process to the completion thereof, excluding any time during which the equipment is idle.


### Netiee , , 51.4. 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
. Proposed Amendments 191

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"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 newsource. A reconstructed source will be treated as a newsource 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 petroleumproduct 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

, ` . Tons Per Year 

### Carbon monoxide 50 Nitrogen oxides 40 Sulfur dioxide 40 Particulate matter 25 PMio 

### 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 (CO Ze) 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"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 section 5-101 of these regulations
. "Submerged Fill" means the method of filling a gasoline tank truck or storage tank in which gasoline enters within six inches of the bottomof 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 equilibriumwith its pure liquid or solid form at a given temperature. 

### "Vapor Balance System" means a combination of pipes or hoses which create a closed systembetween the vapor spaces of an unloading tank and a receiving tank such that vapors displaced fromthe receiving tank are transferred to the tank being unloaded
. "Vapor Collection system- means all piping, seals, hoses, connections, pressure vacuumvents 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 froma tank during the transfer of gasoline
. Proposed Amendments [121

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"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) fromthe 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 petroleumproduct which:



### (a) has been refined fromcrude 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText Subchapter II
. Prohibitions

5-251 CONTROL OF NITROGEN OXIDES EMISSIONS 

### (1)

(2)

V--7 

### No person shall discharge, or cause, allowor permit emissions of oxides of nitrogen, expressed as NO ., from any steamgenerating 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 fromgaseous fossil fuel
. (a) 0.54 grams per million calories heat input (0.30 pounds per million BTU) derived fromliquid fossil fuel
. (b) 1.26 grams per million calories heat input (0.70pounds per million BTU) derived fromsolid 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 , 4:995commencement 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 belowthe 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 fromthe requirements of Section 5-251(32)
.

Proposed Amendments [14]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

5-a52 CONTROL OF SULFUR DIOXIDE EMISSIONS r-~No person shall discharge, or cause, allowor permit emissions of sulfur dioxide fromany steamgenerating 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 fromliquid fossil fuel
. 2.2 grams per million calories heat input (1.2 pounds per million BTU) derived fromsolid fossil fuel
. (b) mit shall net apply te gas tidEblne
.

5-271 CONTROL OF AIR CONTAMINANTS FROMSTATIONARY 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-ratingaf-459 bhp-er gieate3F Eftanufaetared er install ed e ar , 2007.

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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText 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 fromany 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) Aperson 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~ieter- 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 AfteE atrly

~1, 2007
. 

### (1) Aperson 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) Aperson 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText 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 h

Hot-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 Petroleumor petro-chemical processing or marketing Proposed Amendments [18]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

(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
.
* * * * *

Proposed Amendments [171

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

(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 maybe 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 inzcoo 

### 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

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 fromcyclones 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 theAir 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 reviewpursuant to Sections 5- 501 or 5-503 herein to conduct diffusion or other air qualitymodeling 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText 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 '

,
,

Proposed Amendments [211

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText Subchapter V
. Reviewof NewAir Contaminant Sources 5-501 REVIEWOF CONSTRUCTION OR MODIFICATION OF AIR CONTAMINANT SOURCES 

### (1) No person shall cause, suffer, allowor permit the newconstruction, 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 fromthe Secretary


### (2) an erdei='

:,aea 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, fromthe 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 Secretarydetermines 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 Secretaryshall 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 -'

Iti the evirsciiieci-x

Proposed Amendments [22]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText Fnea3i7:i-ea-s:iens.

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

### a 1~-~}1,-r

e-~
0 BE 6-E 

### eeRT-B±eEe mee'rzic^-a,afens
. ?F}a±3=SeS
. er e ane --------- --- ---- -------- ------_-= ---- --------_--- F}
_ ''s--anat;fs±6-±neft2ai33eF --Ef3e E2±8ee`sa: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 fer--publie ' , B-._-- _-_-v



### the CccretaYj s 9uiqitf
..'
. .


### , 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 aviolation 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 andwill be treated as a major stationary source or a major modification for the purposes of its reviewunder 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText 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/operator; 

### 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 fromwhominterested persons may obtain additional information, wh'_=h

_.. -~__~-- i-~~,~~~'~
_______ includingthe 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 Secretarywhich are relevant to the construction permit appl ication
. Abrief 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 Secretarywill 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText give notice to the public
. 

### subject source or in an electronic state publication d esigned to (f) The Secretarywill 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 ANDMAJOR 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 reviewunder Section 5-501 herein
. 

### (b) Where a source is constructed or modified in increments: Proposed Amendments [251

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (i) Which individually are not subject to review under this section, (ii) Which have not previously been aggregated for purposes of their reviewunder 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) Asource 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 not~ 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText 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 PSDincrement, 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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 fromexisting 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, fromexisting sources=; (ii) Obtain an offset ratio of a minimumof 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText VOCs can be used to offset emissions of each other if approved by the Secretary and EPAon 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~is3xcax

.__ 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}reFaents

### been

B the sei=v}ees er- its-~r-ediae¬ eeuld merely shift- te-ether

B A ;ERe -F



### reduetienswill 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, a



### n d B'e -_ B 

### Fftedifiedapp3cepiF}ately by-the .°e--Yeta

v. jl
. Be "~-" 'e (7) Emission Reduction Credits ¬ erNit-regen 9xides Proposed Amendments [291

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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

502(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
.

,}"~ fS



### ~~-~ '-'~~ ~¬¬eetrve-date-ef this seet}en
. ~'e~ e~riiss=er~ TSTTLI, 1TR7II'CS=JZ~SR-C7~~



### for certification shall be submitted within 18 months after the emission reduction application (d)-Emissi6n 

### occurs. red,aet}ens may

~be eerl}Tied as :&RG's eely -after- --the (e_d) In order to confirmemission reductions claimed in conjunction with

an application for ERCcertification, 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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-eapae}ty--equal 4 .-e eL= g
__
.., ..,.;

Proposed Amendments [311

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText Fb4 n-l.p.i-p---~l}t-ips 6ah}eh have been designated by-4 .heSee=et

met-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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

(3) shall be nonrefundable
. o.. ,-.,a h
. m, 

### (d)

,__,}, 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 Fees)--e-f the Ena}renfRenta, "Yetee` ;er °^n ,-,};e.,n_ 

### (de) Once the Secretarymakes 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText 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 programconsistent 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 newpermittee 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 NewYork, NewHampshire 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 EPAor 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText thereunder which is pertinent to the continuing operations of the subject source; (2) Any standard or other requirement regarding standards of performance for newstationary 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 programunder 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 operatingpermit" 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 reviewprocedures 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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

performno 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 Vof the federal Clean Air Act

[42 U.S.C
. §§ 7661-7661f] ; (5) Does not violate an underlying applicable requirement;

Proposed Amendments [361

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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 reviewin 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]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

"Subject source" means any stationary source subject to the permitting requirements of this subchapter
. 

### "Title IVaffected 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 Vsubject 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 Vsubject 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

i'2~ 

### e, seae:isnaic,~=-sea:ree Enae erffit-t se±e±v eeeaicrse sneo~are . . . e ants ter Asbestes
. Seeti-ee 61 .14g. StanelarEt ter- Beffi -, I~iree~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 TOAPPLY - - ) ;Z -7 } r n- rr c" n n n r 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
.

TIMELY APPLICATIONS 5-1005 (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 [391 Proposed Amendments

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText 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 Secretaryas 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 belowfor 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 fromthe 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 [

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText 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, rawmaterials, 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 anywork 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

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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 fromotherwise 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) Adescription 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 termshall 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
Proposed Amendments [421

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText milestones, leading to compliance with any applicable requirements for which the subject source will be in noncompliance at the time of application for an operatingpermit
. 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) Acertification 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 operatingpermit 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 froma 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
. Proposed Amendments [43]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

5-1007 (a) PUBLIC PARTICIPATION

Upon m

aking a determination to issue Title Vsubject source, provided as follows: 

### (1) a draft operating permit for Faic a Subchapter Xmajor source or a opportunity for public participation will
-shall be

peen det=e=_<<===ed er deefted t=e b &, .tv..t: ..,. Secretarywill
-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 Vsubject 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 fromwhominterested persons may obtain additional information, whieh-FRay inelade including the completed application form, the draft operating permit, the Agency's analysis and all other materials available to the Secretary wr that are relevant to the operating permit application--

. -he sha



### subsection (a), the public comment period on a draft permit shall '-ere will be (vi) Abrief 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
Proposed Amendments [44]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText at least thirty (30) days for pt3blie-Teffffient regai-ding the-41=a'Et a Title Vsubject source and shall otherwise be at least ten (10) days for a Subchapter Xmajor 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 Secretarydetermines 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 newstatutory or regulatory requirements

need to be added to the permit ; and 

### (3) The subject source is not a Title Vsubject 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
.
Proposed Amendments [45]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

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 Vsubject 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 operatingpermit termof 3 or more years, and shall complete the reopening within eighteen months of the promulgation of the requirement; Proposed Amendments [461

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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, renewor 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 fromsimilar

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
.

Proposed Amendments [47]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

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 Secretaryhas 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 fromeach 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 TERMOF 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. Proposed Amendments [481

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText

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 Secretarywill 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 fromthe proposed change, and any newrequirements 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 howcompliance with such requirements can be determined;

Proposed Amendments [49]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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 fromthe 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 termthat 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:
Proposed Amendments [50]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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 termor 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 frompermit 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 Vsubject 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 fromthe 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;

Proposed Amendments [51]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText (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 therefromwhich 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 permittedunder 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 therefromare 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 therefromwhich 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 fromthe 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 operatingpermit
. (iv) Notwithstanding this paragraph (14) of this subsection, an owner/operator shall remain liable for any violation of

Proposed Amendments [52]

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText applicable provisions of lawthat 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 CleanAir 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 Vsubject 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 Vsubject 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 Vsubject 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 fromthe 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 Proposed Amendments [531

### AmendmentstotheAirPollutionControlRegulationsAdoptedon1/24/11-AnnotatedText the procedures specified in Subchapter VIII of these regulations, certifying that actual emissions of air contaminants fromthe stationary source, for the preceding year, did not exceed ten (10) tons. (c) No air contaminant source, which is exempt under this section fromthe

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