STATE OF VERMONT

AGENCY OF NATURAL RESOURCES

AIR POLLUTION CONTROL

REGULATIONS

INCLUDING AMENDMENTS TO THE REGULATIONS

ADOPTED THROUGH: July 5, 2014

AIR Quality & Climate DIVISION

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

AGENCY OF NATURAL RESOURCES

Davis 2

One National Life Drive

Montpelier, VERMONT 05620-3802

TELEPHONE: (802) 828-1288

WEBSITE: http://www.anr.state.vt.us/air/
VAPCR Adopted September 2011 [ii]

PERSONS REQUIRING ADDITIONAL INFORMATION REGARDING THESE REGULATIONS OR OTHER 

MATTERS RELATING TO AIR POLLUTION IN VERMONT SHOULD WRITE TO:

ELAINE O’GRADY, DIRECTOR

AIR QUALITY & CLIMATE DIVISION

DAVIS 2

ONE NATIONAL LIFE DRIVE

MONTPELIER, VERMONT 05620-3802
VAPCR Adopted September 2011 [iii]

VERMONT AIR POLLUTION CONTROL REGULATIONS

TABLE OF CONTENTS

SUBCHAPTER I. DEFINITIONS

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

HAVE THE MEANING GIVEN THEM IN THE ACT...........................8

SUBCHAPTER II. PROHIBITIONS

5-201 OPEN BURNING PROHIBITED.........................................23

5-202 PERMISSIBLE OPEN BURNING........................................23

5-203 PROCEDURES FOR LOCAL AUTHORITIES TO BURN NATURAL WOOD...........24

5-204 OUTDOOR WOOD FIRED BOILERS......................................24

5-205 [REPEALED]......................................................32

5-211 PROHIBITION OF VISIBLE AIR CONTAMINANTS.........................32

5-221 PROHIBITION OF POTENTIALLY POLLUTING MATERIALS IN FUEL..........32

5-231 PROHIBITION OF PARTICULATE MATTER...............................37

5-241 PROHIBITION OF NUISANCE AND ODOR................................40

5-251 CONTROL OF NITROGEN OXIDES EMISSIONS............................41

5-252 CONTROL OF SULFUR DIOXIDE EMISSIONS.............................42

5-253 CONTROL OF VOLATILE ORGANIC COMPOUNDS

5-253.1 Petroleum Liquid Storage in Fixed Roof Tanks....................42

5-253.2 Bulk Gasoline Terminals.........................................44

5-253.3 Bulk Gasoline Plants............................................46

5-253.4 Gasoline Tank Trucks............................................49

5-253.5 Stage I Vapor Recovery Controls at Gasoline Dispensing 

Facilities......................................................51

5-253.6 Volatility of Gasoline..........................................52

5-253.7 Stage II Vapor Recovery Controls at Gasoline Dispensing 

Facilities......................................................53

5-253.8 Reserved........................................................59

5-253.9 Reserved........................................................59

5-253.10 Paper Coating...................................................59

5-253.11 Perchloroethylene Dry Cleaning..................................62

5-253.12 Coating of Flat Wood Paneling...................................65

5-253.13 Coating of Miscellaneous Metal Parts............................68

5-253.l4 Solvent Metal Cleaning..........................................70
VAPCR Adopted September 2011 [iv]

5-253.15 Cutback and Emulsified Asphalt..................................76

5-253.16 Wood Furniture Manufacturing....................................77

5-253.17 Reserved........................................................91

5-253.18 Reserved........................................................91

5-253.19 Reserved........................................................91

5-253.20 Other Sources That Emit Volatile Organic Compounds..............91

5-261 CONTROL OF HAZARDOUS AIR CONTAMINANTS...........................93

5-271 CONTROL OF AIR CONTAMINANTS FROM STATIONARY RECIPROCATING 

INTERNAL COMBUSTION ENGINES.....................................96

SUBCHAPTER III. AMBIENT AIR QUALITY STANDARDS

5-301 SCOPE...........................................................98

5-302 SULFUR OXIDES (SULFUR DIOXIDE)..................................98

5-303 RESERVED ........................................................98

5-304 PARTICULATE MATTER PM2.5.........................................98

5-305 RESERVED ........................................................98

5-306 PARTICULATE MATTER PM10 .........................................98

5-307 CARBON MONOXIDE.................................................99

5-308 OZONE...........................................................99

5-309 NITROGEN DIOXIDE................................................99

5-310 LEAD............................................................99

5-311 RESERVED........................................................99

5-312 SULFATES........................................................99

SUBCHAPTER IV. OPERATIONS AND PROCEDURES

5-401 CLASSIFICATION OF AIR CONTAMINANT SOURCES......................101

5-402 WRITTEN REPORTS WHEN REQUESTED.................................102

5-403 CIRCUMVENTION..................................................102

5-404 METHODS FOR SAMPLING AND TESTING OF SOURCES....................103

5-405 REQUIRED AIR MONITORING........................................103

5-406 REQUIRED AIR MODELING..........................................103

SUBCHAPTER V. REVIEW OF NEW AIR CONTAMINANT SOURCES

5-501 REVIEW OF CONSTRUCTION OR MODIFICATION OF AIR CONTAMINANT 

SOURCES........................................................105

5-502 MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS...............107

5-503 [REPEALED].....................................................113
VAPCR Adopted September 2011 [v]

5-504 PERMIT FEES....................................................113

5-505 FALSE OR MISLEADING INFORMATION................................113

SUBCHAPTER VI. RULES OF PRACTICE GOVERNING HEARINGS UNDER THE AIR 

POLLUTION CONTROL ACT

5-601 SCOPE OF THIS SUBCHAPTER.......................................115

5-602 PARTIES........................................................115

5-603 PLEADINGS AND DOCUMENTS; FILING AND SERVICE THEREOF............115

5-604 PETITIONS FOR RULE-MAKING AND DECLARATORY RULINGS..............116

5-605 APPEARANCES....................................................117

5-606 PRE-HEARING CONFERENCES........................................117

5-607 SUBPOENAS......................................................118

5-608 HEARING SCHEDULES..............................................118

5-609 NOTICE AND TRANSCRIPT OF HEARINGS..............................118

5-610 CONDUCT OF HEARINGS............................................119

5-611 PROPOSED DECISION..............................................120

5-612 FINAL DECISION AND ORDER.......................................120

5-613 APPEALS........................................................120

SUBCHAPTER VII. MOTOR VEHICLE EMISSIONS

5-701 MAINTENANCE AND REMOVAL OF CONTROL DEVICES.....................121

5-702 EXCESSIVE SMOKE EMISSIONS FROM MOTOR VEHICLES..................121

5-703 INSPECTION OF CONTROL DEVICES..................................121

SUBCHAPTER VIII. REGISTRATION OF AIR CONTAMINANT SOURCES

5-801 DEFINITIONS....................................................122

5-802 REQUIREMENT OF REGISTRATION....................................122

5-803 REGISTRATION PROCEDURE.........................................122

5-804 FALSE OR MISLEADING INFORMATION................................123

5-805 COMMENCEMENT OR RECOMMENCEMENT OF OPERATION....................123

5-806 TRANSFER OF OPERATION..........................................124

5-807 FEES...........................................................124

5-808 DETERMINATION OF FEE...........................................124

SUBCHAPTER IX. CONTROL OF OZONE-DEPLETING CHEMICALS

5-901 DEFINITIONS....................................................125
VAPCR Adopted September 2011 [vi]

5-911 MOTOR VEHICLE AIR CONDITIONING.................................125

5-921 REGULATION OF OZONE-DEPLETING PRODUCTS.........................126

SUBCHAPTER X. OPERATING PERMITS

5-1001 PURPOSE AND AUTHORITY..........................................127

5-1002 DEFINITIONS....................................................127

5-1003 APPLICABILITY..................................................131

5-1004 DUTY TO APPLY..................................................131

5-1005 TIMELY APPLICATIONS............................................131

5-1006 COMPLETE APPLICATION...........................................132

5-1007 PUBLIC PARTICIPATION...........................................136

5-1008 SECRETARY'S POWERS AND DUTIES..................................138

5-1009 ACTION ON OPERATING PERMIT APPLICATIONS........................140

5-1010 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT).................141

5-1011 TERM OF OPERATING PERMIT.......................................141

5-1012 PERMIT EXPIRATION AND RENEWAL..................................141

5-1013 OPERATING PERMIT AMENDMENTS....................................142

5-1014 OPERATIONAL FLEXIBILITY........................................143

5-1015 PERMIT CONTENT.................................................143

5-1016 LIMITING ALLOWABLE EMISSIONS...................................146

SUBCHAPTER XI. LOW EMISSION VEHICLE PROGRAM

5-1101 DEFINITIONS....................................................148

5-1102 INCORPORATION BY REFERENCE.....................................150

5-1103 NEW VEHICLE EMISSION REQUIREMENTS..............................150

5-1104 WARRANTY.......................................................152

5-1105 RECALL.........................................................152

5-1106 MANUFACTURER FLEET REQUIREMENTS................................152

5-1107 MANUFACTURER REPORTING REQUIREMENTS............................153

5-1108 INSPECTIONS....................................................155

5-1109 SEVERABILITY...................................................155

APPENDICES AND TABLES

APPENDIX A RULES OF EVIDENCE, OFFICIAL NOTICE.............................157

APPENDIX B HAZARDOUS AIR CONTAMINANTS.....................................158

APPENDIX C HAZARDOUS AMBIENT AIR STANDARDS................................168
VAPCR Adopted September 2011 [vii]

APPENDIX D METHOD FOR THE DERIVATION OF HAZARDOUS AMBIENT AIR STANDARD....178

APPENDIX E METHOD FOR THE DERIVATION OF ACTION LEVELS.....................180

APPENDIX F ...............................................................181

TABLE 1 Industrial Process Weight Standards............................186

TABLE 2 Prevention of Significant Deterioration (PSD) Increments.......187

TABLE 3 Levels of Significant Impact...................................188

TABLE 4 Sections Added or Amended......................................189
VAPCR Adopted September 2011 [8]

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 

MEANING GIVEN THEM IN THE ACT

"Act" refers to the Air Pollution Control Act, 10 V.S.A. §551 et seq., as 

amended.

"Action Level" means a rate of emissions of a hazardous air contaminant as 

specified in Appendix C or as may be determined under Section 5-261(3) of 

these regulations. Action Levels are used to determine the applicability of 

Section 5-261 to stationary sources and shall be derived in accordance with 

the method prescribed in Appendix E of these regulations.

"Actual Emissions" means the rate of emissions, as of a particular date, 

which equals the average rate at which a source actually emitted the 

contaminant during the preceding two-year period. The Secretary may allow the 

use of a different time period upon a determination that it is more 

representative of normal source operation. For any source which has not begun 

normal operations on the particular date, actual emissions shall equal the 

allowable emissions of the source on that date.

"Adverse Impact on Visibility" means visibility impairment which, as 

determined on a case-by-case basis by the Air Pollution Control Officer, 

interferes with the management, protection, preservation or enjoyment of a 

person's visual experience when visiting any sensitive area or any Class I 

Federal area. Any such determination will take into account the geographic 

extent, intensity, duration, frequency and time of visibility impairment and 

how these factors correlate with (1) times of visitor use and (2) the 

frequency and timing of natural conditions that reduce visibility.

"Agency" means the Agency of Natural Resources.

"Air Contaminant" means dust, fumes, mist, smoke, other particulate matter, 

vapor, gas, odorous substances, or any combination thereof.

* NOTE: All terms defined within these regulations are printed in italics 

wherever they appear. Terms which are used in all subchapters of the 

regulations are defined in Section 5-101, while supplemental definitions 

intended for use with a specific section of the regulations are found 

within that section.
VAPCR Adopted September 2011 [9]

"Air Pollution" means the presence in the outdoor atmosphere of one or more 

air contaminants in such quantities, and duration as is or tends to be 

injurious to human health or welfare, animal or plant life, or property, or 

would unreasonably interfere with the enjoyment of life, or property. Such 

effects may result from direct exposure to air contaminants, from deposition 

of air contaminants to other environmental media, or from alterations caused 

by air contaminants to the physical or chemical properties of the atmosphere.

"Air Pollution Control Officer" means the person whose functional 

responsibility is to direct and coordinate the air pollution control 

activities and program for the State.

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

Environmental Protection Regulations.

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

emissions from stationary or motor vehicles contribute to air contaminant

concentrations in the ambient air. Such analysis shall include air quality 

modeling or other methods determined by the Secretary to be reliable.

"Allowable Emissions" means the emission rate calculated using the maximum 

rated capacity of the source and, if applicable, either:

(a) The applicable emission standard contained in these regulations, 

if any, or

(b) The emission rate or design, operational or equipment standard 

specified in any order or agreement issued under these 

regulations that is state and federally enforceable.

"Ambient Air" means that portion of the atmosphere, external to buildings, to 

which the general public has access.

"Ambient Air Quality Standards" means any standard which establishes the 

largest allowable concentration of a specific air contaminant in the ambient 

air space as specified in Subchapter III of these regulations.

"Applicant" means a person who seeks the approval of the Secretary, as 

required by Section 5-501, prior to the construction, installation or 

modification of a stationary source.

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

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

"Brake Horsepower" means the maximum continuous brake horsepower output 

rating for an engine as specified by the 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 
VAPCR Adopted September 2011 [10]

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.

"C.F.R." means the Code of Federal Regulations.

"Capture Efficiency" means the weight per unit time of VOC entering a capture 

system and delivered to a control device divided by the weight per unit time 

of total VOC generated by a source of VOC, expressed as a percentage.

"Capture System" means all equipment (including, but not limited to, hoods, 

ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and 

transports an air contaminant to a control device.

"Class I Federal Area" means any area identified in 40 C.F.R. 81, Subpart D.

"Coating" means a material applied onto or impregnated into a substrate for 

protective, decorative, or functional purposes. Such materials include, but 

are not limited to, paints, varnishes, sealants, adhesives, inks, maskants, 

and temporary protective coatings.

"Coating Unit" means a series of one or more coating applicators and any 

associated drying area and/or oven wherein a coating is applied dried and/or 

cured. A coating unit ends at the point where the coating is dried or cured, 

or prior to any subsequent application of a different coating. It is not 

necessary to have an oven or a flashoff area in order to be included in this 

definition.

"Combustion Contaminants" are air contaminants discharged into the atmosphere 

from the burning of any kind of material containing carbon in a free or 

combined state.

"Combustion Efficiency (C.E.)" means a measure of the completeness of 

combustion, determined by the measurement of the proportion by volume of 

carbon dioxide (CO2) and carbon monoxide (CO) in flue gas (on a dry basis) 

where;

100

( )

. .(%)

2

2 





CO CO

CO C E

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

equipment in a manner that represents normal operational procedures.

"Control Device" means equipment (such as an incinerator or carbon adsorber) 

used to reduce, by destruction or removal, the amount of air contaminants in 

an air stream prior to discharge to the ambient air.

"Crematory" means an incinerator used solely to reduce the volume and weight 

of human and animal remains, limited amounts of associated surgical wastes 

including but not limited to disposable sharps, gloves, gowns and dressings, 

and associated combustible waste containers which have been approved by the 

Air Pollution Control Officer.
VAPCR Adopted September 2011 [11]

“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 makes it necessary to pump water to minimize 

property damage. 

"Emission" means a release of air contaminants into the ambient air space.

"Emission Reduction Credit" or "ERC" means the certified quantity of an 

emission reduction from a source that may be stored or used as described in 

Section 5-502.

"EPA" means the Federal Environmental Protection Agency, the Administrator of 

the Environmental Protection Agency, or the Administrator's designee.

"Equivalent Method" means any method of sampling and/or analyzing for an air 

contaminant which has been demonstrated to the Air Pollution Control 

Officer's satisfaction to have a consistent and quantitatively known 

relationship to a reference method under specific conditions.

"Federal Land Manager" means the Secretary of the department with authority 

over a Class I Federal area or his or her representative.

"Federally Enforceable" means all limitations and conditions which are 

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

federal regulations, a state implementation plan, or construction or 

operating permits.

"Flashoff Area" means the space between the coating application area and the 

oven.

"Flue Gas" means air contaminants which enter the ambient air through a flue 

or stack.

"Forest Land Area" means at least 25 acres of land that is at least 10% 

stocked with trees of any size.

"Fossil Fuel" means coal, coke, distillate oil, residual oil, and natural 

gas.

"Fuel" means any form of combustible matter--solid, liquid or gas, including 

combustible refuse.

"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.
VAPCR Adopted September 2011 [12]

"Fuel Oil" means a liquid or liquefiable petroleum product either virgin or 

rerefined which is burned for the generation of heat or power and derived, 

whether in whole or in part, from crude oil.

"Fugitive Emissions" means air contaminant(s) emitted into the ambient air

from points other than a stack. For purposes of determining the applicability 

of Subchapter V and Subchapter X of the Air Pollution Control Regulations, 

"fugitive emissions" shall include only those emissions which are reasonably 

quantifiable.

"Fugitive Particulate Matter" means any particulate matter generated by a 

process operation which is emitted into the ambient air space from points 

other than a stack.

"Garbage" -- waste resulting from distribution, preparation and serving of 

food.

"Gaseous Matter" means any material that exists in the gaseous state at 

standard conditions.

"Gasoline" means any petroleum distillate having a Reid vapor pressure of 

four pounds per square inch (27.6 kilopascals) or greater.

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

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

provide fuel to the engine of that motor vehicle.

"Gasoline Tank Truck" means a delivery tank truck with a capacity of 4000 

gallons or greater used at bulk gasoline plants, bulk gasoline terminals or 

gasoline dispensing facilities that is loading or unloading gasoline.

"Greenhouse Gases" means carbon dioxide, methane, nitrous oxide, 

hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other 

chemical or physical substance emitted into the air that the Secretary may 

reasonably anticipate to cause or contribute to climate change.

"Hazardous Air Contaminant" means an air contaminant which in the judgment of 

the Secretary, taking into account its quantity, concentration or physical, 

chemical or infectious characteristics, causes, or contributes to, air 

pollution which may reasonably be anticipated to result in an increase in 

mortality or an increase in serious irreversible, or incapacitating 

reversible illness.

"Hazardous Air Pollutant (HAP)" means any air pollutant listed in or pursuant 

to Section 112(b) of the federal Clean Air Act.

"Hazardous Ambient Air Standard (HAAS)" means the highest acceptable 

concentration in the ambient air of a hazardous air contaminant as specified 

in Appendix C or as may be determined under Section 5-261(6) of these 

regulations. All HAAS's shall be derived in accordance with the methods 

prescribed in Appendix D of these regulations.

"Hazardous Most Stringent Emission Rate (HMSER)" means a rate of emissions, 

including a visible emissions standard, which the Secretary, on a case-by-
VAPCR Adopted September 2011 [13]

case basis, determines is achievable for a stationary source based on the 

lowest emission rate achieved in practice by such category of source. If a 

source demonstrates that due to economic impacts and costs, it cannot achieve 

the lowest emission rate achieved in practice by such source category, HMSER

shall be the lowest emission rate which the Secretary determines said source 

is capable of achieving, HMSER may be achieved through application of 

pollution control equipment, production processes or techniques, equipment 

design, work practices, chemical substitution, or innovative pollution 

control techniques. In no event shall application of HMSER permit 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 U.S.C. 7401 et seq.).

"Incinerator" means any structure or furnace in which combustion takes place, 

the primary purpose of which is the reduction in volume and weight of an 

unwanted material.

"Leak Free" means no more than 3 drops per minute of product is leaked.

"Loading 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.

"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 
VAPCR Adopted September 2011 [14]

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 (CO2e) basis, subject to regulation 

at that stationary source or modification.

"Material safety data sheet (MSDS)" means the documentation required for 

hazardous chemicals by the Occupational Safety and Health Administration 

(OSHA) Hazard Communication Standard (29 C.F.R. 1910) for a solvent, cleaning 

material, contact adhesive, coating, or other material that identifies select 

reportable hazardous ingredients of the material, safety and health 

considerations, and handling procedures.

"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 Incinerator" means any article, machine, equipment, 

contrivance, structure, or part of a structure used to dispose of combustible 

refuse by burning, consisting of three or more refractory lined combustion 

furnaces in series, physically separated by refractory walls interconnected 

by gas passage ports or ducts and employing adequate design parameters 

necessary for maximum combustion of the material to be burned.
VAPCR Adopted September 2011 [15]

“Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and 

hydrogen chloride)” means all acid gases emitted in the exhaust gases from 

MWC units including, but not limited to, sulfur dioxide and hydrogen chloride 

gases.

“Municipal Waste Combustor Metals (measured as particulate matter)” means 

metals and metal compounds emitted in the exhaust gases from MWC units.

“Municipal Waste Combustor Organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans)” means organic compounds 

emitted in the exhaust gases from MWC units and includes total tetra- through 

octa-chlorinated dibenzo-p-dioxins and dibenzofurans.

“Municipal Solid Waste Landfill Emissions (measured as nonmethane organic 

compounds)” means gas generated by the decomposition of organic waste 

deposited in an MSW landfill or derived from the evolution of organic

compounds in the waste.

"Natural Wood" -- for the purposes of these regulations, natural wood means 

trees, including logs, boles, trunks, branches, limbs, and stumps, lumber 

including timber, logs or slabs, especially when dressed for use. This 

definition shall also include pallets which are used for the shipment of 

various materials so long as such pallets are not chemically treated with any 

preservative, paint, or oil. This definition shall not extend to other wood 

products such as sawdust, plywood, particle board and press board.

"Nonattainment Area" means, for any air contaminant, an area which is shown 

by monitored data or which is calculated by air quality modeling (or other 

methods determined by the Secretary to be reliable) to exceed any applicable 

ambient air quality standard for such contaminant. "Attainment Area" means 

all other areas, except those areas for which there is not sufficient data to 

allow classification ("unclassified areas").

"Odor" means that property of gaseous, liquid, or solid materials that 

elicits a physiologic response by the human sense of smell.

"Opacity" means the degree to which emissions reduce the transmission of 

light and obscure the view of any object in the background.

"Open Burning" -- the burning of any type of combustible material in the open 

where the products of combustion are emitted directly into the ambient air

space without passing through a stack, chimney, or other enclosure. Burning 

shall include ignition, permitting or causing ignition and suffering, 

allowing or maintaining burning.

"Oven" means a chamber which is used to bake, cure, polymerize, and/or dry a 

coating.

"Overall Emission Reduction Efficiency" means the weight per unit time of VOC

removed or destroyed by a control device divided by the weight per unit time 

of VOC generated by a source, expressed as a percentage. The overall emission

reduction efficiency can also be calculated as the product of the capture 

efficiency and the control device destruction or removal efficiency.
VAPCR Adopted September 2011 [16]

"Owner/operator" means the owner(s), operator(s), lessor(s), lessee(s) and/or 

supervisor(s) of an air contaminant source and/or a person authorized to 

represent such person(s).

“Particulate Matter” means any airborne finely divided solid or liquid 

material with an aerodynamic diameter smaller than one-hundred (100)

micrometers.

“Particulate Matter Emissions” means all finely divided solid or liquid 

material, other than uncombined water, emitted to the ambient air as measured

by applicable reference methods, or an equivalent or alternative method, 

specified in 40 C.F.R. Chapter 1. Emissions shall include gaseous emissions 

from a source or activity which condense to form particulate matter at 

ambient temperatures.

“PM10” means particulate matter with an aerodynamic diameter less than or 

equal to a nominal ten (10) micrometers as measured by a reference method 

based on appendix J of 40 C.F.R. Part 50 and designated in accordance with 40 

C.F.R. Part 53, or by an equivalent method designated in accordance with 40 

C.F.R. Part 53.

“PM10 Emissions” means finely divided solid or liquid material, with an 

aerodynamic diameter less than or equal to a nominal ten (10) micrometers 

emitted to the ambient air as measured by an applicable reference method, or 

an equivalent or alternative method, specified in 40 C.F.R. Chapter 1. 

Emissions shall include gaseous emissions from a source or activity which 

condense to form particulate matter at ambient temperatures.

“PM2.5” means particulate matter with an aerodynamic diameter less than or 

equal to a nominal two-and-a-half (2.5) micrometers as measured by a 

reference method based on Appendix L of 40 C.F.R. Part 50 and designated in 

accordance with 40 C.F.R. Part 53, or by an equivalent method designated in 

accordance with 40 C.F.R. Part 53.

“PM2.5 direct emissions” means finely divided solid or liquid material, with 

an aerodynamic diameter less than or equal to a nominal two-and-a-half (2.5)

micrometers emitted to the ambient air as measured by an applicable reference 

method, or an equivalent or alternative method, specified in 40 C.F.R. 

Chapter 1. Emissions shall include gaseous emissions from a source or 

activity which condense to form particulate matter at ambient temperatures.

It does not include emissions of other gaseous precursors which may 

subsequently contribute to formation of secondary PM2.5 particles through 

chemical reactions.

"Party" means any person named or admitted as a party under the Act or 

Subchapter VI of these regulations, or properly seeking and entitled as of 

right to be admitted as a party thereunder.

"Pathological Waste" -- human and animal remains consisting of carcasses, 

organs and solid organic waste.
VAPCR Adopted September 2011 [17]

"Permanent", in reference to emission reductions, means that the emission

reduction is assured for the life of the corresponding emission increase. The 

permanence of the subject reduction shall be guaranteed through an 

enforceable permit limitation confirming the amount and duration of the 

decrease, or other enforceable mechanism (e.g., permanently dismantling and 

removing the emissions source, surrendering the permit, etc).

"Person" means an individual, partnership, corporation, association, 

unincorporated organization, trust or any other legal or commercial entity, 

including a joint venture or affiliated ownership. The word "person" also 

means any subdivision, agency, or instrumentality of the State of Vermont, of 

any other state, of the United States, or of any interstate body.

"Prevention of Significant Deterioration (PSD)" means the protection of the 

public health and welfare from any actual or potential adverse effect which 

in the Secretary's judgment may reasonably be anticipated to occur from air 

pollution which would deteriorate air quality in any portion of the State 

where existing air quality is better than the ambient air quality standards.

"Process Unit" refers to a unique and/or distinct part of the total process, 

where raw or partially processed materials undergo a chemical or physical 

change which generates air contaminants. Within any process unit when any 

material undergoes a series of operations which are capable of emitting 

particulate matter and which employ any combination of machines, equipment, 

or other devices used for processing the material either continuously or in 

batches, the total process weight for the series of operations shall be the 

weight of materials introduced to the series as a whole. Any material which 

is the product of any operation in the series shall not be counted as part of 

the process weight for any other operation in the series.

"Process Weight" means the total weight of all materials introduced into any 

process unit which may cause discharge into the ambient air space of 

particulate matter. Solid fuels charged will be considered as part of the 

process weight, but liquid and gaseous fuels and combustion air will not. 

"THE PROCESS WEIGHT PER HOUR" will be derived by dividing the total process 

weight by the number of hours in a complete operation from beginning of any 

given process to the completion thereof, excluding any time during which the 

equipment is idle.

"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.
VAPCR Adopted September 2011 [18]

"Reasonably Available Control Technology" means devices, systems, process 

modifications, or other apparatus or techniques designed to prevent or 

control emissions that are reasonably available, taking into account the

social, environmental and economic impact of such controls, and alternative 

means of emission control.

"Reciprocating Internal Combustion Engine" means any spark ignited or 

compression ignited engine in which power, produced by heat and/or pressure 

in the engine cylinder(s) through the burning of a mixture of air and fuel, 

is subsequently converted to mechanical work by means of one or more pistons.

"Reconstructed Source" means a source wherein the fixed capital cost of the 

new components exceeds 50 percent of the fixed capital cost of a comparable 

entirely new source. A reconstructed source will be treated as a new source 

for the purposes of these regulations.

"Refuse" -- garbage, rubbish, and mixed municipal wastes.

"Reid Vapor Pressure" means the absolute vapor pressure of a liquid or solid 

petroleum product at 100oF (37.8oC) in pounds per square inch (kilopascals).

"Rerefined Oil" means any waste oil which has been processed in such a manner 

as to make it substantially equivalent, in the judgment of the Air Pollution 

Control Officer, to virgin oil with regard to the emissions caused when it is 

used as a fuel.

"Respondent" means any adverse party in a case or enforcement action under 

these regulations.

"Ringelmann Chart" -- the chart published and described in U.S. Bureau of 

Mines Information Circular 8333 (May 1967) and on which are illustrated 

graduated shades of grey for use in estimating the light obscuring capacity 

of smoke.

"Rubbish" -- solids or liquids not considered to be highly flammable or 

explosive, such as, but not limited to, paper, rags, ashes, leaves, tree 

branches, yard trimmings, furniture, tin cans, glass, crockery, demolition 

wastes, junk automobiles, 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 
VAPCR Adopted September 2011 [19]

contaminants, a rate of emissions that would equal or exceed any of the 

following rates:

Air Contaminant Tons Per Year

Carbon monoxide 50

Nitrogen oxides 40

Sulfur dioxide 40

Particulate matter emissions 25

PM10 emissions 15

PM2.51

 PM2.5 direct emissions 10

 Sulfur dioxide 40

 Nitrogen oxides 40

Volatile organic compounds(VOC) 40

Lead 0.6

Fluorides 3

Sulfuric acid mist 7

Hydrogen sulfide (H2S) 10

Total reduced sulfur (including H2S) 10

Reduced sulfur compounds (including H2S) 10

Municipal waste combustor organics (measured

as total tetra-through octa- chlorinated

dibenzo-p-dioxins and

dibenzofurans)

3.5 × 10-6

Municipal waste combustor metals (measured

as particulate matter)

15

Municipal waste combustor acid gases

(measured as sulfur dioxide and hydrogen

chloride)

40

Municipal solid waste landfill emissions

(measured as nonmethane organic compounds) 50

Greenhouse gases 1. 2

1 For PM2.5, significant means either 10 tons per year or more of direct 

PM2.5 emissions, 40 tons per year or more of sulfur dioxide emissions or 40 

tons per year or more of nitrogen oxides emissions.

2For greenhouse gases, “significant” means a rate of emissions for total 

greenhouse gases, on a carbon dioxide equivalent (CO2e) basis, that (1) is 

subject to regulation at that source or modification, and (2) would equal 

or exceed the significance level established by EPA.
VAPCR Adopted September 2011 [20]

"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 20oC (68oF) and a pressure of 760 

mm (29.92 inches) of Hg.

"State Enforceable" means all limitations and conditions which are 

enforceable by the Agency by means of state regulations, construction or 

operating permits, administrative orders, assurances of discontinuance, court 

orders, or contracts.

"Stationary Reciprocating Internal Combustion Engine" means a reciprocating 

internal combustion engine that remains at a stationary source for more than 

twelve consecutive months or a shorter period of time for a reciprocating 

internal combustion engine located at a seasonal source. A reciprocating 

internal combustion engine located at a seasonal source is an engine that 

remains or will remain at a seasonal source during the full annual operating 

period of the seasonal source. A seasonal source is a stationary source that 

remains or will remain at a single location on a permanent basis (i.e., at 

least two years) and that operates at the location for three months or more 

each year.

"Stationary Source" means any structure(s), building(s), facility(ies), 

equipment, installation(s), or operation(s) (or combination thereof) which 

emits or may emit any air contaminant, which is located on one or more 

contiguous or adjacent properties and which is owned or operated by the same 

person (or persons under common control). The phrase "emits or may emit any 

air contaminant" as used in this definition applies to both fugitive 

emissions and stack emissions.

"Stationary Source Hazardous Air Impact Standard" means a concentration in 

the ambient air of a hazardous air contaminant attributable to the air 

quality impacts of a stationary source, in conjunction with the air quality 

impacts from other stationary sources as determined in accordance with the 

Agency's air quality impact evaluation guidelines (revised November 20, 

1992). Stationary source hazardous impact standards are specified in Appendix 

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 bottom of the tank. 

Bottom filling of gasoline tank trucks and storage tanks is included in this 

definition.

"Surplus", in reference to emission reductions, means emission reductions 

that are voluntarily created by a source and are not required by any state or 
VAPCR Adopted September 2011 [21]

federal laws or regulations or related permits, orders or agreements and are 

not relied upon for Agency planning purposes.

"Ton" means "short ton" or 2000 pounds.

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

the reference method specified in Title 40 C.F.R. Part 50, Appendix B.

"True Vapor Pressure" means the absolute pressure in pounds per square inch 

(kilopascals) of a pure vapor in equilibrium with its pure liquid or solid 

form at a given temperature.

“Used Oil” means any petroleum product that has been refined from crude oil 

(in whole or in part), or any synthetic oil, that has been used and 

unrefined, or is unfit for its intended use as a result of contamination by 

physical or chemical impurities. Used oil is a free-flowing liquid at 

standard temperature and pressure and has a flash point of greater than 100 

degrees (F). Used oil includes oils used as lubricants, heat transfer 

fluids, hydraulic fluids, and for other similar uses, but does not include 

materials derived from crude or synthetic oils that are fuels (e.g. gasoline, 

jet fuel and diesel fuel), cleaning agents or solvents (e.g. naptha or 

mineral spirits). These materials are subject to regulation under the 

Hazardous Waste Management Regulations Subchapters 1 through 7, as 

applicable.

"Vapor Balance System" means a combination of pipes or hoses which create a 

closed system between the vapor spaces of an unloading tank and a receiving 

tank such that vapors displaced from the receiving tank are transferred to 

the tank being unloaded.

"Vapor Collection System" means all piping, seals, hoses, connections, 

pressure vacuum vents and other equipment between the gasoline tank truck and 

the vapor processing unit and/or the storage tanks and vapor holder.

"Vapor Control System" means a system that limits or prevents release to the 

atmosphere of organic compounds in the vapors displaced from a tank during 

the transfer of gasoline.

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

volatile organic compound vapors and gases emitted during the operation of 

any transfer, storage or process equipment.

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

vapor-tight requirements can be determined by checking to ensure that the 

concentration at a potential leak source is not equal to or greater than 100 

percent of the lower explosive limit (LEL) when measured with a combustible 

gas detector, calibrated with propane, at a distance of 1 inch (2.54 cm) from 

the source.

"Vapor-Tight Gasoline Tank Truck" means a gasoline tank truck with a product 

delivery tank that sustains a pressure change of not more than 3.0 inches (75 

mm) of water within 5 minutes after it is pressurized to 18 inches (450 mm) 

of water; or when evacuated to 5.9 inches (150 mm) of water, the same tank 

will sustain a pressure change of not more than 3.0 inches (75 mm) of water 
VAPCR Adopted September 2011 [22]

within 5 minutes. This capacity shall be demonstrated by annual testing using 

the procedures specified in Method 27 of 40 C.F.R. Part 60, Appendix A.

"Visibility Impairment" means any humanly perceptible change in visual range, 

contrast, or coloration from that which would have existed under natural 

visibility conditions.

"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.

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

as, sawdust or other wood waste generated by wood processing operations.
VAPCR Adopted September 2011 [23]

SUBCHAPTER II. PROHIBITIONS

5-201 OPEN BURNING PROHIBITED

(1) No person shall engage in any open burning except in conformity with 

the provisions of Section 5-201, 5-202, and 5-203.

(2) No person shall cause, suffer, allow or permit the open burning of 

garbage, tires, rubber, plastic, waste oil, asphalt materials, 

materials containing asbestos, or pressure treated wood, except as may 

be allowed under subsections (3) and (7) of Section 5-202.

5-202 PERMISSIBLE OPEN BURNING

When not prohibited by local ordinances or officials having jurisdiction such 

as local, state or federal fire wardens or other fire prevention officials, 

the following types of burning are permissible, provided no public or private 

nuisance is created.

(1) Natural wood fires in conjunction with holiday and festive 

celebrations.

(2) Campfires, outdoor grills, and fireplaces for recreation or preparing 

of food.

(3) Burning of solid or liquid fuels or structures for the purpose of bona 

fide instruction and training of municipal, volunteer, and industrial 

firefighters in the methods of fighting fires when conducted under the 

direct control and supervision of qualified instructors. Said 

firefighters shall be residents of the State of Vermont or affiliated 

with the mutual aid systems within the State of Vermont. Notification 

by the fire training officer or the fire chief of the training exercise 

shall be made to the Air Pollution Control Officer on prescribed forms 

at least 14 days prior to the exercise.

(4) Burning in forest land areas of brush, tree cuttings and slash when the 

cuttings accrue from logging or site clearing operations.

(5) Burning for the purpose of weed abatement; disease, forest fire and 

pest prevention or control; and for the purpose of agricultural, 

forestry or wildlife habitat management.

(6) On-premise burning of leaves, brush, deadwood, or tree cuttings accrued 

from normal property maintenance by the owner, his or her agent, or 

lessee thereof.

(7) Open burning, as follows, if prior approval in writing is obtained from 

the Air Pollution Control Officer. Approvals granted under this 

subsection shall be subject to such reasonable conditions as are 

necessary to avoid a nuisance or to protect the health, safety or 

comfort of the public. The requirement for approval in writing may be 

waived by the Air Pollution Control Officer and oral approval may be 

granted instead when, in his or her judgment, the impacts of the 

burning will be insignificant.
VAPCR Adopted September 2011 [24]

(a) Burning in remote areas, of highly explosive or other dangerous, 

or unusual materials for which there is no other feasible method 

of disposal.

(b) Burning in remote areas of natural wood resulting from the 

construction or demolition of buildings and other structures 

originating from within the State.

(c) Fires to thwart a hazard which cannot properly be managed by any 

other means or that are necessary for the protection of public 

health.

(d) Burning of other combustible materials for which there is no 

other feasible method or disposal.

(8) Burning of natural wood in an area designated by the selectmen or city 

council, with the permission of the selectmen or city council of that 

municipality and the fire warden in that jurisdiction, and in 

conformance with the procedures outlined in Section 5-203 of these 

regulations.

5-203 PROCEDURES FOR LOCAL AUTHORITIES TO BURN NATURAL WOOD

The legislative branch of a municipality (selectmen or city council) may 

authorize the burning of natural wood and chemically untreated wood at a 

place within the municipality. The burning of such wood shall be conducted 

under the direction of and at such times as the fire warden for that 

municipality determines. If the selectmen or city council intends to exercise 

this option to burn natural wood, the selectmen or city council shall notify 

the Secretary of the location of the site to be utilized for the public 

disposal of natural wood by open burning. Prior to burning of any material at 

this site, the Secretary shall certify in writing that this site is the one 

place within the municipality that will be used for the open burning of 

natural wood.

5-204 OUTDOOR WOOD FIRED BOILERS

(a) Applicability.

(1) This section shall apply to any person who owns, operates, 

installs, allows the installation or operation of, purchases, 

distributes or sells, or manufactures any outdoor wood-fired 

boiler for use in Vermont, except as provided below. 

(2) Except for the requirements in subdivision (c)(3) of this 

section, this section shall not apply to any person who owns, 

operates, installs, allows the installation or operation of, 

purchases, distributes or sells, or manufactures:

(i) Any continuously fed outdoor wood-fired boiler that is 

specifically designed to burn pellet type fuels with 

metered fuel and air feed and controlled combustion 

engineering and that is distributed or sold for use in 

Vermont before March 31, 2010.
VAPCR Adopted September 2011 [25]

(ii) Any outdoor wood-fired boiler that is or has been owned by 

such person for his or her own personal use and is 

distributed or sold to another for his or her own personal 

use, provided that the installation requirements in 

subdivision (c)(2) of this section are met. For the 

purposes of this section, “personal use” means the use of 

an OWB by an individual solely for residential space or 

domestic water heating and not to service a commercial or 

institutional establishment. 

(b) Definitions. For the purposes of this section, the following 

definitions apply, in addition to those of Section 5-101 of this 

chapter.

“Biomass Fuel” means solid biological material derived from living, or 

recently living, vegetation, including natural wood or wood pellets 

made from natural wood.

“Distribute or Sell” means to distribute, sell, advertise for sale, 

offer for sale, hold for sale, ship, deliver for shipment, release for 

shipment, or receive and (having so received) deliver or offer to 

deliver. This term also includes conditional sales and long-term 

leases. 

“Manufacturer” means any person who constructs, markets as their own,

or imports into the United States an outdoor wood-fired boiler.

“Model” means all outdoor wood-fired boilers offered for distribution 

or sale by a single manufacturer that, in the judgment of the Air 

Pollution Control Officer, have the same heat output capacity and are 

similar in all other material respects.

“Outdoor Wood-Fired Boiler” (a.k.a., OWB, outdoor wood-fired hydronic 

heater or outdoor wood furnace) means a fuel burning device: (1) 

designed to burn primarily wood; (2) that the manufacturer specifies 

should or may be installed outdoors or in structures not normally 

occupied by humans, such as attached or detached garages or sheds; and, 

(3) which heats spaces or water by the distribution through pipes of a 

fluid heated in the device, typically water or a mixture of water and 

antifreeze. In addition, as used in subsection (c) of this section 

only, this term also means any wood-fired boiler that, after October 1, 

2009, is actually installed outdoors or in structures not normally 

occupied by humans, such as attached or detached garages or sheds, 

regardless of whether such use has been specified by the manufacturer.

“Phase I OWB” means an OWB that has been certified by the Air Pollution 

Control Officer as meeting the particulate matter emission limit 

specified in Section 5-204(e)(2)(i) of this chapter. 

“Phase II OWB” means an OWB that has been certified by the Air 

Pollution Control Officer as meeting the particulate matter emission 

limits specified in Section 5-204(e)(2)(ii) of this chapter. 
VAPCR Adopted September 2011 [26]

“Untreated Natural Wood” means natural wood that has not been treated 

with any preservative, herbicide, pesticide, adhesive, paint, stain, 

oil or other chemical or coating.

(c) Requirements for Purchasers, Installers, and Owners/Operators

(1) Requirements for Purchasers

(i) On or after October 1, 2009 to March 31, 2010, no person 

shall purchase any OWB unless it is a Phase I OWB or a 

Phase II OWB.

(ii) On or after March 31, 2010, no person shall purchase any 

OWB unless it is a Phase II OWB.

(2) Installation Requirements

(i) After October 1, 1997, no person shall install or allow the 

installation of any OWB that is not a Phase I OWB or a 

Phase II OWB unless the OWB: 

(A) Is located more than 200 feet from any residence that 

is neither served by the OWB nor owned by the owner 

or lessee of the OWB; and,

(B) Has a permanent stack extending higher than the peak 

of the roof of the structure(s) being served by the 

OWB, if any residence, which is not owned by the 

owner or lessee of such OWB, is located more than 200 

but less than 500 feet from the OWB.

(ii) No person shall install or allow the installation of any 

Phase I OWB unless it is located more than 200 feet from 

any residence that is neither served by the OWB nor owned 

by the owner or lessee of the OWB.

(iii) No person shall install or allow the installation of any 

Phase II OWB unless it is located more than 100 feet from 

any residence, school or health care facility that is 

neither served by the OWB nor owned by the owner or lessee

of the OWB. 

(iv) No person shall install or allow the installation of any 

OWB unless it complies with all applicable laws and 

regulations, including but not limited to local ordinances, 

and its operation does not create a public nuisance.

(3) Operation Requirements 

(i) No person shall cause, suffer, allow or permit the 

operation of any OWB unless it was installed in accordance 

with the applicable requirements of subdivision (c)(2) of 

this section.
VAPCR Adopted September 2011 [27]

(ii) Allowable fuels. No person shall cause, suffer, allow or 

permit the burning of any material in an OWB except for the 

following:

(A) Untreated natural wood, as defined herein;

(B) Wood pellets made from untreated natural wood;

(C) Home heating oil, natural gas or propane that 

complies with all applicable sulfur content limits 

and is used as a starter or supplemental fuel for 

dual-fired OWBs; or

(D) Other biomass fuels in Phase II OWBs certified for 

such fuels or in OWBs described in subdivision 

(a)(2)(i) of this section.

(iii) No person shall cause, suffer, allow or permit the 

operation of any OWB, except in conformance with the 

manufacturer’s operating and maintenance instructions. 

(iv) No person shall cause, suffer, allow or permit the 

operation of any OWB unless it complies with all applicable 

laws and regulations, including but not limited to local 

ordinances, and its operation does not create a public 

nuisance.

(d) Requirements for Sellers

(1) On or after October 1, 2009 to March 31, 2010, no person shall 

distribute or sell any OWB unless it is a Phase I OWB or a Phase 

II OWB.

(2) On or after March 31, 2010, no person shall distribute or sell

any OWB unless it is a Phase II OWB.

(3) Notice to Buyers.

(i) After October 1, 1997, no person shall distribute or sell

any OWB unless prior to any retail sales or lease 

agreement, the seller or dealer provides the prospective 

buyer or lessee with written notice stating that:

(A) Only allowable fuels, as specified in Section 5-

204(c)(3)(ii), may be burned in an OWB;

(B) Installation of the OWB is subject to the applicable 

stack height and/or distance requirements provided in 

Section 5-204(c)(2)(i)-(iii). [Each notice shall 

expressly disclose each such requirement];

(C) Use of an OWB that meets the applicable stack height 

and/or distance requirements provided in Section 5-

204(c)(2)(i)-(iii) is not appropriate in some areas 
VAPCR Adopted September 2011 [28]

due to terrain that could render the operation of an 

OWB to be a nuisance or a public health hazard; 

(D) All OWBs must be operated in conformance with the 

manufacturer’s operating and maintenance 

instructions.

(ii) The written notice shall be signed and dated by the 

prospective buyer or lessee to verify timely receipt of the 

notice prior to the sale or lease and shall contain the 

name, address and telephone number of both the seller or 

dealer and the prospective buyer or lessee, the location 

where the OWB will be installed, and the make and model of 

the OWB. Prior to making delivery of an OWB into the 

possession of any buyer or lessee, the seller or dealer 

shall mail or otherwise provide a copy of the signed notice 

to the:

Air Quality & Climate Division

Davis 2

One National Life Drive

Montpelier, Vermont 05620-3802

(e) Requirements for Manufacturers 

(1) Certification Requirement

(i) On or after October 1, 2009 to March 31, 2010, no person 

shall distribute or sell an OWB unless the Air Pollution 

Control Officer has issued a certification to the 

manufacturer that the OWB, or model it represents, is a 

Phase I or a Phase II OWB.

(ii) On or after March 31, 2010, no person shall distribute or 

sell an OWB unless the Air Pollution Control Officer has 

issued a certification to the manufacturer that the OWB, or 

model it represents, is a Phase II OWB.

(iii) A certification issued under this subsection shall be valid 

for five years from the date of issuance, unless revoked 

sooner by the Air Pollution Control Officer pursuant to 

subdivision (e)(3) of this section. 

(2) Certification Emission Limits. 

(i) To be certified as a Phase I OWB under subdivision (e)(1)

of this section, the OWB shall not emit, or cause or allow 

to be emitted, any gases that contain particulate matter in 

excess of 0.44 pounds per million BTUs of heat input, as 

determined in accordance with the test methods and 

procedures in this subsection.

(ii) To be certified as a Phase II OWB under subdivision (e)(1)

of this section, the OWB shall not emit, or cause or allow 
VAPCR Adopted September 2011 [29]

to be emitted, any gases that contain particulate matter in 

excess of 0.32 pounds per million BTUs of heat output, as 

determined in accordance with the test methods and 

procedures in this subsection. Separate tests shall be 

conducted for each biomass fuel type (e.g. wood, corn 

pellets, etc.) that the manufacturer’s owner’s manual or 

sales/marketing information indicates the model is capable 

of burning. In addition, within each of the burn rate 

categories established in USEPA test method 28 OWHH (when 

this method is used), no individual test run shall exceed 

18 grams per hour for OWBs with a rated heat output 

capacity of less than 350,000 BTUs per hour and 20 grams 

per hour for OWBs with a rated heat output capacity of 

350,000 BTU per hour or more.

(3) Certification Testing Requirements

(i) To demonstrate that an OWB complies with the applicable 

emission limit(s) under subdivision (e)(2) of this section, 

the manufacturer shall have emission test(s) conducted and 

furnish the Air Pollution Control Officer with a written 

report of the test results, including a detailed 

description of the operating conditions of the OWB during 

the tests. Said written report shall contain such 

documentation and other information and follow such format 

as may be specified by the Air Pollution Control Officer. 

Before submitting any such test report to the Air Pollution 

Control Officer, the manufacturer shall have it reviewed 

and approved by USEPA’s Hydronic Heater Program, USEPA’s 

Environmental Technology Verification Program, or any other 

agent authorized by the Air Pollution Control Officer for 

this purpose.

(ii) In the discretion of the Air Pollution Control Officer, a 

manufacturer may have emission tests conducted on an OWB 

that is representative of one of its models and may use 

those tests to demonstrate compliance of all units it 

manufactures of that model.

(iii) Emission tests shall be conducted by independent testing 

consultants who have no conflict of interest and receive no 

financial benefit from the outcome of the testing. 

Manufacturers shall not be involved in the conduct of 

emission tests, nor in the operation of the unit being 

tested, once actual sampling has begun.

(iv) Emission tests shall be conducted and data reduced in 

accordance with:

(A) USEPA Test Method 28 OWHH for Measurement of 

Particulate Emissions and Heating Efficiency of 

Outdoor Wood-Fired Hydronic Heating Appliances 

(“USEPA Test Method 28 OWHH”);
VAPCR Adopted September 2011 [30]

(B) 40 C.F.R. Part 60, Appendix A, Test Methods 1 through 

5, and 40 C.F.R. Part 51, Appendix M, Test Method 

202; or

(C) Alternative methods approved by the Air Pollution 

Control Officer.

(v) If there is any deviation from the test methods specified 

in paragraph (e)(3)(iv) of this section, the manufacturer

shall provide the Air Pollution Control Officer with a test 

protocol at least 30 days prior to the certification 

testing. In this event, the testing will not be considered 

valid without prior approval of the test protocol by the 

Air Pollution Control Officer.

(vi) Emission tests shall be conducted under such conditions as 

the Air Pollution Control Officer shall specify. Testing 

conducted using USEPA Test Method 28 OWHH or similar 

laboratory methods shall be performed only by laboratories 

that hold a valid certificate of accreditation granted by 

the USEPA pursuant to 40 C.F.R. §60.535. The conditions 

during testing conducted using EPA Methods 1 through 5 and 

202 shall be based on representative performance of the OWB

under actual field operating conditions. 

(vii) The manufacturer shall provide the Air Pollution Control 

Officer with at least 30 days prior notice of any emission 

test to afford the Air Pollution Control Officer the 

opportunity to have an observer present. The manufacturer

of any OWB(s) being tested to meet the requirements of this 

subsection shall reimburse the state of Vermont for the 

reasonable expenses incurred by any such observer for outof-state travel to observe such testing, including among 

other items the costs of transportation, lodging and meals.

(viii)Each manufacturer that has been issued a certification 

under subdivision (e)(1) of this section shall maintain all 

documentation pertaining to the certification test, 

including the full test report and raw data sheets, 

laboratory technician notes, field technician notes, if 

any, calculations and the test results for all test runs 

for a period of no less than five years from the date the 

certification is issued. 

(4) Certification Revocation. A certification of an OWB, or model, 

may be revoked by the Air Pollution Control Officer based on any 

of the following: 

(i) The OWB does not meet the applicable emission limit in 

subdivision (e)(2) of this section based on test data from 

a retesting of the original unit on which the certification 

test was conducted;

(ii) A finding that the certification test was not valid;
VAPCR Adopted September 2011 [31]

(iii) Physical examination showing that a significant percentage 

of production units inspected are not similar in all 

material respects to the representative OWB submitted for 

testing;

(iv) Failure of the manufacturer to maintain all documentation 

pertaining to the certification test, including the full 

test report and raw data sheets, laboratory technician 

notes, field technician notes, if any, calculations and the 

test results for all test runs;

(v) Denial or revocation of emissions certification or 

qualification for an OWB, or model, by another state or the 

USEPA based on any of the grounds in paragraphs (e)(4)(i)-

(iv) of this section; or

(vi) A finding based on any other evidence that an OWB, or 

model, does not comply with the requirements of this 

subsection.

(5) Notification by Manufacturers

(i) By March 1st of each year and within 30 days of receiving a 

certification for an OWB from the Air Pollution Control 

Officer, each OWB manufacturer shall provide the following 

information in writing to any person to whom the 

manufacturer has distributed or sold, intends to distribute 

or sell, or actually distributes or sells OWBs for use in 

Vermont:

(A) A list of all the models of OWBs it manufactures; 

(B) An identification of which, if any, of said OWB

models has been issued a certification under 

subsection (e) of this section and thus may be 

distributed or sold for use in Vermont; and 

(C) An identification of which, if any, of said OWB 

models are Phase I OWBs that may not be distributed 

or sold for use in Vermont on or after March 31, 

2010. 

(ii) By March 15th of each year and within 45 days of receiving a 

certification for an OWB from the Air Pollution Control 

Officer, a copy of all written information provided to 

comply with subdivision (e)(5)(i) of this section and a 

list of persons to whom it was provided and their addresses 

shall be submitted to the Air Pollution Control Officer.

(f) Enforcement. With respect to 10 V.S.A. Chapters 201 and 211 and 10 

V.S.A. §568, each distribution or sale, purchase, installation, or 

operation of each OWB in violation of any of the requirements of this 

section shall constitute a separate violation. 
VAPCR Adopted September 2011 [32]

5-205 [REPEALED] Repealed eff. October 1, 2009.

5-211 PROHIBITION OF VISIBLE AIR CONTAMINANTS

(1) Installations constructed prior to April 30, 1970

No person shall cause, suffer, allow or permit the emission of any 

visible air contaminant from installations constructed prior to April 

30, 1970, for more than a period or periods aggregating six (6) minutes 

in any hour, which has a shade, or density, greater than 40% opacity

(No. 2 on the Ringelmann Chart).

At no time shall the visible air contaminants have a shade, density, or 

appearance greater than 60% opacity (No. 3 of the Ringelmann Chart).

(2) Installations constructed subsequent to April 30, 1970

No person shall cause, suffer, allow or permit the emission of any 

visible air contaminant from installations constructed subsequent to 

April 30, 1970, for more than a period or periods aggregating six (6) 

minutes in any hour, which has a shade, or density, greater than 20% 

opacity (No. 1 of the Ringelmann Chart).

At no time shall the visible air contaminants have a shade, density, or 

appearance greater than 60% opacity (No. 3 of the Ringelmann Chart).

(3) Exceptions - Wood Fuel Burning Equipment

(a) During normal startup operations, emissions of visible air 

contaminants in excess of the limits specified in subsections (1) 

and (2) above may be allowed for a period not to exceed one (1) 

hour.

(b) During normal soot blowing operations, emissions of visible air 

contaminants in excess of the limits specified in subsections (1) 

and (2) above may be allowed for a period not to exceed 30 

minutes during any 24 hour period.

(c) At no time shall the visible air contaminants allowed under this 

subsection have a shade, density, or appearance greater than 80% 

opacity (No. 4 of the Ringelmann Chart).

(d) Any wood fuel burning equipment that has a rated output of 40 

H.P. or less shall not be subject to this regulation (Section 5-

211).

5-221 PROHIBITION OF POTENTIALLY POLLUTING MATERIALS IN FUEL

(1) Sulfur Limitations in Fuel
VAPCR Adopted September 2011 [33]

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

use in stationary combustion installations within the State of 

Vermont for heat or power generation of: 

(i) Fuels containing more than 2.0% sulfur by weight, except as 

otherwise provided below;

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

oil fuel oils with a sulfur content greater than 0.05% by 

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

2018; 

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

oil fuel oils with a sulfur content greater than 0.0015% 

by weight, beginning on July 1, 2018; 

(iv) No. 4 residual oil with a sulfur content greater than 0.25% 

by weight, beginning on July 1, 2018; and 

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

used oils with a sulfur content greater than 0.5% by 

weight, beginning on July 1, 2018

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

section, fuel stored in Vermont that met the applicable maximum 

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

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

after the effective date of the applicable limit in subsection 

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

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

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

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

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

hereof. Emissions testing and/or continuous emissions monitoring, 

coupled with the filing of quarterly emission reports with the 

Air Pollution Control Officer, shall be required to demonstrate 

that the sulfur compounds emitted have been adequately reduced.

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

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

section if the Governor determines, after consulting with the 

Secretary and commissioner of public service, that meeting the 

requirements is not feasible due to an inadequate supply of the 

required fuel. 

(e) Contravention of National Primary or Secondary Ambient Air 

Quality Standards. If there is a contravention of national 

primary or secondary ambient air quality standards promulgated 

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

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

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

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

periods as is necessary to assure continued compliance with the 

national ambient air quality standards.
VAPCR Adopted September 2011 [34]

(f) Recordkeeping and Reporting

(i) Any person who imports or receives for wholesale 

distribution residual oil in the State of Vermont shall 

submit to the Air Pollution Control Officer quarterly 

reports for each calendar quarter within 30 days after the 

close of each quarter itemizing the quantity, sulfur 

content, ash content and heat content for each shipment of 

such fuel. It is the responsibility of the person importing 

or receiving such residual oil to maintain a record of the 

certified fuel analyses upon which the quarterly reports 

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

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

the certified fuel analyses provided by the supplier.

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

regulation shall be available during normal business hours 

and shall be provided to the Air Pollution Control Officer

upon request.

(2) Used Oil

(a) Effective July 1, 1997, the burning of used oil in small fuel 

burning equipment described as “pot burners” or “vaporizing”

burners shall be prohibited, as shall the retail sale of these 

burners.

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

exchange in trade for use as a fuel in fuel burning equipment in 

Vermont of any used oil unless:

(i) The used oil has constituents and properties within the 

allowable limits set forth in Table A of this section prior 

to blending except as provided in subsection (e) below. 

The Air Pollution Control Officer may prohibit the 

combustion of used oils containing constituents or 

properties not listed in Table A of this section if he/she

determines that combustion of such used oil may present an 

unreasonable risk to public health or welfare; 

(ii) The seller or user performs all sampling and analysis 

required under this section; 

(iii) The combustion efficiency of the equipment is demonstrated 

to the Air Pollution Control Officer to be at least 99 

percent while burning used oil; 

(iv) The emissions of visible air contaminants from the 

equipment comply with Section 5-211(2) of these 

regulations; 
VAPCR Adopted September 2011 [35]

(v) All fuel burning equipment must vent to the outside 

atmosphere in a manner as not to significantly impede the 

upward dispersion of the exhaust as determined by the Air 

Pollution Control Officer; and

(vi) The seller and user manages used oil in accordance with the 

applicable requirements of Subchapter 8 of the Vermont 

Hazardous Waste Management Regulations.

TABLE A: USED OIL CONSTITUENTS AND PROPERTIES

(Prior to Blending)

Constituent/Property Allowable1

Arsenic 5 ppm maximum

Cadmium 2 ppm maximum

Chromium 10 ppm maximum

Lead 100 ppm maximum

Flash Point Must be 100 degrees F or 

more

Total Halogens 1000 ppm maximum

Polychlorinated Biphenyls (PCBs) < 2 ppm maximum

Net Heat of Combustion 8000 BTU/lb minimum

1Note: units of parts per million (ppm) are by weight on a 

water free basis.

(d) Permitting requirements

(i) No person may construct or modify any fuel burning 

equipment with a maximum operating heat input rate greater 

than 500,000 BTU's per hour in which used oil is to be 

burned if used oil is to be burned in amounts of 5,000 

gallons per year facility wide or more until all 

requirements of this section have been met and a permit has 

been issued in accordance with Section 5-501 of these 

regulations. 

(ii) Any person who constructs or modifies such fuel burning 

equipment with a maximum operating heat input rate of 

greater than 500,000 BTU’s per hour in which used oil is to 

be burned and at a facility in which used oil is to be 
VAPCR Adopted September 2011 [36]

burned in amounts less than 5,000 gallons per year facility 

wide shall provide written notice to the Air Pollution 

Control Officer of such activity prior to the date of 

initial burning of used oils. Such notice shall include:

the type of fuel burning equipment that will be used to 

combust the used oil, the maximum rated heat input capacity 

of such fuel burning equipment, the anticipated quantity of 

used oil to be burned in each device at the facility each 

year, the type(s) and source(s) of used oil(s) to be 

burned, the results of analyses representative of the used 

oil(s) to be burned that includes all constituents and 

properties listed in Table A of this section, and a 

statement that the person will comply with the requirements 

of this section.

(e) Exceptions to used oil constituent and property limitations

An owner or operator of fuel burning equipment may be exempted by 

the Air Pollution Control Officer from the used oil constituent 

and property limitations in Table A of this section if such owner 

or operator:

(i) Demonstrates compliance with Section 5-261 (Control of 

Hazardous Air Contaminants) of these regulations;

(ii) Submits results of analyses representative of the used

oil(s) to be burned that includes all constituents and 

properties listed in Table A of this section; and 

(iii) Demonstrates that the emissions resulting from the burning 

of used oil will not cause or contribute to a violation of 

any ambient air quality standard or of any prevention of 

significant deterioration increment and will not impact on 

any Class I area.

(f) Exemptions from Section 5-261 (Control of Hazardous Air 

Contaminants)

Notwithstanding Section 5-261(1) of these regulations, any person 

burning used oil in compliance with Table A and this section in 

fuel burning equipment equal to or less than 500,000 BTU’s per 

hour or in fuel burning equipment greater than 500,000 BTU’s per 

hour but in amounts less than 5,000 gallons per year facility 

wide shall not be subject to Section 5-261 (Control of Hazardous 

Air Contaminants) of these regulations.

(c) Sampling, analysis, monitoring and records

The Air Pollution Control Officer may require the owner and/or 

operator of fuel burning equipment burning used oil to:

(i) Conduct sampling and analyses representative of the 

used oil(s) to be burned that includes all 

constituents and properties listed in Table A of this 
VAPCR Adopted September 2011 [37]

section. Sampling and analyses of used oil shall be 

performed in accordance with methods acceptable to 

the Air Pollution Control Officer;

(ii) Perform stack monitoring and testing while burning 

used oil;

(iii) Maintain a separate storage tank for any used oils to 

be burned; and

(iv) Maintain records of the quantities of used oil burned

including used oil generated on-site and used oil

received from off-site, dates of receipt of such used 

oil, and the names and addresses of all used oil

suppliers for three calendar years. Such records 

shall always be required and maintained for three 

calendar years if any used oil is burned in any fuel 

burning equipment at the facility with a maximum 

operating heat input rate greater than 500,000 BTU's 

per hour. 

5-231 PROHIBITION OF PARTICULATE MATTER

(1) Industrial Process Emissions

(a) No person shall discharge, cause, suffer, allow, or permit in any 

one hour from any stack whatsoever particulate matter in excess 

of the amount shown in Table 1. For purposes of this regulation 

the total process weight entering a process unit shall be used to 

determine the maximum allowable emissions of particulate matter

which may pass through the stack associated with the process 

unit. When two or more process units exhaust through a common 

stack, the combined process weight of all of the process units, 

served by the common stack, shall be used to determine the 

allowable particulate matter emission rate.

(b) In cases where process weight is not applicable as determined by 

the Air Pollution Control Officer, the concentration of 

particulate matter in the effluent gas stream shall not exceed 

0.14 grams per cubic meter (0.06 grains per cubic foot) of 

undiluted exhaust gas at standard conditions on a dry basis. In 

the case of wood processing operations, process weight is not 

applicable, and instead, the concentration standard specified in 

this subsection shall apply.

(2) Incinerator Emissions

(a) A person shall not discharge, cause, suffer, allow, or permit the 

emission of particulate matter from any incinerator with a 

designed charging rate of less than 45.36 metric tons (50 tons)

per day and which is not a crematory, to exceed 0.05 kilograms 

(0.10 pounds) per 43.36 kilograms (100 pounds) of refuse burnt. 

All incinerators built and installed after July 1, 1971, shall be 

multiple chamber incinerators or equipment found by the Air 
VAPCR Adopted September 2011 [38]

Pollution Control Officer, in advance of such use, to be equally 

effective for the purpose of air pollution control as an approved 

multiple chamber incinerator. The responsibility for showing that 

the equipment other than a multiple chamber incinerator is in 

compliance with the emission limits of this subsection shall be 

on the person seeking to come within the provisions of this 

subsection.

(b) Any incinerators with a designed charging rate of 45.36 metric 

tons (50 tons) per day or more shall be operated in such a manner 

that emissions of particulate matter shall not exceed 0.183 grams 

per dry standard cubic meter (0.08 grains per dry standard cubic 

foot) corrected to 12 percent carbon dioxide.

(c) A person shall not discharge, cause, suffer, permit, or allow to 

be emitted from any crematory any gases that contain particulate 

matter in excess of 0.14 grams per dry standard cubic meter (0.06 

grains per dry standard cubic foot), corrected to 7 percent 

oxygen. The owner or operator of a crematory installed after June 

1, 1995 shall ensure that the last combustion chamber or zone of 

the crematory is preheated to a temperature of at least 1,600 

degrees Fahrenheit prior to introduction of the charge. All 

sampling runs conducted as a part of emission tests intended to 

demonstrate compliance with the emission limit specified in this 

subsection shall begin when waste material is first introduced 

into the crematory.

(d) Any incinerator which is designed or operated primarily for the 

purpose of producing heat or power may be designated as fuel 

burning equipment by the Air Pollution Control Officer. An 

incinerator so designated shall be subject to the emission

limitations set forth in subsection(3)(a) of this section, 

concerning combustion contaminants.

(3) Combustion Contaminants

(a) A person shall not discharge, cause, suffer, allow or permit the 

emission of particulate matter caused by the combustion of fossil 

fuel in fuel burning equipment from any stack or chimney in 

excess of the following emission limits:

(i) 0.5 pounds per hour per million BTU's of heat input in 

combustion installations where the heat input is 10 million 

BTU's or less per hour.

(ii) For combustion installations where the heat input is 

greater than 10 million BTU's per hour, but where the heat 

input is equal to or less than 250 million BTU's per hour, 

the applicable limit is determined by using the following 

formula:

[ 0.47039 (log ) 0.16936]   1 0 



HI EPM 10

where:
VAPCR Adopted September 2011 [39]

EPM - is the particulate matter emission limit, expressed 

to the nearest hundredth pound per hour per million 

BTU's; and

HI - is the heat input in millions of BTU's per hour.

(iii) 0.1 pounds per hour per million BTU's of heat input in 

installations where the heat input is greater than 250 

million BTU's per hour, but where the heat input is equal 

to or less than 1000 million BTU's per hour.

(iv) 0.06 pounds per hour per million BTU's of heat input in 

installations where the heat input is greater than 1000 

million BTU's per hour.

(b) A person shall not discharge, cause, suffer, allow, or permit the 

emission of particulate matter caused by the combustion of wood

fuel in fuel burning equipment from any stack or chimney:

(i) In excess of 0.45 grains per dry standard cubic foot 

(gr/DSCF) of exhaust gas corrected to 12% CO2 in any 

combustion installation that has a rated output of greater 

than 90 H.P. which commenced operation prior to December 5, 

1977.

(ii) In excess of 0.20 gr/DSCF corrected to 12% CO2 in any 

combustion installation that has a rated output of greater 

than 90 H.P., but less than 1300 H.P., which commences 

operation after December 5, 1977.

(iii) In excess of 0.10 gr/DSCF corrected to 12% CO2 in any 

combustion installation that has a rated output of 1300 

H.P. or greater which commences operation after December 5, 

1977.

Any wood fuel burning equipment that has a rated output of 90 

H.P. or less shall not be subject to these particulate matter

emission standards. 

When any fossil fuel is burned in combination with wood fuel, and 

the fossil fuel contributes less than 50% of the total BTU input, 

the above particulate matter standards shall apply. If the fossil 

fuel contributes more than 50% of the total BTU input, subsection 

(3)(a) of this regulation shall apply.

When a soot blowing cycle exceeds 15 minutes, separate emissions

testing for particulate matter emissions during the soot blowing 

cycle may be required in addition to emissions testing during 

normal operating conditions pursuant to Regulation 5-404 below. 

In this event, the emission rate calculated for the soot blowing 

cycle shall be prorated over the time period between soot blowing 

cycles.
VAPCR Adopted September 2011 [40]

(c) The emission standards in this regulation apply to installations 

in which fuel is burned for the primary purpose of producing 

steam, hot water, hot air or other liquids, gases, or solids, and 

in the course of doing so, the products of combustion do not come 

into direct contact with the process material. Fuel includes 

coal, coke, lignite, fuel oil, wood, and combustible refuse. When 

any product or byproducts of a manufacturing process are burned

for said purpose, or in conjunction with any fuel, the emission

standards above shall apply.

(4) Fugitive Particulate Matter

A person shall not cause, suffer, allow, or permit any process 

operation to operate that is not equipped with a fugitive particulate 

matter control system. A person shall not cause, suffer, allow, or 

permit any materials to be handled, transported, or stored; or a 

building, its appurtenances, or a road to be used, constructed, 

altered, repaired or demolished without taking reasonable precautions 

to prevent particulate matter from becoming airborne. Public roads will 

not be subject to this section unless a public nuisance is created.

(5) Asphalt Concrete Plants

A person shall not discharge or cause, suffer, allow or permit the 

emission of particulate matter in excess of 90 milligrams per dry 

standard cubic meter (0.04 grains per dry standard cubic foot) from an 

asphalt concrete plant constructed after April 30, 1971.

For the purposes of this subsection, an asphalt concrete plant is 

comprised of any combination of the following: rotary drier, screening 

and classifying equipment, aggregate weighing system, mixer, storage 

bins, conveying equipment, and transfer systems.

5-241 PROHIBITION OF NUISANCE AND ODOR

(1) Nuisance

A person shall not discharge, cause, suffer, allow, or permit from any 

source whatsoever such quantities of air contaminants or other material 

which will cause injury, detriment, nuisance or annoyance to any 

considerable number of people or to the public or which endangers the 

comfort, repose, health or safety of any such persons or the public or 

which causes or has a natural tendency to cause injury or damage to 

business or property.

(2) Odors

A person shall not discharge, cause, suffer, allow, or permit any 

emissions of objectionable odors beyond the property line of a 

premises.

(3) Control of Odor from Industrial Processes

(a) No person shall operate or use any device, machine, equipment or 

other contrivance for an industrial process which as determined 
VAPCR Adopted September 2011 [41]

by the Air Pollution Control Officer is an odoriferous process 

per se, unless all gases, vapors, and gas-entrained effluents 

from such facility are incinerated at a temperature of 871 

degrees C (1600 degrees F) for a period of not less than fivetenths (0.5) second, or processed in such manner as determined by 

the Air Pollution Control Officer to be equally or more effective 

for the purpose of air pollution control.

(b) Effective devices and measures shall be installed and operated in 

a manner such that no vent, exhaust pipe, blowoff pipe or opening 

of any kind shall discharge into the open air or atmosphere any 

odorous matter, air contaminants, dusts or any combination 

thereof which create odors or other nuisances.

(c) Odor-producing materials shall be confined and handled in a 

manner such that odors produced within or outside the plant from 

such materials are controlled. Accumulation of odor-producing 

materials resulting from spillage or other means is prohibited.

(d) Odor-bearing air contaminants arising from materials in process 

shall be confined at the point of origin so as to prevent 

liberation of odorous matter into the workroom and the confined 

air contaminants shall be treated before discharge to the 

atmosphere, as required in subsection (3)(a).

(e) Whenever air contaminants escape from a building or buildings 

used for processing, handling or storage of materials used in the 

industrial processes specified in subsection (3)(a) in such 

manner and amount as to cause a nuisance or to violate these 

regulations, the Air Pollution Control Officer shall order that 

said building or buildings be tightly closed and ventilated in 

such a way that all air contaminants are treated by incinerator

or other means effective for their removal or destruction before 

discharge to the open air.

5-251 CONTROL OF NITROGEN OXIDES EMISSIONS

(1) No person shall discharge, or cause, allow or permit emissions of 

oxides of nitrogen, expressed as NOx, from any steam generating fuel 

burning equipment with a heat input capacity of 250 million BTU's per 

hour or more in excess of:

(a) 0.36 grams per million calories heat input (0.20 pounds per 

million BTU) derived from gaseous fossil fuel.

(b) 0.54 grams per million calories heat input (0.30 pounds per 

million BTU) derived from liquid fossil fuel.

(c) 1.26 grams per million calories heat input (0.70 pounds per 

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

fossil fuel containing 25 percent by weight, or more of coal 

refuse).

(2) Reasonably available control technology for large stationary sources.
VAPCR Adopted September 2011 [42]

(a) 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 commencement of 

operation.

(b) Any source that becomes or is currently subject to the provisions 

of this subsection by exceeding the applicability threshold in 

paragraph (2)(a) of this subsection shall remain subject to these 

provisions even if its emissions later fall below the 

applicability threshold.

(c) Exemptions. Any NOx emission unit required to meet the most

stringent emission rate (MSER) in a construction permit 

containing specific emission limits is exempt from the 

requirements of Section 5-251(2).

5-252 CONTROL OF SULFUR DIOXIDE EMISSIONS

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

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

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

(a) 1.4 grams per million calories heat input (0.80 pounds per 

million BTU) derived from liquid fossil fuel.

(b) 2.2 grams per million calories heat input (1.2 pounds per million 

BTU) derived from solid fossil fuel.

5-253 CONTROL OF VOLATILE ORGANIC COMPOUNDS

5-253.1 Petroleum Liquid Storage in Fixed Roof Tanks

(a) Applicability. This subsection shall apply to any above ground fixed 

roof storage tank with a capacity greater than 40,000 gallons (151,417 

liters) used to store petroleum liquid having a true vapor pressure

equal to or greater than 1.52 pounds per square inch (10.5 

kilopascals).

(b) Standards.

(1) The owner or operator of a fixed roof tank subject to this 

subsection shall equip the tank with an internal floating roof 

equipped with a closure seal or seals to close the space between 

the roof edge and tank wall.

(2) The owner or operator of a fixed roof tank subject to this 

subsection shall ensure that:

(i) The tank is maintained so that there are no visible holes, 

tears or other openings in the seal or any seal fabric or 

materials; and
VAPCR Adopted September 2011 [43]

(ii) All openings, except stub drains, are equipped with covers, 

lids or seals so that:

(A) The cover, lid or seal is in the closed position at 

all times except when in actual use;

(B) Automatic bleeder vents are closed at all times 

except when the roof is being floated off or being 

landed on the roof leg supports; and

(C) Rim vents, if provided, are set to open only when the 

roof is being floated off the roof leg supports or at 

the manufacturer's recommended setting.

(c) Inspection requirements. The owner or operator of a fixed roof tank 

subject to this subsection shall perform the following inspections:

(1) For tanks with a single seal system:

(i) Visually inspect the internal floating roof and its closure 

seal or seals through roof hatches at least once every 12 

months; and

(ii) Perform a complete inspection of any cover and single seal 

whenever the tank is emptied for reasons other than routine 

operations or at least every 10 years, whichever is more 

frequent.

(2) For tanks equipped with a double seal system:

(i) Visually inspect the internal floating roof and its closure 

seal or seals through the roof hatches at least once every 

5 years; and

(ii) Perform a complete inspection of any cover and double seal 

whenever the tank is emptied for reasons other than routine 

operations or at least every 5 years, whichever is more 

frequent; or

(iii) An alternative means of inspection and compliance 

monitoring of equal or greater effectiveness as the 

inspection requirement of paragraph (c)(2)(ii), that is 

approved by the Secretary. 

(d) Record keeping. The owner or operator of a petroleum liquid storage 

tank with a fixed roof subject to this subsection shall maintain the 

following records in a readily accessible location for a minimum of 

three years and shall make copies of the records available to the Air 

Pollution Control Officer upon request:

(1) Records of the types of volatile petroleum liquids stored in that 

tank;

(2) Records of the maximum true vapor pressure as stored; and
VAPCR Adopted September 2011 [44]

(3) Records of the results of inspections required in paragraph (c) 

of this subsection. 

(e) Compliance. Fixed roof tanks subject to this subsection shall be in 

compliance on or before the effective date of this rule.

5-253.2 Bulk Gasoline Terminals

(a) Applicability. This subsection shall apply to all loading racks that 

deliver liquid products into gasoline tank trucks at a bulk gasoline 

terminal. Once a facility is subject to this subsection, it shall 

remain so, even if the throughput falls below the applicability 

threshold.

(b) Standards.

(1) All of the loading racks at a bulk gasoline terminal subject to 

this subsection shall be equipped with a vapor collection system

designed to collect the organic compound liquids or vapors 

displaced from gasoline tank trucks during product loading.

(2) Each vapor collection system shall be designed to prevent any 

volatile organic compound vapors collected at one loading rack

from passing to another loading rack.

(3) The owner or operator of a bulk gasoline terminal shall load 

gasoline into vapor-tight gasoline tank trucks only, using the 

following procedures:

(i) Obtain the vapor-tightness documentation for each gasoline 

tank truck prior to loading the tank truck at a loading 

rack subject to this subsection;

(ii) Record the tank identification number of each gasoline tank 

truck as it is loaded at the terminal;

(iii) Cross-check each tank identification number obtained with 

the tank vapor-tightness documentation on file at the bulk 

gasoline terminal within 2 weeks after the corresponding 

tank is loaded;

(iv) Notify the owner or operator of each previously loaded 

gasoline tank truck that is not vapor-tight within 3 weeks 

after the loading has occurred; and

(v) Assure that any non-vapor-tight gasoline tank truck will 

not be reloaded at a loading rack until vapor-tightness 

documentation for that tank truck is obtained.

(4) The terminal owner or operator shall ensure that the loading of 

gasoline tank trucks at the loading rack is limited to tank 

trucks equipped with vapor collection equipment that is 

compatible with the vapor collection system at the terminal.
VAPCR Adopted September 2011 [45]

(5) The terminal owner or operator shall ensure that the vapor 

collection system of the terminal and the tank truck are 

connected during each loading of a gasoline tank truck at the 

loading rack.

(6) The vapor collection and liquid loading equipment shall be 

designed and operated to prevent gauge pressure in the gasoline 

tank truck from exceeding 450 mm of water during product loading.

(7) No pressure-vacuum vent in the bulk gasoline terminal's vapor 

collection system shall begin to open at pressure less than 450 

mm of water.

(8) The total amount of organic compounds emitted to the atmosphere 

released from the vapor collection system during the loading of 

gasoline tank trucks shall not exceed 4.7 grains per gallon (80 

mg/L) of gasoline loaded.

(9) Loading of gasoline tank trucks at bulk terminals shall be by 

submerged fill only.

(c) Inspection requirements. The terminal owner or operator shall inspect 

the vapor collection system, the vapor control system and each loading 

rack every calendar month for liquid and vapor leaks during transfer 

operations. Detection methods using sight, sound or smell are 

acceptable. Each leak detected shall be recorded and the source of the 

leak repaired within 15 calendar days after it is detected.

(d) Test methods. Compliance with this subsection shall be determined using 

the test procedures set forth by the Air Pollution Control Officer.

(e) Record keeping.

(1) The owner or operator of a bulk gasoline terminal shall maintain 

records for a minimum of three years on the following:

(i) Tank truck tightness documentation shall be kept on file at 

the terminal in a permanent form available for inspection. 

The documentation file for each gasoline tank truck shall 

be updated at least once per year to record current test 

results as determined by test method 27. 

(ii) Documentation shall include, but is not limited to, the 

following:

(A) Test title: Gasoline Delivery Truck Pressure Test--

EPA Reference Method 27;

(B) Tank owner name and address;

(C) Tank identification number;

(D) Testing location;

(E) Date of test;
VAPCR Adopted September 2011 [46]

(F) Tester's name and signature;

(G) Name, signature and affiliation of any witnessing 

inspector; and

(H) Test results: actual pressure change in 5 min., 

recorded in mm of water (average for two runs).

(2) The owner or operator of the bulk gasoline terminal shall keep a 

record of monthly leak inspections on file at the terminal. 

Inspection records shall include, but are not limited to, the 

following information:

(i) Date of inspection;

(ii) Description of leaks found during inspection, if any;

(iii) Leak determination method used;

(iv) Corrective action taken including date leak repaired; and

(v) Inspector's name and signature.

(3) The owner or operator of a bulk gasoline terminal shall maintain 

records of daily throughput.

(4) All records required under this subsection shall be made 

available for inspection during normal business hours and copies 

shall be provided to the Air Pollution Control Officer upon 

request.

(f) Compliance. A bulk gasoline terminal subject to this subsection shall 

be in compliance on or before the effective date of this rule.

5-253.3 Bulk Gasoline Plants

(a) Applicability.

(1) This subsection shall apply to any bulk gasoline plant with an 

average daily throughput of 3,000 gallons or greater calculated 

on a calendar month basis. Once a bulk gasoline plant is subject 

to this subsection, it shall remain so, even if its throughput 

later falls below the applicability threshold. Any bulk gasoline

plant with a throughput which is below the threshold shall comply 

with the requirements of paragraphs (b)(3)(vii), (viii), (ix) and 

(d)(1)(i) only. 

(2) This subsection shall also apply to any bulk gasoline plant, 

regardless of its gasoline throughput, for which construction or 

reconstruction is commenced after January 1, 2001.

(b) Standards.
VAPCR Adopted September 2011 [47]

(1) The owner or operator of a bulk gasoline plant shall equip each 

gasoline storage tank with a submerged fill pipe and shall equip 

the bulk gasoline plant with a vapor balance system between the 

gasoline storage tank and the incoming gasoline tank truck. The 

lines shall be equipped with fittings that are vapor-tight and 

that automatically and immediately close upon disconnection.

(2) The owner or operator of a bulk gasoline plant shall equip the 

plant’s loading rack(s) for submerged fill and shall equip the 

bulk gasoline plant with a vapor balance system between the 

gasoline storage tank and the outgoing gasoline tank truck. The 

vapor balance system shall be designed to prevent any vapors 

collected at one loading rack from passing to another loading 

rack. The lines shall be equipped with fittings that are vaportight and that automatically and immediately close upon 

disconnection.

(3) The owner or operator of a bulk gasoline plant required to 

maintain and operate a vapor balance system under this subsection 

shall ensure that the following procedures are complied with 

during gasoline loading and unloading operations and in the 

storage of gasoline:

(i) The vapor balance system shall be connected between the 

gasoline tank truck and the storage tank during all 

transfer operations and the connection shall be vaportight;

(ii) All storage tank openings, including inspection hatches and 

gauging and sampling devices, shall be vapor-tight when not 

in use;

(iii) The gasoline tank truck compartment hatch covers shall 

remain closed during the transfer of gasoline;

(iv) The vapor balance system shall be designed and operated at 

all times to prevent gauge pressure in the gasoline tank 

truck from exceeding 18 inches (450 millimeters [mm]) of 

water and vacuum from exceeding 5.9 inches (150 mm) of 

water during product transfer;

(v) No pressure vacuum relief valve in the bulk gasoline plant

vapor balance system shall begin to open at a system 

pressure of less than 18 inches (450 mm) of water or at a 

vacuum of less than 5.9 inches (150 mm) of water;

(vi) All product transfers shall be limited to vapor-tight 

gasoline tank trucks or account trucks [for definition of 

account truck see Section 5-253.5(b)];

(vii) The filling of storage tanks shall be accomplished by 

submerged fill only;
VAPCR Adopted September 2011 [48]

(viii)The loading of outgoing gasoline tank trucks and account 

trucks [for definition of account truck see Section 5-

253.5(b)] shall be accomplished by submerged fill only; and

(ix) The owner or operator of the gasoline bulk plant or the 

gasoline tank truck shall observe the entire transfer 

operation and shall discontinue transfer if any liquid or 

vapor leaks are observed.

(c) Inspection and monitoring requirements.

(1) The bulk gasoline plant owner or operator shall inspect the vapor 

balance system and each loading rack every calendar month for 

liquid and vapor leaks during gasoline transfer operations. 

Detection methods using sight, sound, or smell are acceptable. 

Each leak detected shall be recorded and the source of the leak 

repaired within 15 calendar days after it is detected.

(2) A pressure measurement device (liquid manometer, magnehelic 

gauge, or equivalent instrument) capable of measuring 20 in. of 

water gauge pressure within a + 0.5 inches of water precision, 

shall be calibrated and installed on the bulk gasoline plant 

vapor balance system at a pressure tap, located as close as 

possible to the connection with the gasoline tank truck, to allow 

determination of compliance with paragraph (b)(3)(iv).

(d) Record keeping.

(1) The owner or operator of a bulk gasoline plant which is subject 

to this subsection shall maintain the following records for a 

minimum of three years: 

(i) Daily records showing the quantity of all gasoline

transferred into gasoline tank trucks and account trucks

[for definition of account truck see Section 5-253.5(b)].

(ii) A record of each monthly leak inspection shall be kept on 

file at the plant. The inspection records shall include but 

are not limited to:

(A) The date of inspection;

(B) Findings, including a description of leaks found, if 

any;

(C) Leak determination method;

(D) Corrective action taken, including the date each leak 

was repaired; and

(E) The inspector's name and signature.

(2) All records required under this subsection shall be made 

available for inspection during normal business hours and copies 
VAPCR Adopted September 2011 [49]

shall be provided to the Air Pollution Control Officer upon 

request.

(e) Compliance. All bulk gasoline plants subject to this subsection shall 

comply with this subsection by July 1, 1994 or by the commencement of 

plant operation, whichever occurs later.

5-253.4 Gasoline Tank Trucks

(a) Applicability. This subsection shall apply to all gasoline tank trucks.

(b) Standards. 

(1) The owner or operator of a gasoline tank truck shall ensure that 

the gasoline tank truck:

(i) Is tested and certified as a vapor-tight gasoline tank 

truck; and

(ii) Displays a sticker consistent with the Department of 

Transportation regulations regarding certification of cargo 

tanks that shows the date that the gasoline tank truck last 

passed the certification test required in paragraph 

(b)(1)(i).

(2) Is maintained with hatches closed at all times except during the 

measurement of product level or maintenance, which shall not be 

performed during product loading.

(3) Is connected to the vapor balance equipment during the loading 

and unloading of gasoline.

(c) Testing.

(1) The Air Pollution Control Officer may, at any time, monitor a 

gasoline tank truck to confirm continuing compliance with this 

subsection using standard United States Environmental Protection 

Agency procedures to confirm the continuing existence of vaportight conditions.

(2) The owner or operator of a gasoline tank truck that fails to meet 

any of the certification standards shall repair and retest the 

gasoline tank truck within 15 days of the test failure. No owner 

or operator of any gasoline tank truck may use or permit or 

authorize the use of any gasoline tank truck which fails to meet 

all of the requirements of this subsection after retesting.

(d) Record keeping.

(1) The owner or operator of a gasoline tank truck subject to this 

subsection shall maintain records of all certification, testing 

and repairs. The records shall include, at a minimum, the 

following:
VAPCR Adopted September 2011 [50]

(i) The gasoline tank truck identification number, which shall 

include the manufacturer's serial number, vehicle 

identification number or the owner's identification number; 

and

(ii) The date and location of the most recent pressure-vacuum 

test, and, if failed, the date and location of the retest 

shall also be recorded.

(2) Test records shall contain the following:

(i) At the top of each page of the report, the name, title and 

telephone number of the person who conducted the test, the 

name of the company where the person is employed; and

(ii) A copy of the test record showing the following:

(A) The tank pressure at the start of the pressure test 

and the time of the reading;

(B) The tank pressure at the end of the pressure test and 

the time of the reading;

(C) The tank pressure at the start of the vacuum test and 

the time of the reading;

(D) The tank pressure at the end of the vacuum test and 

the time of the reading; and

(E) A list of all repairs which were made to the tank 

truck to pass all applicable requirements of the test 

method.

(3) Copies of the records shall be retained by the owner or operator 

of the gasoline tank truck for a minimum of three years after the 

date on which the test was conducted. These records shall be 

available for inspection during normal business hours and copies 

shall be provided to the Air Pollution Control Officer upon 

request.

(e) Reporting.

(1) The owner or operator of a gasoline tank truck subject to this 

subsection shall certify to the Air Pollution Control Officer on 

an annual basis that it is a vapor-tight gasoline tank truck. The 

certification shall include:

(i) The name address and telephone number of the company and 

the name and telephone number of the company representative 

whose signature appears on the certification; and

(ii) A copy of the information recorded to comply with paragraph 

(d) of this subsection.
VAPCR Adopted September 2011 [51]

(f) Reciprocity. The requirements for testing and marking gasoline tank 

trucks subject to this subsection will be satisfied if, in the judgment

of the Secretary, the vehicle undergoes equivalent certification in 

another state.

(g) Compliance. Gasoline tank trucks subject to this subsection shall be in 

compliance on or before the effective date of this rule.

5-253.5 Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities

(a) Applicability.

(1) This subsection shall apply to all gasoline dispensing facilities

and the appurtenant equipment necessary to a gasoline dispensing 

facility.

(2) The following gasoline dispensing facilities are exempt from the 

provisions of this subsection except that submerged fill shall be 

used to fill gasoline storage tanks:

(i) Gasoline dispensing facilities which receive deliveries 

from account trucks only; and

(ii) The owner or operator of a gasoline storage tank with a 

capacity of less than 550 gallons that is used specifically 

for the fueling of implements of husbandry. 

(b) Definitions. For the purpose of this subsection, the following 

definitions apply, in addition to those of Section 5-101 of this 

chapter:

"Account truck" means a delivery truck with a capacity of less than 

4,000 gallons which delivers gasoline to businesses, retail outlets and 

farms.

"Stage I vapor recovery system" means a system in which gasoline vapors 

are forced from the storage tank into a vapor-tight gasoline tank truck

or vapor collection and control system through direct displacement by 

the gasoline loaded into the storage tank.

(c) Standards.

(1) The owner or operator of a gasoline dispensing facility which 

receives deliveries of gasoline into gasoline storage tanks from 

a gasoline tank truck shall install, operate and maintain a Stage 

I vapor recovery system and the filling of tanks shall be by 

submerged fill only.

(2) During the transfer of gasoline from the gasoline tank truck to 

the storage tank, the owner or operator of a gasoline tank truck 

delivering gasoline to a gasoline dispensing facility subject to 

this subsection shall ensure that:

(i) All hoses in the vapor balance system are properly 

connected;
VAPCR Adopted September 2011 [52]

(ii) All vapor lines on the gasoline storage tank are equipped 

with closures that seal upon disconnect;

(iii) All vapor return hoses, couplers and adapters used in the 

gasoline delivery are vapor-tight;

(iv) All vapor return equipment on the gasoline tank truck is 

compatible with the Stage I vapor recovery system installed 

on the gasoline storage tank;

(v) All hatches on the gasoline tank truck are closed and 

securely fastened; and

(vi) The filling of gasoline storage tanks at gasoline 

dispensing facilities is limited to unloading by vaportight gasoline tank trucks. Documentation that the gasoline

tank truck is a vapor tight gasoline tank truck shall be 

carried on the tank truck. This documentation shall include 

test results of the pressure and vacuum tests.

(d) Inspection requirements. Owners or operators of gasoline dispensing 

facilities subject to this subsection shall inspect the Stage I vapor 

recovery system for visible liquid leaks, and repair and replace any 

worn or ineffective component or element immediately to ensure the 

vapor-tight integrity and efficiency of the Stage I vapor recovery 

system.

(e) Record keeping. The owners or operators of gasoline dispensing 

facilities subject to this subsection shall keep written monthly 

records showing the quantity of all gasoline delivered to the site for 

a minimum of three years. These records shall be available during 

normal business hours and copies shall be provided to the Air Pollution 

Control Officer upon request.

(f) Compliance schedule.

(1) Gasoline dispensing facilities with an annual throughput of 

500,000 gallons or greater shall comply with this subsection on 

or before January 1, 1994;

(2) Gasoline dispensing facilities with an annual throughput of less 

than 500,000 but of 120,000 gallons or greater, shall comply with 

this subsection on or before May 31, 1995; and

(3) Gasoline dispensing facilities with an annual throughput of less 

than 120,000 gallons shall comply with this subsection by January 

1, 1997.

5-253.6 Volatility of Gasoline

(a) No person shall sell or supply as fuel at or from bulk gasoline 

terminals and bulk gasoline plants a gasoline having a Reid vapor 

pressure greater than 9.0 pounds per square inch during the period May 

1 through September 15 of each year, beginning in 1989.
VAPCR Adopted September 2011 [53]

(b) The owner or operator of any bulk gasoline plant or bulk gasoline 

terminal from which gasoline is distributed shall maintain records of 

the Reid vapor pressure of any gasoline that is delivered to or 

distributed from the facility for at least two calendar years.

(c) Any person who sells or supplies gasoline to retailers, other 

merchants, and/or industrial, institutional or commercial users shall 

clearly designate the maximum Reid vapor pressure of the gasoline and 

the time period in which it is intended to be dispensed.

(d) Sampling and analysis of gasoline Reid vapor pressure shall be 

conducted in accordance with ASTM Method D270 and ASTM Method D323, 

respectively, or any equivalent method approved by the Air Pollution 

Control Officer.

(e) The Secretary, either upon his or her own initiative or upon 

application by any person affected by this rule, may grant a temporary 

exemption from the requirements of Section 5-253.6(a), if he or she 

finds that quantities of gasoline sufficient to meet the demand in the 

state of Vermont cannot be manufactured or distributed in time to meet 

all the requirements of Section 5-253.6 or that supply problems would 

work an undue hardship on any retail outlet.

(i) An exemption under this subsection shall be granted for a 

specified time period, not to exceed one year. An exemption may 

be renewed, if appropriate.

(ii) The Secretary may impose an interim volatility standard and/or 

restrictions on the quantity of gasoline permitted to be supplied 

as conditions of any exemption granted pursuant to this 

subsection.

5-253.7 Stage II Vapor Recovery Controls at Gasoline Dispensing Facilities

(a) Applicability.

(1) This subsection shall apply to any gasoline dispensing facility

with an annual gasoline throughput of 400,000 gallons or more in 

the 1994 calendar year, or any year thereafter.

(2) Any gasoline dispensing facility is exempt from this subsection 

if:

(i) The average of its annual gasoline throughput for the 

calendar years 1994, 1995, 1996 and 1997 is less than 

380,000 gallons per year; and,

(ii) Its annual gasoline throughput for any calendar year later 

than 1997 does not exceed 400,000 gallons.

(3) Gasoline dispensing facilities that receive deliveries solely 

from account trucks are exempt from this subsection.
VAPCR Adopted September 2011 [54]

(4) Once a facility is subject to this subsection, it shall remain 

so, even if the throughput falls below the applicability 

threshold.

(b) Definitions. For the purpose of this subsection, the following 

definitions apply:

Approved Stage II vapor recovery system means a system designed to 

recover, when properly used, a minimum of 95 percent by weight of the 

gasoline vapors displaced or drawn from a vehicle fuel tank during 

refueling and remove the vapors to a vapor tight holding system or 

vapor collection and control system. An approved Stage II vapor 

recovery system shall also:

(1) be a type certified in an Executive Order issued by the 

California Air Resources Board (CARB), or a type specifically 

approved by the Air Pollution Control Officer; and

(2) not contain any components (e.g. remote vapor check valves in a 

balance system) that would significantly impede the performance 

of the functional tests required in paragraph (e).

Executive Order means a certification document issued by the California 

Air Resources Board approving a Stage II system for use.

Vapor recovery piping means piping intended to transfer gasoline vapor 

from the dispenser island to a vapor tight holding system or vapor 

collection and control system for the purpose of accommodating Stage II 

vapor recovery.

(c) Prohibitions.

(1) No owner or operator of a gasoline dispensing facility, shall 

transfer, permit the transfer, or provide equipment for the 

transfer of gasoline from a stationary storage tank at a gasoline 

dispensing facility into a motor vehicle fuel tank after the 

compliance date for that facility pursuant to paragraph (g)(2), 

if any, unless an approved Stage II vapor recovery system has 

been installed and is properly used during the transfer. 

(2) No owner or operator of a gasoline dispensing facility shall:

(i) repair, modify or permit the repair or modification of an 

approved Stage II vapor recovery system or its components 

in such a manner that they are different from their 

approved configuration, except as approved in advance by 

the Air Pollution Control Officer, or 

(ii) alter or otherwise render inoperative any component of an 

approved Stage II vapor recovery control system in a manner 

that would impair the operation or effectiveness of the 

system.

(d) Standards.
VAPCR Adopted September 2011 [55]

(1) The owner or operator of a gasoline dispensing facility shall 

provide adequate training and instruction to all operators and 

employees of the gasoline dispensing facility in the proper 

operation and maintenance of the approved Stage II vapor recovery 

system installed at the gasoline dispensing facility prior to 

initial operation of the system.

(2) The owner or operator shall maintain all approved Stage II vapor 

recovery systems and gasoline dispensing equipment to be vapor 

tight and leak-free as determined by functional testing as 

described in paragraph (e) or visual observation.

(3) The owner or operator of a gasoline dispensing facility shall 

maintain all approved Stage II vapor recovery systems in good 

working order, at all times, in accordance with the 

manufacturer's specifications and such that they are free from 

any of the following defects: 

(i) Absence or disconnection of any component required to be 

used in the approved Stage II vapor recovery system.

(ii) A vapor recovery hose that is crimped or flattened such 

that the vapor passage is blocked.

(iii) A nozzle boot that is torn in one or both of the following 

ways:

(A) A triangular-shaped or similar tear more than 2 inch 

on a side, or a hole more than 2 inch in diameter.

(B) A slit one inch or more in length. 

(iv) A faceplate vapor escape guard or equivalent device that is 

damaged in the following manner:

(A) For balance nozzles, such damage that the capability 

to achieve a seal with a fill pipe is affected for 

1/4 of the circumference of the faceplate 

(accumulated).

(B) For nozzles for vacuum assist-type systems damage to 

the vapor escape guard or equivalent device 

sufficient to render it defective as specified in the 

relevant Executive Order.

(v) A nozzle with a malfunctioning shutoff mechanism.

(vi) Vapor return lines, including such components as swivels, 

anti-recirculation valves, and underground piping, that 

malfunction or are blocked. 

(vii) A vapor processing unit that is inoperative.

(viii)A vacuum producing device that is inoperative.
VAPCR Adopted September 2011 [56]

(ix) Pressure/vacuum relief valves, vapor check valves or dry 

breaks that are inoperative. 

(x) Any equipment defect identified by an Agency representative 

as substantially impairing the effectiveness of the system 

in reducing refueling vapor emissions.

(4) The owner or operator of a gasoline dispensing facility shall 

ensure that weekly equipment inspections are conducted. The 

weekly inspections shall include all of the following: 

(i) A visual inspection of refueling of motor vehicles to 

ensure that each flow shut-off mechanism is working 

properly;

(ii) A visual inspection of all boots, hoses, and faceplates for 

tears or rips;

(iii) A visual inspection of all above-ground dispensing 

equipment for any gasoline leaks; and

(iv) A visual inspection of all gasoline and vapor recovery 

hoses for tightness and bends which may impede vapor 

recovery.

(5) Upon identification of any of the defects described in 

subparagraph (d)(3), the owner or operator shall immediately tag 

"Out of Order" any dispensing equipment for which vapor recovery 

has been impaired and prohibit the use of the system or 

components until the component is repaired, replaced or adjusted, 

as necessary; and is in good working order.

(6) Any component of the system identified as defective that is not 

listed in subparagraph (d)(3), may remain in operation but shall 

be repaired or replaced within 15 days after such identification.

(7) In the case of defects described in subparagraph (d)(3) and 

identified by an Agency representative, the owner or operator 

shall not return the defective equipment to service until the 

defect is corrected, and an Agency representative has reinspected 

the equipment or has authorized its use.

(8) By May 15 of each year, the owner or operator of a gasoline 

dispensing facility shall perform one of the following actions:

(i) Conduct a functional test or tests of the approved Stage II 

vapor recovery system, using the methods prescribed by the 

Air Pollution Control Officer and in accordance with the 

procedures in paragraph (e) of this subsection and perform 

any necessary maintenance and retest until the system 

passes all tests; or

(ii) Perform the following maintenance on the approved Stage II 

vapor recovery system:
VAPCR Adopted September 2011 [57]

(A) Replace all Stage I vapor adaptors (dry breaks or 

poppet valves) in the system;

(B) Inspect the following components for vapor leakage 

and tighten, if necessary: fill caps, fill adaptors, 

in-tank monitor caps, spill bucket drain valves and 

other components identified by the Air Pollution 

Control Officer; and, 

(C) Replace any damaged or defective component that is 

impairing the effectiveness of the system in reducing 

refueling vapor emissions. 

(9) The owner or operator of a gasoline dispensing facility shall 

post operating instructions for the proper dispensing of gasoline

using the approved Stage II vapor recovery system in a 

conspicuous place; visible to, and of a print size easily read by 

the user of each nozzle. The instructions shall include the 

following:

(i) A clear description of the proper procedure to dispense 

gasoline using the system; and

(ii) A warning not to attempt to continue refueling after the 

automatic shutoff has engaged; and

(iii) A telephone number to be used to report to the Air 

Pollution Control Officer any problems experienced with the 

system.

(e) Testing.

(1) Initial testing.

(i) Initial compliance testing shall be conducted to verify 

proper installation and function of the entire approved 

Stage II vapor recovery system (both underground piping and 

aboveground equipment). The owner or operator shall perform 

all tests and follow all test procedures required by the 

CARB Executive Order, or other tests or procedures approved 

by the Air Pollution Control Officer, for the system 

installed.

(ii) The owner or operator of a gasoline dispensing facility

shall notify the Air Pollution Control Officer at least 5 

days in advance as to when the testing will occur and what 

party will conduct the testing.

(iii) The owner or operator shall ensure the system passes this 

testing within 30 days of the applicable compliance date 

listed in paragraph (g) of this subsection. A copy of the 

test results shall be submitted to the Air Pollution 

Control Officer within 30 days of completion of the 

testing. 
VAPCR Adopted September 2011 [58]

(2) The owner or operator shall re-test the function of an approved 

Stage II vapor recovery system at least every 5 years or upon 

major system replacement or modification, whichever occurs first. 

This re-testing shall include all tests and procedures required 

for the initial system certification. Some or all of the 

functional tests shall also be performed upon the request of the 

Air Pollution Control Officer. Results of any testing shall be 

submitted to the Air Pollution Control Officer within 30 days of 

completion of the testing. A major system modification is 

considered to be the occurrence of any of the following: 

(i) The repair or replacement of any gasoline storage tank that 

is equipped with an approved Stage II vapor recovery 

system;

(ii) The repair or replacement of any part of an underground 

piping system attached to a gasoline storage tank equipped 

with an approved Stage II vapor recovery system, excluding 

repairs that occur without excavation; or

(iii) The replacement of an approved Stage II vapor recovery 

system of one certified configuration with an approved 

Stage II vapor recovery system of a different certified 

configuration.

(3) The Air Pollution Control Officer may conduct testing of any

approved Stage II vapor recovery system at any reasonable time to 

determine compliance with this subsection.

(f) Reporting and Record Keeping. 

(1) Within 10 days of the applicable compliance date listed in 

paragraph (g), the owner or operator shall verify compliance with 

this subsection by completing and submitting to the Air Pollution 

Control Officer a compliance form, as provided by the Air 

Pollution Control Officer.

(2) The owner or operator of a gasoline dispensing facility subject 

to this subsection, shall maintain written records of weekly 

inspections and the maintenance, repair and/or replacement of the

approved Stage II vapor recovery system or components. Such 

records shall contain a description and the duration of any 

failures of the system and components with the specific dates of 

repairs and/or replacement and the associated costs. Each record 

shall be maintained at the facility for a minimum of three years. 

These records shall be made available for inspection during 

normal business hours and copies shall be provided to the Air 

Pollution Control Officer upon request.

(3) By June 15 of each year, in order to document compliance with 

subparagraph (d)(8) of this subsection, the owner or operator of 

a gasoline dispensing facility shall submit to the Air Pollution 

Control Officer an annual maintenance certification, on a form 

provided by the Air Pollution Control Officer, or the appropriate 

test report or reports.
VAPCR Adopted September 2011 [59]

(g) Compliance. 

(1) Any gasoline dispensing facility with an annual throughput of 

400,000 gallons of gasoline, or greater, shall comply with the 

requirements of this subsection according to the following 

schedule.

(i) By December 31, 1997 for a gasoline dispensing facility

with an annual throughput of 1,200,000 gallons of gasoline

or greater in calendar year 1994 or later; or 

(ii) By December 31, 1998 for any gasoline dispensing facility

with an annual throughput of 1,000,000 gallons of gasoline

or greater in calendar year 1994 or later; or 

(iii) By December 31, 1999 for any gasoline dispensing facility

with an annual throughput of 700,000 gallons of gasoline or 

greater in calendar year 1994 or later; or 

(iv) By December 31, 2000 for any other gasoline dispensing 

facility that is subject to this subsection.

(2) Any gasoline dispensing facility constructed after December 31, 

2000, shall be in compliance with this subsection by the end of 

the first calendar year during which the annual gasoline

throughput of the facility exceeds 400,000 gallons.

(3) Except for facilities constructed after December 31, 2000, any 

gasoline dispensing facility that is initially exempt from the 

requirements of this subsection and later becomes subject to this 

subsection due to an increase in gasoline throughput shall comply 

with the requirements of this subsection by the end of the first 

calendar year following the year in which annual gasoline

throughput exceeds 400,000 gallons.

(4) Any gasoline dispensing facility which, in the judgment of the 

Secretary, is in compliance with this subsection shall also be 

considered in compliance with Section 5-261 of this chapter. 

5-253.8 Reserved.

5-253.9 Reserved.

5-253.10 Paper Coating

(a) Applicability. This subsection applies to all paper coating units, 

except that any paper coating unit shall be exempt from this subsection 

that is within a paper coating source that has actual emissions without 

control devices from all paper coating units within the source of less 

than 15 lbs of volatile organic compounds per day. Once a source 

becomes subject to this subsection, it shall remain so even if emission

levels subsequently fall below the applicability threshold.
VAPCR Adopted September 2011 [60]

(b) Definitions. For the purpose of this subsection, the following 

definitions apply, in addition to those of Section 5-101 of this 

chapter.

"Knife coating" means the application of a coating material to a 

substrate beneath a knife that spreads the coating evenly the full 

width of the substrate.

"Paper coating line" means a web coating line where coating is applied 

to paper. Products produced on a paper coating line include, but are 

not limited to, adhesive tapes and labels, book covers, post cards, 

office copier paper, drafting paper and pressure sensitive tapes. Paper 

coating lines include, but are not limited to, application by 

impregnation or saturation or by the use of roll, knife or rotogravure 

coating. Printing presses are not considered paper coating lines. 

"Paper coating unit" means a coating application station and its 

associated flashoff area, drying area and/or oven, where coating is 

applied and dried or cured on a paper coating line. A paper coating 

line may include more than one paper coating unit.

"Roll coating" means the application of a coating material to a moving 

substrate by means of hard rubber, elastomeric or metal rolls.

"Rotogravure coating" means the application of a coating material to a 

substrate by means of a roll coating technique in which the pattern to 

be applied is recessed relative to the non-image area, and the coating

material is picked up in these recessed areas and is transferred to the 

substrate.

"Substrate" means the surface onto which a coating is applied or into 

which a coating is impregnated.

"Web coating line" means all of the coating applicators, drying areas 

or ovens located between an unwind station and a rewind station, that 

are used to apply coating onto a continuous strip of substrate (the 

web). A web coating line need not have a drying oven.

(c) Standards.

(1) An owner or operator of a paper coating unit subject to this 

subsection shall not cause, allow or permit the application of 

any coating on that unit with a VOC content in excess of 2.9 

pounds per gallon of coating, (excluding water and exempt 

compounds), as applied; or

(2) An owner or operator of a paper coating unit subject to this 

subsection shall not apply, during any day, coatings on that unit 

whose daily-weighted average of VOC content, calculated in 

accordance with methods specified by the Air Pollution Control 

Officer, exceeds the emission limit in paragraph (c)(1) of this 

subsection.

(d) Control devices.
VAPCR Adopted September 2011 [61]

(1) As an alternative to compliance with the emission limits in 

paragraph (c) of this subsection, an owner or operator of a paper 

coating unit may comply with this subsection by:

(i) Installing and operating a capture system and control 

device on that unit; and

(ii) Demonstrating that the overall emission reduction 

efficiency achieved for that unit is greater than or equal 

to the required overall emission reduction efficiency. The 

achieved and the required overall emission reduction 

efficiencies shall be determined in accordance with 

procedures and test methods specified by the Air Pollution 

Control Officer.

(2) An owner or operator of a paper coating unit subject to this 

subsection shall ensure that:

(i) A capture system and control device, if used, are operated 

at all times that the coating unit is in operation, and the 

owner or operator demonstrates compliance with this 

subsection in accordance with the coating analysis and 

capture system and control device efficiency test methods 

specified by the Air Pollution Control Officer; and

(ii) The control device is equipped with the monitoring 

equipment required by the Air Pollution Control Officer, 

and such equipment is installed, calibrated, operated and 

maintained according to the vendor's specifications at all 

times the control device is in use. The monitoring 

equipment shall monitor the following parameters:

(A) Combustion chamber temperature of each thermal 

incinerator or afterburner;

(B) Temperature rise immediately before the catalyst bed 

and across each catalytic incinerator bed; and

(C) The VOC concentration of the outlet from each carbon 

adsorption bed.

(e) Record keeping and reporting.

(1) The owner or operator of a coating unit complying with paragraph 

(c) of this subsection by means of the use of complying coatings

shall collect and record all of the following information each 

day for each coating unit and maintain the information at the 

source for a period of 5 years:

(i) The name and identification number of each coating, as 

applied, on each coating unit; and

(ii) The mass of VOC per volume of each coating (excluding water 

and exempt compounds) as applied used each day on each 

coating unit.
VAPCR Adopted September 2011 [62]

(2) The owner or operator of any coating unit complying with this 

subsection by the use of control devices shall perform such 

compliance testing, keep such records and furnish such reports as 

required by the Air Pollution Control Officer to demonstrate 

continuing compliance with this subsection.

5-253.11 Perchloroethylene Dry Cleaning

(a) Definitions. For the purpose of this subsection, the following 

definitions apply, in addition to those of Section 5-101 of this 

chapter. 

"Carbon Adsorber" means a bed of activated carbon into which 

perchloroethylene vapors are introduced and trapped in a fixed bed, 

cartridge or canister as an adsorbent for subsequent regeneration; and 

includes an outlet for exhaust gases and a system to regenerate, 

reclaim or replace the saturated adsorbent.

"Condenser" means a device that removes condensed vapors by a reduction 

in the temperature of the captured gases. A surface condenser effects 

condensation by indirect contact between the coolant and process gas 

stream.

"Dry Cleaner" means a stationary source engaged in the cleaning of 

fabrics in an essentially nonaqueous solvent by means of one or more 

washes in solvent, extraction of excess solvent by spinning and drying 

by tumbling in an airstream. The source includes, but is not limited 

to, any washer, dryer, filter purification system, waste disposal 

system, holding tank, pump and attendant piping and valves.

"Garment" means any article placed in the washer for purposes of 

cleaning that article.

"Perceptible Leaks" means vapor or liquid leaks that are obvious from:

(1) The odor of the perchloroethylene;

(2) The observation of gas flow by feel, by application of bubble 

solution or by use of any hand held halogenated carbon detector; 

or

(3) Visual observation, such as pools or droplets of liquid.

"Perchloroethylene" is a colorless volatile chlorinated hydrocarbon. 

Synonyms for perchloroethylene include: "perc", tetrachloroethylene and 

PCE. The chemical formula, for perchloroethylene is C2Cl4.

"Stills" means devices used to evaporate and recover perchloroethylene

from contaminated solvent removed from the cleaned articles.

(b) Standards.

(1) Any dry cleaning machine which uses perchloroethylene and begins 

operation on or after the effective date of this rule shall be 
VAPCR Adopted September 2011 [63]

equipped with a totally enclosed system not requiring venting to 

the outside atmosphere.

(2) Any existing dry cleaning machine which uses perchloroethylene 

shall be equipped with one of the following control devices

within one year of the effective date of this rule:

(i) A carbon adsorber which reduces perchloroethylene emissions 

to no more than 100 parts per million by volume (ppm) 

before dilution.

(A) All exhaust from the washer, dryer, filter and 

purification system, holding tanks and attendant 

piping and valves shall be routed through the carbon 

adsorber;

(B) The carbon adsorber shall be operated at an air flow 

capacity of 630 square feet;

(C) A minimum air velocity of 100 feet per minute shall 

be maintained through all machine door and exhaust 

hood openings; and

(D) The exhaust from the carbon adsorber shall be vented 

to the outside atmosphere at a point above the roof 

of the building in which it is located; or

(ii) A refrigerated condenser system provided that:

(A) The dryer/condenser system is closed to the 

atmosphere except when articles are being loaded or 

unloaded;

(B) The temperature at the dryer/condenser outlet is less 

than or equal to 40o F; and

(C) A thermometer is installed on the outlet side of all 

refrigerated condensers to monitor the temperature. 

(iii) Any other equally effective control device as approved by 

the Air Pollution Control Officer.

(3) Any dry cleaner which uses a carbon adsorber to comply with this 

subsection shall regenerate the carbon bed at least once per unit 

of garments cleaned. A unit of garments is based on a ratio of 

the weight of the carbon bed compared to the amount of garments

cleaned. The formula used for determining a unit of garments is 3 

lbs of garments per pound of carbon. The carbon adsorber used to 

comply with this subsection shall not be bypassed to the 

atmosphere during regeneration.

(c) Waste Handling; Maintenance.

All new and existing perchloroethylene dry cleaners shall comply with 

the following requirements:
VAPCR Adopted September 2011 [64]

(1) Cook or treat all diatomaceous earth filters so that the residue 

contains 55 pounds or less of VOC per 220 lbs of wet waste 

material;

(2) The residue from the solvent still shall not contain more than 

132 lbs of perchloroethylene per 220 lbs of wet waste material;

(3) Drain all filtration cartridges in the filter housing for at 

least 24 hours. When any filtration cartridge is removed from the 

filter housing, it shall be placed in a sealed container which 

does not allow the solvent in the filter to be emitted to the 

atmosphere;

(4) All perchloroethylene and waste containing perchloroethylene 

shall be stored in tightly sealed containers which are impervious 

to the solvent and chemical reaction, so that no 

perchloroethylene is emitted to the atmosphere; all waste 

material containing perchloroethylene shall be properly disposed 

of;

(5) Maintain the system to prevent perceptible leaks of 

perchloroethylene from gaskets, seals, ducts and related 

equipment. An inventory of parts shall be maintained in order to 

repair all routine malfunctions. All perceptible leaks of 

perchloroethylene liquid or vapor shall be repaired within 24 

hours;

(6) All dry cleaning machine doors shall remain open for only as long 

as necessary to load and unload garments.

(7) Lint traps shall be cleaned weekly and perchloroethylene laden 

lint placed in a tightly sealed container until properly disposed 

of.

(d) Inspections.

(1) Compliance with paragraphs (b)(2)(i)(A) and (c)(3) of this 

subsection shall be determined by means of a visual inspection.

(2) The owner or operator of each perchloroethylene dry cleaner shall 

perform weekly inspections of the following components in order 

to comply with the requirements of paragraph (c)(5), either 

visually or using a halogenated hydrocarbon detector:

(1) Hose connections, unions, couplings and valves;

(2) Machine door gaskets and seating;

(3) Filter head gasket and seating;

(4) Pumps;

(5) Base tanks and storage containers;

(6) Water separators;

(7) Filter sludge recovery;

(8) Distillation unit;

(9) Diverter valves;

(10) Saturated lint from the lint basket; and
VAPCR Adopted September 2011 [65]

(11) Cartridge filters.

(e) Test methods. Compliance with paragraphs (c)(1) and (c)(2) this 

subsection shall be determined by using test procedures set forth by 

the Air Pollution Control Officer.

(f) Record keeping.

(1) The owner or operator of a perchloroethylene dry cleaner subject 

to this subsection shall maintain records of the following for a 

minimum of five years:

(i) The amount of perchloroethylene consumed per year;

(ii) The results of weekly inspections and records of the dates 

of repair or purchase orders for repair parts to 

demonstrate compliance; and

(iii) The frequency and period of regeneration for each carbon 

adsorber.

(2) The owner or operator of a perchloroethylene dry cleaner shall 

keep the above records available for inspection during normal 

business hours and shall provide copies to the Air Pollution 

Control Officer upon request.

(g) Compliance.

(1) Within one year of the effective date of this subsection, the 

owner or operator of each perchloroethylene dry cleaner shall 

verify compliance with this subsection by submitting an initial 

statement of compliance to the Air Pollution Control Officer

listing the type of control device(s) used.

(2) A dry cleaner which, in the judgment of the Secretary, is in 

compliance with this subsection shall also be considered in 

compliance with Section 5-261 of this chapter.

5-253.12 Coating of Flat Wood Paneling

(a) Applicability. This subsection applies to any flat wood paneling 

coating line, except any such coating line within any source whose 

actual emissions without control devices from all flat wood paneling 

coating lines within the source are less than 15 lbs of volatile 

organic compounds per day. Once a source is subject to this subsection, 

it shall remain so, even if its emissions later fall below the 

applicability threshold.

(b) Definitions. For the purpose of this subsection, the following 

definitions apply, in addition to those of Section 5-101 of this 

chapter.

"Class II hardboard paneling finish" means finishes that meet the 

specifications of Voluntary Product Standard PS-59-73 as approved by 

the American National Standards Institute.
VAPCR Adopted September 2011 [66]

"Flat wood paneling coating line" means a coating line used to apply 

and dry or cure coatings applied to one of the following flat wood 

paneling product categories: printed interior panels made of hardwood 

plywood and thin particle board (i.e., less than or equal to 0.25 

inches in thickness); natural finish hardwood plywood panels; and 

hardwood paneling with Class II finishes.

"Hardboard" is a panel manufactured primarily from inter-felted lignocellulosic fibers that are consolidated under heat and pressure in a 

hot press.

"Hardwood plywood" is plywood whose surface layer is a veneer of 

hardwood.

"Natural finish hardwood plywood panels" means panels whose original 

grain pattern is enhanced by essentially transparent finishes 

frequently supplemented by fillers and toners.

"Printed interior panels" means panels whose grain or natural surface 

is obscured by fillers and base coats upon which a simulated grain or 

decorative pattern is printed.

"Thin particleboard" is a manufactured board that is 0.25 inches or 

less in thickness made of individual wood particles that have been 

coated with a binder and formed into flat sheets by pressure.

(c) Standards. No owner or operator of a flat wood paneling coating line

subject to this subsection shall cause or allow, on any day, volatile 

organic compound emissions from the coating of any one of the following 

flat wood paneling product categories in excess of the emission limits 

in paragraphs (c)(1) through (3) of this subsection:

Flat wood paneling product category lb/1,000 ft2

(1) Printed interior panels 6.0

(2) Natural finish hardwood plywood panels 12.0

(3) Class II finish on hardboard panels 10.0

Note: The above volatile organic compound emission limits are 

expressed in units of mass of VOC (lb) per area of surface to 

which the coating is applied (1,000 square feet [ft2]).

(d) Control devices.

(1) As an alternative to compliance with the emission limits in 

paragraph (c) of this subsection, an owner or operator of a flat 

wood paneling coating line may comply with this subsection by:

(i) Installing and operating a capture system and control 

device on that line; and
VAPCR Adopted September 2011 [67]

(ii) Demonstrating that the overall emission reduction 

efficiency achieved for that line is greater than or equal 

to the applicable standard under paragraph (c). The 

achieved and the required overall emission reduction 

efficiencies shall be determined in accordance with 

procedures and test methods specified by the Air Pollution 

Control Officer.

(2) An owner or operator of a flat wood paneling coating line subject 

to this subsection shall ensure that:

(i) A capture system and control device, if used, are operated 

at all times that the line is in operation, and the owner 

or operator demonstrates compliance with this subsection in 

accordance with the coating analysis and capture system and 

control device efficiency test methods specified by the Air

Pollution Control Officer; and

(ii) The control device is equipped with the monitoring 

equipment required by the Air Pollution Control Officer, 

and such equipment is installed, calibrated, operated and 

maintained according to the vendor's specifications at all 

times the control device is in use. The monitoring 

equipment shall monitor the following parameters:

(A) Combustion chamber temperature of each thermal 

incinerator or afterburner;

(B) Temperature rise before the catalyst bed and across 

each catalytic incinerator bed; and

(C) The VOC concentration of the outlet from each carbon 

adsorption bed.

(e) Record keeping and reporting.

(1) The owner or operator of a coating line complying with paragraph 

(c) of this subsection by means of the use of complying coatings

shall collect and record all of the following information each 

day for each coating line and maintain the information at the 

source for a period of 5 years:

(i) The name and identification number of each coating, as 

applied, used to coat each type of flat wood paneling 

product; and

(ii) The mass of VOC per area of surface to which the coating is 

applied to each type of flat wood paneling product 

(specified in paragraph (c) of this subsection) for each 

coating used each day in terms of lb VOC/1,000 ft2 and the 

surface area coated each day of each type of flat wood 

paneling product.

(2) The owner or operator of any coating line complying with this 

subsection by the use of control devices shall perform such 
VAPCR Adopted September 2011 [68]

compliance testing, keep such records and furnish such reports as 

required by the Air Pollution Control Officer to demonstrate 

continuing compliance with this subsection.

5-253.13 Coating of Miscellaneous Metal Parts

(a) Applicability.

(1) This subsection applies to any miscellaneous metal parts and 

products coating unit, except automobile, light-duty and heavyduty truck refinishing.

(2) The emission limits in this subsection do not apply to any 

coating unit within a source whose actual emissions without 

control devices from all miscellaneous metal part and product 

coating units within the source are less than 5 tons of VOCs per 

year.

(3) Any source that becomes or is currently subject to this 

subsection shall remain so even if emissions from the source 

later fall below the applicability threshold.

(b) Definitions. For the purpose of this subsection, the following 

definitions apply, in addition to those of Section 5-101 of this 

chapter.

"Air-dried coating" means a coating that is dried by the use of air or 

forced warm air at temperatures up to 1940F (900C).

"Clear Coating" a coating that either lacks color and opacity or is 

transparent and uses the surface to which it is applied as a reflective 

base or undertone color.

"Drum" means any cylindrical metal shipping container of 13 to 110 

gallon capacity.

"Extreme environmental conditions" means any of the following: the 

weather all of the time, temperatures frequently above 2030F (950C), 

detergents, abrasive and scouring agents, solvents, corrosive 

atmospheres, or similar environmental conditions.

"Extreme performance coatings" means coatings intended for exposure to 

extreme environmental conditions.

"Miscellaneous metal parts and products coating unit" means a coating 

unit in which a coating is applied to any miscellaneous metal parts and 

products.

"Miscellaneous parts and products" means any metal part or metal 

product, even if attached to or combined with a nonmetal part or 

product. Miscellaneous metal parts and products include, but are not 

limited to any metal part or product that is within one of the 

following Standard Industrial Classification Codes: Major Group 33 

(primary metal industries), Major Group 34 (fabricated metal products), 

Major Group 35 (nonelectric machinery), Major Group 36 (electrical 
VAPCR Adopted September 2011 [69]

machinery), Major Group 37 (transportation equipment), Major Group 38 

(miscellaneous instruments), and Major Group 39 (miscellaneous 

manufacturing industries).

"Pail" means any cylindrical metal shipping container of 1 to 12 gallon 

capacity and constructed of 29 gauge and heavier material.

"Refinishing" means the repainting of previously painted equipment.

(c) Standards.

(1) No owner or operator of a miscellaneous metal parts and products

coating unit subject to this subsection shall cause or allow the 

application of any coating with VOC content in excess of the 

following emission limits:

Coating Category lb/gala

(i) Clear coating 4.3

(ii) Steel pail and drum interior 4.3

(iii) Air-dried coating 3.5

(iv) Extreme performance coating 3.5

(v) All other coatings 3.0

a VOC content values are expressed in units of mass of VOC (lb.) 

per volume of coatings (gallon), excluding water and exempt 

compounds, as applied.

(2) If more than one emission limit in paragraph (c)(1) applies to a 

specific coating, the least stringent emission limit shall apply.

(3) No owner or operator of a miscellaneous metal parts and products

coating unit that applies multiple coatings, all of which are 

subject to the some numerical emission limitation within 

paragraph (c)(1) above, during the same day (e.g., all coatings

used on the unit are subject to 3.5 lb/gal), shall apply, during 

any day, coatings on that unit whose daily-weighted average VOC 

content calculated, in accordance with the method specified by 

the Air Pollution Control Officer, exceeds the coating VOC

content limit corresponding to the category of coating used.

(d) Control devices.

(1) As an alternative to compliance with the emission limits in 

paragraph (c) of this subsection, an owner or operator of a 

miscellaneous metal parts and products coating unit may comply 

with this subsection by:

(i) Installing and operating a capture system and control 

device on that unit; and 
VAPCR Adopted September 2011 [70]

(ii) Demonstrating that the overall emission reduction 

efficiency achieved for that unit is greater than or equal 

to the required overall emission reduction efficiency. The 

achieved and the required overall emission reduction 

efficiencies shall be determined in accordance with 

procedures and test methods specified by the Air Pollution 

Control Officer.

(2) An owner or operator of a miscellaneous metal parts and products 

coating unit subject to this subsection shall ensure that:

(i) A capture system and control device, if used, are operated 

at all times that the unit is in operation, and the owner 

or operator demonstrates compliance with his subsection in 

accordance with the coating analysis and capture system and 

control device efficiency test methods specified by the Air

Pollution Control Officer; and

(ii) The control device is equipped with the monitoring 

equipment required by the Air Pollution Control Officer, 

and such equipment is installed, calibrated, operated and 

maintained according to the vendor's specifications at all 

times the control device is in use.

(e) Record keeping and reporting.

(1) Within one year following the effective date of this subsection, 

the owner or operator of a coating unit complying with paragraph 

(c) of this subsection by means of the use of complying coatings

shall collect and record all of the following information each 

day for each coating unit and maintain the information at the 

source for a period of 5 years:

(i) The name and identification number of each coating, as 

applied, used to coat each type of miscellaneous metal part

or product; and 

(ii) The mass of VOC per volume of each coating (excluding water 

and exempt compounds), as applied, used each day, on each 

coating unit and for each type of miscellaneous metal part 

or product (specified in paragraph (c) of this subsection).

(2) The Air Pollution Control Officer may require the owner or 

operator of any coating unit complying with this subsection by 

the use of control devices to perform such compliance testing, 

keep such records and furnish such reports as necessary to 

demonstrate continuing compliance with this subsection.

(f) Compliance. A coating unit subject to this subsection shall comply with 

the requirements of this subsection on or before November 15, 1994.

5-253.l4 Solvent Metal Cleaning

(a) Applicability. This subsection applies to all solvent metal cleaning

sources with the following exemptions:
VAPCR Adopted September 2011 [71]

(1) Any open-top vapor degreasing operation with an open area smaller 

than 10.8 square feet (ft2) is exempt from paragraphs 

(c)(2)(iii)(B) and (c)(2)(iii)(D) of this subsection, and 

(2) Any conveyorized degreaser with an air/solvent interface smaller 

than 21.5 ft2 is exempt from paragraph (c)(3)(ii) of this 

subsection.

(b) Definitions. For the purposes of this subsection, the following 

definitions apply, in addition to those of Section 5-101.

"Air/solvent interface" means the surface area defined by points of 

contact between the solvent liquid or vapor in the cleaner/degreaser 

and the surrounding air.

"Cold cleaning" means the batch process of cleaning and removing soils 

from a metal surface by spraying, brushing, flushing, or immersion 

while maintaining the solvent below its boiling point. Wipe cleaning is 

not included in this definition.

"Conveyorized degreasing" means the process of cleaning and removing 

soils from a continuous stream of metal parts using either cold or 

vaporized solvent.

"Freeboard height" means, for a cold cleaner, the distance from the 

liquid solvent level in the degreaser tank to the lip of the tank. For 

an open-top vapor degreaser, it is the distance from the vapor level in 

the tank during idling to the lip of the tank. For a vapor-conveyorized 

degreaser, it is the distance from the vapor level to the bottom of the 

entrance or exit opening, whichever is lower. For a cold-conveyorized 

degreaser, it is the distance from the liquid solvent level to the 

bottom of the entrance or exit opening, whichever is lower.

"Freeboard ratio" means the freeboard height divided by the smaller 

interior dimension (length, width, or diameter) of the degreaser tank.

"Open-top vapor degreaser" means the process using condensation of hot 

solvent vapor to clean and remove soils from a batch of metal parts.

"Refrigerated chiller" means a device mounted above both the waterjacket and the primary condenser coils consisting of secondary coils 

which carries a refrigerant that provides a chilled air blanket above 

the solvent vapor, thereby reducing emissions from the degreaser bath. 

The chilled air blanket temperature, measured at the centroid of the 

degreaser at the coldest point, shall be no greater than thirty percent 

of the solvent's boiling point in degrees Fahrenheit.

"Solvent metal cleaning" means the process of cleaning soils from metal 

surfaces by cold cleaning, open-top vapor degreasing, or conveyorized 

degreasing.

(c) Standards.
VAPCR Adopted September 2011 [72]

(1) Cold cleaning operations. The owner or operator of a cold 

cleaning operation shall:

(i) Equip the cleaner with a cover that is easily operated with 

one hand, if:

(A) The solvent true vapor pressure is greater than 0.3 

pounds per square inch (psi) measured at 100°F by 

ASTM D323-89;

(B) The solvent is agitated: or

(C) The solvent is heated;

(ii) Equip the cleaner with an internal drainage facility so 

that parts are enclosed under the cover while draining if 

the solvent true vapor pressure is greater than 0.6 psi 

measured at 100°F by ASTM D323-89, except that the drainage 

facility may be external for applications where an internal 

type cannot fit into the cleaning system;

(iii) Implement one of the following control measures if the 

solvent true vapor pressure is greater than 0.6 psi 

measured at 100°F by ASTM D323-89, or if the solvent is 

heated above 120°F:

(A) Freeboard that gives a freeboard ratio greater than 

or equal to 0.7;

(B) Water cover at least 1 in. in depth (solvent shall be 

insoluble in and heavier than water); or

(C) Another system of equivalent control, equal to that 

of a refrigerated chiller or a carbon adsorber, 

approved by the Air Pollution Control Officer by 

order or permit.

(iv) Provide a permanent, legible, conspicuous label, 

summarizing the operating requirements;

(v) Store waste solvent in covered containers;

(vi) Close the cover whenever parts are not being handled in the 

cleaner;

(vii) Drain the cleaned parts until dripping ceases;

(viii)Supply a solvent spray, if used, that ensures a solid fluid 

stream at a pressure that does not exceed 10 pounds per 

square inch gauge; and

(ix) Degrease only materials that are neither porous nor 

absorbent.
VAPCR Adopted September 2011 [73]

(x) Cease operation of the unit upon the detection of any 

visible solvent leak until such solvent leak is repaired.

(2) Open top vapor degreasers. Except as provided under paragraph 

(a)(1) of this subsection, the owner or operator of an open top 

vapor degreaser shall:

(i) Equip the vapor degreaser with a cover that can be opened 

and closed easily without disturbing the vapor zone;

(ii) Provide the following safety switches:

(A) A vapor level thermostat that shuts off the sump heat 

if the condenser coolant is either not circulating or 

too warm or if the vapor level rises above the height 

of the primary condenser; and

(B) A spray safety switch that shuts off the spray pump 

if the vapor level drops more than 4 inches below the 

lowest condensing coil;

(iii) Implement one of the following control measures:

(A) Freeboard ratio greater than or equal to 0.75 and a 

powered cover;

(B) Refrigerated chiller;

(C) Enclosed design (cover or door opens only when the 

dry part is actually entering or exiting the 

degreaser);

(D) Carbon adsorption system, with a ventilation rate 

greater than or equal to 50 cubic feet per minute per 

square foot (ft3/min/ft2) of air/solvent interface

(when cover is open), and exhausting less than 25 

parts per million (ppm) of solvent averaged over one 

complete adsorption cycle, or 24 hours, whichever is 

less; or

(E) A control system, demonstrated to have a control 

efficiency equivalent to or greater than any of the 

above and approved by the Air Pollution Control 

Officer by permit or order.

(iv) Keep the cover closed at all times except when processing a 

workload through the degreaser;

(v) Minimize solvent carryout by:

(A) Racking parts so that solvent drains freely and is 

trapped;

(B) Moving parts in and out of the degreaser at less than 

11 feet per minute;
VAPCR Adopted September 2011 [74]

(C) Holding the parts in the vapor zone for at least 30 

seconds or until condensation ceases, whichever is 

longer;

(D) Tipping out any pools of solvent on the cleaned parts 

before removal from the vapor zone; and

(E) Allowing parts to dry within the degreaser for at 

least 15 seconds or until visually dry, whichever is 

longer;

(vi) Degrease only materials that are neither porous nor 

absorbent;

(vii) Occupy no more than one-half of the degreaser's open-top 

area with a workload

(viii)Always spray within the vapor level;

(ix) Repair solvent leaks immediately, or shut down the 

degreaser;

(x) Store waste solvent only in covered containers;

(xi) Operate the cleaner so that water cannot be visually 

detected in solvent exiting the water separator;

(xii) Use no ventilation fans near the degreaser opening;

(xiii)When the cover is open, not expose the open-top vapor 

degreaser to drafts greater than 131 ft/min, as measured 

between 3 and 6 feet upwind and at the same elevation as 

the tank lip;

(xiv) If a lip exhaust is used on the open top vapor degreaser, 

not use a ventilation rate that exceeds 65 ft3/min/ft2 of 

degreaser open area, unless a higher rate is needed to meet 

VOSHA requirements;

(xv) Provide a permanent, conspicuous label, summarizing the 

operating procedures of paragraphs (c)(2)(iv) through 

(c)(2)(xiv) of this subsection;

(xvi) Not load the degreasing unit to the point where the vapor 

level would drop more than 4 inches when the workload is 

removed from the vapor zone; and

(xvii)Locate the top cover below the lip exhaust if the open top 

degreaser is equipped with a lip.

(3) Conveyorized degreasing. Except as provided in paragraph (a)(2) 

of this subsection, the owner or operator of a conveyorized 

degreaser shall:
VAPCR Adopted September 2011 [75]

(i) Not use work place fans near the degreaser opening, and 

ensure that exhaust ventilation does not exceed 65 

ft3/min/ft2 of degreaser opening, unless a higher rate is 

necessary to meet VOSHA requirements;

(ii) Install one of the following control devices:

(A) Refrigerated chiller;

(B) Carbon adsorption system, with a ventilation rate 

greater than or equal to 50 ft3/min/ft2 of air/solvent 

interface (when downtime covers are open), and 

exhausting less than 25 ppm of solvent by volume 

averaged per one complete adsorption cycle, or 24 

hours, whichever is less; or 

(C) A control system, demonstrated to have a control 

efficiency equivalent to or greater than any of the 

above and approved by the Air Pollution Control 

Officer by permit or order.

(iii) Equip the cleaner with equipment, such as a drying tunnel 

or rotating (tumbling) basket, sufficient to prevent 

cleaned parts from carrying out solvent liquid or vapor;

(iv) Provide the following safety switches:

(A) A condenser flow switch and vapor level control 

thermostat that shut off the sump heat if the 

condenser coolant is either not circulating or if the 

vapor level rises above the height of the primary 

coil;

(B) A spray safety switch that shuts off the spray pump 

or the conveyor if the vapor level drops more than 4 

inches below the lowest condensing soil.

(v) Minimize openings during operation so that entrances and 

exits silhouette workloads with an average clearance 

between the parts and the edge of the degreaser opening of 

less than 4 in. or less than 10 percent of the width of the 

opening;

(vi) Provide downtime covers for closing off the entrance and 

exit during shutdown hours;

(vii) Minimize carryout emissions by:

(A) Racking parts so that solvent drains freely from 

parts and is not trapped; and

(B) Maintaining the vertical conveyor speed at less than 

11 ft/min;
VAPCR Adopted September 2011 [76]

(viii)Repair solvent leaks immediately, or shut down the 

degreaser;

(ix) Store waste solvent only in covered containers;

(x) Operate the cleaner so that water cannot be visually 

detected in solvent exiting the water separator;

(xi) Place downtime covers over entrances and exits of the 

conveyorized degreaser at all times when the conveyors and 

exhausts are not being operated; and

(xii) Degrease only materials that are neither porous nor 

absorbent.

(d) Testing and record keeping. The Air Pollution Control Officer may 

require the owner or operator of any source subject to this subsection 

to perform such testing, keep such records and furnish such reports as 

necessary to demonstrate continuing compliance with this subsection.

(e) Compliance. A source which is subject to the requirements of this 

subsection shall achieve compliance on or before November 15, 1994.

5-253.15 Cutback and Emulsified Asphalt

(a) Applicability. This subsection applies to the manufacture, mixing, 

storage, and use of cutback asphalts and emulsified asphalts. No 

exemptions are allowable based on the size or throughput of an 

operation.

(b) Definitions. For the purposes of this subsection, the following 

definitions apply, in addition to those of Section 5-101 of this 

chapter.

"Asphalt" means a dark-brown to black cementitious material which is 

solid, semisolid, or liquid in consistency and in which the main 

constituents are bitumens that occur naturally or are obtained as a 

residue of petroleum refining.

"Cutback Asphalt" means asphalt that has been liquefied by blending 

with organic compounds (diluents). Upon exposure to atmospheric 

conditions, the diluents evaporate, leaving the asphalt to perform its 

function.

"Emulsified Asphalt" means an emulsion of asphalt and water that 

contains a small amount of an emulsifying agent; it is a heterogeneous 

system containing two normally immiscible phases (asphalt and water) in 

which the water forms the continuous phase of the emulsion, and minute 

globules of asphalt form the discontinuous phase.

"Medium Curing Cutback Asphalt" means material which meets the 

specifications of the ASTM Designation D2027.

"Penetrating Prime Coat" means an application of low-viscosity liquid 

asphalt to an absorbent surface. It is used to prepare an untreated 
VAPCR Adopted September 2011 [77]

base for an asphalt surface. The prime coat penetrates the base, plugs 

voids, and hardens and helps bind the top to the overlying asphalt 

course. The penetrating prime coat also reduces the necessity of 

maintaining an untreated base course prior to placing the asphalt 

pavement.

(c) Standards.

(1) No person shall cause, allow, or permit the manufacture, mixing, 

storage, or use of cutback asphalts or emulsified asphalts which 

contain 5% by weight or greater volatile organic compounds, as 

determined in accordance with test methods and procedures 

specified by the Air Pollution Control Officer, with the 

following exceptions:

(i) A medium curing cutback asphalt may be used for the 

manufacture of and long-term stockpile storage of patching 

mixes used in pavement maintenance.

(ii) A medium curing cutback asphalt may be used as a 

penetrating prime coat for aggregate bases prior to paving.

5-253.16 Wood Furniture Manufacturing

(a) Applicability.

(1) This subsection applies to all stationary sources that are 

engaged, either in part or in whole, in the manufacture of wood 

furniture or wood furniture components, except as provided in 

paragraphs (a) (2) and (3) below.

(2) A stationary source engaged, either in part or in whole, in the 

manufacture of wood furniture or wood furniture components that 

has allowable VOC emissions of less than 25 tons per year and 

that is not located at a major source of hazardous air pollutants 

is exempt from all provisions of this subsection, except for 

paragraph (c)(4) regarding the control of individual hazardous 

air contaminants.

(3) Stationary sources that are primarily engaged in the manufacture 

of products other than wood furniture or wood furniture 

components and that use no more than 100 gallons per month of 

finishing material and contact adhesives combined in the 

manufacture of wood furniture or wood furniture components are 

not subject to this subsection, except that each such source 

shall maintain records of monthly finishing material and adhesive

usage.

(b) Definitions. For the purpose of this subsection, the following 

definitions apply, in addition to those of Section 5-101 of this 

chapter:

"Adhesive" means any chemical substance that is applied for the purpose 

of bonding two surfaces together other than by mechanical means. 

Adhesives shall not be considered coatings or finishing materials.
VAPCR Adopted September 2011 [78]

Products used on humans and animals, adhesive tape, contact paper, or 

any other product with an adhesive incorporated onto or in an inert 

substrate shall not be considered adhesives.

"Aerosol Adhesive" means an adhesive that is dispensed from a 

pressurized container as a suspension of fine solid or liquid particles 

in gas.

"As Applied" means the VOC, HAP and solids content of the coating or 

contact adhesive that is actually used for coating or gluing the 

substrate. It includes the contribution of materials used for in-house 

dilution of the coating or contact adhesive.

"Basecoat" means a coat of colored material, usually opaque, that is 

applied before graining inks, glazing coats, or other opaque finishing 

materials, and is usually topcoated for protection.

"Certified Product Data Sheet (CPDS)" means documentation furnished by 

coating or adhesive suppliers or an outside laboratory that provides 

the HAP content of a finishing material, contact adhesive, or solvent, 

by percent weight, measured using EPA Method 311, or an equivalent or 

alternative method approved by the Air Pollution Control Officer and 

EPA; the VOC content and solids content of a finishing material, 

strippable booth coating, solvent or contact adhesive, by percent 

weight, measured using EPA Method 24, or an alternative or equivalent 

method approved by the Air Pollution Control Officer; and the density, 

measured by EPA Method 24 or an alternative or equivalent method 

approved by the Air Pollution Control Officer. Therefore, the 

reportable VOC and HAP contents should represent the maximum aggregate 

emissions potential of the finishing material, strippable booth 

coating, adhesive, or solvent in concentrations greater than or equal 

to 1.0 percent by weight or 0.1 percent for VOCs or HAPs that are 

carcinogens, as defined by the Occupational Safety and Health 

Administration Hazard Communication Standard (29 C.F.R. 1910), as 

formulated.

"Cleaning Operations" means operations in which organic solvent is used 

to remove coating materials or adhesives from equipment used in wood 

furniture manufacturing operations.

"Coating" means a protective, decorative, or functional film applied in 

a thin layer to a surface. Such materials include, but are not limited 

to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, 

enamels, inks, and temporary protective coatings.

"Coating Application Station" means the part of a coating operation

where the coating is applied, e.g., a spray booth.

"Coating Operation" means those activities in which a coating is 

applied to a substrate and is subsequently air-dried, cured in an oven, 

or cured by radiation.

"Coating Solids (or solids)" means the part of the coating which 

remains after the coating is dried or cured; solids content is 

determined using data from the EPA Method 24, or an equivalent or 
VAPCR Adopted September 2011 [79]

alternative method approved by the Air Pollution Control Officer and 

EPA.

"Contact Adhesive" means an adhesive that is applied to two substrates, 

dried, and mated under only enough pressure to result in good contact. 

The bond is immediate and sufficiently strong to hold pieces together 

without further clamping, pressure, or airing.

"Continuous Coater" means a finishing system that continuously applies 

finishing materials onto furniture parts moving along a conveyor. 

Finishing materials that are not transferred to the part are recycled 

to a reservoir. Several types of application methods can be used with a 

continuous coater including spraying, curtain coating, roll coating, 

dip coating, and flow coating.

"Conventional Air Spray" means a spray coating method in which the 

coating is atomized by mixing it with compressed air and applied at an 

air pressure greater than 10 pounds per square inch (gauge) at the 

point of atomization. Airless and air assisted airless spray 

technologies are not conventional air spray because the coating is not 

atomized by mixing it with compressed air. Electrostatic spray 

technology is also not considered conventional air spray because an 

electrostatic charge is employed to attract the coating to the 

workpiece.

"Enamel" means a coat of colored material, usually opaque, that is 

applied as a protective topcoat over a basecoat, primer, or previously 

applied enamel coats. In some cases, another finishing material may be 

applied as a topcoat over the enamel.

"Equipment Leak" means emissions of volatile organic compounds or 

volatile hazardous air pollutants from pumps, valves, flanges, or other 

equipment used to transfer or apply coatings, adhesives, or organic 

solvents.

"Finishing Material" means a coating used in the wood furniture

industry. Such materials include, but are not limited to, stains, 

basecoats, washcoats, enamels, sealers, and topcoats.

"Finishing Operation" means those operations in which a finishing 

material is applied to a substrate and is subsequently air-dried, cured 

in an oven, or cured by radiation.

"Foam Adhesive" means a contact adhesive used for gluing foam to 

fabric, foam to foam, and fabric to wood. 

"Nonporous Substrate" means a surface that is impermeable to liquids. 

Examples include metal, rigid plastic, flexible vinyl, and rubber.

"Normally Closed Container" means a container that is closed unless an 

operator is actively engaged in activities such as emptying or filling 

the container.

"Organic Solvent" means a liquid containing volatile organic compounds

or volatile hazardous air pollutant that is used for dissolving or 
VAPCR Adopted September 2011 [80]

dispersing constituents in a coating or contact adhesive, adjusting the 

viscosity of a coating or contact adhesive, or cleaning equipment. When 

used in a coating or contact adhesive, the organic solvent evaporates 

during drying and does not become a part of the dried film. 

"Sealer" means a finishing material used to seal the pores of a wood 

substrate before additional coats of finishing material are applied. 

Special purpose finishing materials that are used in some finishing 

systems to optimize aesthetics are not sealers.

"Solvent" means a liquid used in a coating or contact adhesive to 

dissolve or disperse constituents and/or to adjust viscosity. It 

evaporates during drying and does not become a part of the dried film.

"Stain" means any color coat having a solids content by weight of no 

more than 8.0 percent that is applied in single or multiple coats 

directly to the substrate. It includes, but is not limited to, 

nongrain raising stains, equalizer stains, prestains, sap stains, body 

stains, no-wipe stains, penetrating stains, and toners. 

"Strippable Spray Booth Coating" means a coating that: (1) is applied 

to a spray booth wall to provide a protective film to receive overspray 

during finishing operations; (2) that is subsequently peeled off and 

disposed; and (3) by achieving (1) and (2), reduces or eliminates the 

need to use organic solvents to clean spray booth walls.

"Substrate" means the surface onto which a coating or contact adhesive

is applied (or into which a coating or contact adhesive is 

impregnated).

"Thinner" means a volatile liquid that is used to dilute coatings or 

contact adhesives (to reduce viscosity, color strength, and solids, or 

to modify drying conditions).

"Topcoat" means the last film-building finishing material that is 

applied in a finishing system.

"Touchup and Repair" means the application of finishing materials to 

cover minor finishing imperfections.

"Volatile Hazardous Air Pollutant (VHAP)" means any volatile hazardous 

air pollutant listed in Table 2 to Subart JJ of 40 C.F.R. Part 63.

"Washcoat" means a transparent special purpose finishing material

having a solids content by weight of 12.0 percent by weight or less. 

Washcoats are applied over initial stains to protect, to control color, 

and to stiffen the wood fibers in order to aid sanding. 

"Washoff Operations" means those operations in which organic solvent is 

used to remove coating from wood furniture or a wood furniture 

component.

"Wood Furniture" means any product made of wood, a wood product such as 

rattan or wicker, or an engineered wood product such as particleboard 

that is manufactured under any of the following standard industrial 
VAPCR Adopted September 2011 [81]

classification codes: 2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, 

2599, or 5712.

A “Wood Furniture Component” means any part that is used in the 

manufacture of wood furniture. Examples include, but are not limited 

to, drawer sides, cabinet doors, seat cushions, and laminated tops.

A “Wood Furniture Manufacturing Operations" means the finishing, 

gluing, cleaning, and/or washoff operations associated with the 

production of wood furniture or wood furniture components.

(c) Standards

(1) VOC Emission Limitations. Each owner or operator of a stationary 

source subject to this subsection which has allowable emissions 

of 25 tons per year or more of VOC shall limit VOC emissions from 

wood furniture manufacturing operations by:

(i) Using only topcoats containing no more than 1.8 lbs VOC/lb 

solids, as applied, and sealers containing no more than 1.9 

lbs VOC/lb solids, as applied, or the equivalent. 

Compliance shall be demonstrated by any of the compliance 

methods in (e)(1);

(ii) Using acid-cured alkyd amino vinyl sealers containing no 

more than 2.3 lbs VOC/lb solids, as applied, and acid-cured 

alkyd amino conversion varnish topcoats containing no more 

than 2.0 lbs VOC/lb solids, as applied, or the equivalent. 

Compliance shall be demonstrated by any of the compliance 

methods in (e)(1); and 

(iii) Using only strippable spray booth coatings containing no 

more than 0.8 lbs VOC/lb solids, as applied.

(2) VHAP Emission Limitations for Existing Sources. Each owner or 

operator of a stationary source subject to this subsection which 

is located at a major source of HAPs and which began operations 

before December 6, 1994 shall:

(i) Use only stains, washcoats, sealers, topcoats, basecoats 

and enamels with VHAP contents of no more than 1.0 lbs 

VHAP/lb solids, as applied; thinners for stains, sealers 

and topcoats that contain no more than 10% VHAP by weight; 

and thinners for washcoats, basecoats and enamels that 

contain no more than 3% VHAP by weight; or the equivalent. 

Compliance shall be demonstrated by any of the compliance 

methods in (e)(2). The formaldehyde content of a finishing 

material shall be calculated as the amount of free 

formaldehyde present in the finishing material when it is 

applied. The styrene content of a finishing material shall 

be based on an estimate of the unreacted styrene, which 

shall be calculated by multiplying the amount of styrene 

monomer in the finishing material when it is applied by a 

factor of 0.16;
VAPCR Adopted September 2011 [82]

(ii) Limit VHAP emissions from contact adhesives by achieving a 

VHAP limit for contact adhesives based on the following 

criteria:

(A) For foam adhesives (contact adhesives used for 

upholstery operations) used in products that meet the 

upholstered seating flammability requirements of 

California Technical Bulletin 116, 117, or 133, the 

Business and Institutional Furniture Manufacturers 

Association's (BIFMA's) X5.7, UFAC flammability 

testing, or any similar requirements from local, 

State, or Federal fire regulatory agencies, the VHAP

content of the adhesive shall not exceed 1.8 lb 

VHAP/lb solids, as applied; or

(B) For all other contact adhesives (including foam 

adhesives used in products that do not meet the 

standards presented in (c)(2)(ii)(A), but excluding 

aerosol adhesives and excluding contact adhesives 

applied to nonporous substrates, the VHAP content of 

the adhesive shall not exceed 1.0 lb VHAP/lb solids, 

as applied, or the equivalent. Compliance shall be 

demonstrated by either of the methods in (e)(3).

(iii) Use only strippable spray booth coatings that contain no 

more than 0.8 lb VOC/lb solids, as applied.

(3) VHAP Emission Limitations for New Sources. Each owner or operator 

of a stationary source subject to this subsection which is 

located at a major source of HAPs and which began operations on 

or after December 6, 1994 shall:

(i) Use only stains with a VHAP content of no more than 1.0 lbs 

VHAP/lb solids, as applied; washcoats, sealers, topcoats, 

basecoats and enamels with a VHAP content of no more than 

0.8 lbs VHAP/lb solids, as applied; thinners for stains, 

sealers and topcoats that contain no more than 10% VHAP by 

weight; and thinners for washcoats, basecoats and enamels 

that contain no more than 3% VHAP by weight; or the 

equivalent. Compliance shall be demonstrated by any of the 

methods in (e)(2). The formaldehyde content of a finishing 

material shall be calculated as the amount of free 

formaldehyde present in the finishing material when it is 

applied. The styrene content of a finishing material shall 

be based on an estimate of the unreacted styrene, which 

shall be calculated by multiplying the amount of styrene 

monomer in the finishing material when it is applied by a 

factor of 0.16;

(ii) Limit VHAP emissions from contact adhesives by achieving a 

VHAP limit for contact adhesives, excluding aerosol

adhesives and excluding contact adhesives applied to 

nonporous substrates, of no more than 0.2 lb VHAP/lb 

solids, as applied, or the equivalent. Compliance shall be 

demonstrated by either of the methods in (e)(3); and
VAPCR Adopted September 2011 [83]

(iii) Use only strippable spray booth coatings that contain no 

more than 0.8 lb VOC/lb solids, as applied. 

(4) Control of Emissions of Individual Hazardous Air Contaminants.

Each owner or operator of a stationary source subject to this 

subsection shall comply with Section 5-261 of this chapter with 

regards to volatile hazardous air contaminants as provided below:

(i) With regard to any volatile hazardous air contaminant whose 

emission rate from the entire stationary source is found to 

exceed its Action Level, the owner or operator shall 

achieve HMSER, as provided in subsection (2) of Section 5-

261; and

(ii) The owner or operator shall be subject to the requirements 

of subsections (3), (4) and (5) of Section 5-261, where 

applicable, except that said requirements shall not apply 

to any emissions of volatile hazardous air contaminants 

caused by the use of water based coatings or coatings cured 

by means of ultraviolet radiation provided that the owner 

or operator complies with the standards established in 

paragraphs (c)(1), (2) and (3) of this subsection.

(d) Work Practice Standards

(1) Work practice implementation plan. Each owner or operator of a 

stationary source subject to this subsection shall prepare, 

maintain and adhere to a written work practice implementation 

plan that defines environmentally desirable work practices for 

each wood furniture manufacturing operation and for all other 

finishing, gluing, cleaning and washoff operations at the source 

and addresses each of the work practice standards presented in 

sub paragraphs (2) through (11) of this paragraph. The plan shall 

be developed no more than 60 days after the compliance date for 

each subject source. The written work practice implementation 

plan shall be available for inspection by the Air Pollution 

Control Officer upon request. If the Air Pollution Control 

Officer determines that the work practice implementation plan 

does not adequately address each of the topics specified in 

paragraphs (2) through (11) of this paragraph, as applicable, or 

that the plan does not include sufficient mechanisms for ensuring 

that the work practice standards are being implemented, the Air 

Pollution Control Officer may require the owner or operator to 

modify the plan.

(2) Operator training course. Each owner or operator of a stationary 

source subject to this subsection shall train all new and 

existing personnel, including contract personnel, who are 

involved in finishing, gluing, cleaning, and washoff operations

or implementation of the requirements of this subsection. All new 

personnel shall be trained upon hiring. All existing personnel 

shall be trained within 6 months of the effective date of this 

subsection. All personnel shall be given refresher training 

annually. The owner or operator shall maintain a copy of the 
VAPCR Adopted September 2011 [84]

training program with the work practice implementation plan. The 

training program shall include, at a minimum, the following:

(i) A list of all current personnel by name and job description 

that are required to be trained;

(ii) An outline of the subjects to be covered in the initial and 

refresher training for each position or group of personnel;

(iii) Lesson plans for courses to be given at the initial and the 

annual refresher training that include, at a minimum, 

appropriate application techniques, appropriate cleaning 

and washoff procedures, appropriate equipment setup and 

adjustment to minimize finishing material usage and 

overspray, and appropriate management of cleanup wastes; 

and

(iv) A description of the methods to be used at the completion 

of initial or refresher training to demonstrate and 

document successful completion.

(3) Inspection and maintenance plan. Each owner or operator of a 

stationary source subject to this subsection shall prepare, 

maintain and adhere to a written equipment leak inspection and 

maintenance plan that specifies:

(i) A minimum visual inspection frequency of once per month for 

all equipment used to transfer or apply coatings, 

adhesives, or organic solvents;

(ii) An inspection schedule;

(iii) Methods for documenting the date and results of each 

inspection and any repairs that were made;

(iv) The timeframe between identifying the leak and making the 

repair, which adheres, at a minimum, to the following 

schedule:

(A) A first attempt at repair (e.g., tightening of 

packing glands) shall be made no later than five 

calendar days after the leak is detected; and

(B) Final repairs shall be made within 15 calendar days 

after the leak is detected, unless the leaking 

equipment is to be replaced by a new purchase, in 

which case repairs shall be completed within three 

months.

(4) Cleaning and washoff solvent accounting system. Each owner or 

operator of a stationary source subject to this subsection shall 

develop and use an organic solvent accounting form to record:

(i) The quantity and type of organic solvent used each month 

for washoff and cleaning;
VAPCR Adopted September 2011 [85]

(ii) The number of pieces washed off, and the reason for the 

washoff; and

(iii) The quantity of spent organic solvent generated from each 

washoff and cleaning operation each month, and whether it 

is recycled onsite or disposed offsite.

(5) Chemical composition of cleaning and washoff solvents. Each owner 

or operator of a stationary source subject to this subsection 

shall not use cleaning or washoff solvents that contain any of 

the pollutants listed in Table 4 to Subart JJ of 40 C.F.R. Part 

63 in concentrations subject to MSDS reporting as required by 

OSHA.

(6) Spray booth cleaning. Each owner or operator of a stationary 

source subject to this subsection shall not use compounds 

containing more than 8.0 percent by weight of VOC for cleaning 

spray booth components other than conveyors, continuous coaters 

and their enclosures, or metal filters. However, when the spray 

booth coating or other protective material used to cover the 

booth is being replaced, the owner or operator shall use no more 

than 1.0 gallon of organic solvent per booth to prepare the 

surface of the booth prior to applying the booth coating.

(7) Storage requirements. Each owner or operator of a stationary 

source subject to this subsection shall use normally closed 

containers for storing finishing, gluing, cleaning, and washoff 

materials.

(8) Application equipment requirements. Each owner or operator of a 

stationary source subject to this subsection shall not use 

conventional air spray guns to apply finishing materials, except 

as provided below:

(i) When applying finishing materials that have a VOC content 

no greater than 1.0 lb VOC/lb solids, as applied;

(ii) When performing touchup and repair under the following 

conditions:

(A) The touchup and repair occurs after completion of the 

finishing operation; or

(B) The touchup and repair occurs after the application 

of stain and before the application of any other type 

of finishing material, and the materials used for 

touchup and repair are applied from a container that 

has a volume of no more than 2.0 gallons.

(iii) When the spray gun is aimed and triggered automatically, 

not manually;

(iv) When emissions from the coating application station are 

directed to a VHAP or VOC control device;
VAPCR Adopted September 2011 [86]

(v) When the conventional air gun is used to apply finishing 

materials and the cumulative total usage of that finishing 

material is no more than 5.0 percent of the total gallons 

of finishing material used during the semiannual reporting 

period; or

(vi) When the conventional air gun is used to apply stain on a 

part for which it is technically or economically infeasible 

to use any other spray application technology and the Air 

Pollution Control Officer has approved, in writing, a 

submission from the owner or operator demonstrating such 

infeasibility on the basis, alone or in combination, that:

(1) The production speed is too high or the part shape is 

too complex for one operator to coat the part and the 

application station is not large enough to 

accommodate an additional operator; or

(2) The excessively large vertical spray area of the part 

makes it difficult to avoid sagging or runs in the 

stain.

(9) Line cleaning. Each owner or operator of a stationary source

subject to this subsection shall pump or drain all organic 

solvent used for line cleaning into a normally closed container.

(10) Gun cleaning. Each owner or operator of a stationary source

subject to this subsection shall collect all organic solvent used 

to clean spray guns into a normally closed container.

(11) Washoff operations. Each owner or operator of a stationary source

subject to this subsection shall control emissions from washoff 

operations by:

(i) Using normally closed tanks for washoff; and

(ii) Minimizing dripping by tilting or rotating the part to 

drain as much solvent as possible.

(e) Compliance procedures and monitoring requirements

(1) Each owner or operator of a stationary source subject to this 

subsection must demonstrate compliance with the provisions of 

(c)(1)(i) and (c)(1)(ii), as applicable, by using one of the 

following methods:

(i) By use of compliant topcoats and sealers, including acidcured topcoats and sealers, as demonstrated by maintaining 

current certified product data sheets for each topcoat and 

sealer and by performing, prior to use, calculations to 

account for any dilution;

(ii) By use of topcoats and sealers with a monthly weighted 

average for each that achieves the emission limitations in 
VAPCR Adopted September 2011 [87]

pounds of VOC per pound solids of 1.8 for topcoats and 1.9 

for sealers, or 2.3 for acid-cured alkyd amino vinyl 

sealers and 2.0 for acid-cured alkyd amino conversion 

varnish topcoats, as demonstrated by using the following 

formula and by maintaining current certified product data 

sheets for each topcoat and sealer and by performing, prior 

to use, calculations to account for any dilution:

VOC

i=1

n

i i

i=1

n

i

E =

M C

M





Where:

EVOC= the average VOC content of the topcoats or sealer, 

respectively, in lbs VOC/lb solids;

C = the VOC content of a particular topcoat or sealer, in 

lbs VOC/lb solids, as applied;

M = the mass of solids, in pounds, in a particular 

topcoat or sealer used during the monthly averaging 

period.

(iii) By achieving equivalent emission reductions through the use 

of a control system and monitoring requirements approved by 

the Air Pollution Control Officer; or

(iv) By achieving equivalent emission reductions through the use 

of any combination, approved by the Air Pollution Control 

Officer, of compliant topcoats and sealers, an averaging 

approach and a control system, each as provided for above.

(2) Each owner or operator of a stationary source subject to this 

subsection must demonstrate compliance with the provisions of 

(c)(2)(i) and (c)(3)(i), as applicable, by using one of the 

following methods:

(i) By use of compliant finishing materials as demonstrated by 

maintaining current certified product data sheets for each 

finishing material and by performing, prior to use, 

calculations to account for any dilution;

(ii) By use of finishing materials with a monthly weighted 

average that achieves the emission limitation in pounds of 

VHAP per pound solids of 1.0 for existing sources and 0.8 

for new sources, as demonstrated by using the following 

formula and by maintaining current certified product data 

sheets for each finishing material and by performing, prior 

to use, calculations to account for any dilution:
VAPCR Adopted September 2011 [88]

HAP

i=1

n

i i

i=1

n

i

E =

M C

M





Where:

EHAP= the average HAP content of the finishing material, in 

lbs HAP/lb solids;

C = the HAP content of a particular finishing material, 

in lbs HAP/lb solids, as applied;

M = the mass of solids, in pounds, in a particular 

finishing material used during the monthly averaging 

period.

(iii) By achieving equivalent emission reductions through the use 

of a control system and monitoring requirements approved by 

the Air Pollution Control Officer; or

(iv) By achieving equivalent emission reductions through the use 

of a combination, approved by the Air Pollution Control 

Officer, of compliant finishing materials, an averaging 

approach and a control system, each as provided for above.

(3) Each owner or operator of a stationary source subject to this 

subsection must demonstrate compliance with the provisions of 

(c)(2)(ii) and (c)(3)(ii), as applicable, by using one of the 

following methods:

(i) By use of compliant adhesives; or

(ii) By achieving equivalent emission reductions through the use 

of a control system and monitoring requirements approved by 

the Air Pollution Control Officer.

(f) Record keeping requirements. The owner or operator of a stationary 

source subject to this subsection shall maintain records of the 

following and shall retain such records for a minimum period of five 

years:

(1) A certified product data sheet for each finishing material, 

thinner, contact adhesive, and strippable spray booth coating 

used at the source.

(2) The VHAP content in lb VHAP/lb solids, as applied, of each 

finishing material, thinner, and contact adhesive used at the 

source.

(3) The VOC content in lb VOC/lb solids, as applied, of each topcoat, 

sealer, and strippable spray booth coating used at the source.

(4) The quantity of each finishing material, thinner, contact 

adhesive, and strippable spray booth coating used at the source 

each month.
VAPCR Adopted September 2011 [89]

(5) For stationary sources demonstrating compliance with (c)(1)(i), 

(c)(1)(ii), (c)(2)(i), or (c)(3)(i) through monthly averaging, 

the averaging calculation completed in accordance with (e)(1)(ii) 

and (e)(2)(ii), as applicable, for each month.

(6) For stationary sources with continuous coaters demonstrating 

compliance with (c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) 

through the use of compliant coatings where the VHAP or VOC 

content of the coating in the reservoir is not calculated from 

records, the owner or operator shall maintain records of the 

following:

(i) Solvent and coating additions to the continuous coater

reservoir;

(ii) Viscosity measurements; and

(iii) Data demonstrating that viscosity is an appropriate 

parameter for demonstrating compliance, as applicable.

(7) For stationary sources demonstrating compliance with (c)(1)(i), 

(c)(1)(ii), (c)(2)(i), or (c)(3)(i) by use of a control device, 

any records required by the Air Pollution Control Officer.

(8) The work practice implementation plan and all records associated 

with fulfilling the requirements of that plan, including, but not 

limited to:

(i) Records demonstrating that the operator training program is 

in place;

(ii) Records collected in accordance with the inspection and 

maintenance plan;

(iii) Records associated with the cleaning solvent accounting 

system;

(iv) Records associated with the limitation on the use of 

conventional air spray guns showing total finishing 

material usage and the percentage of finishing materials 

applied with conventional air spray guns for each 

semiannual period; and

(v) Copies of documentation such as logs developed to 

demonstrate that the other provisions of the work practice 

implementation plan are followed.

(9) All compliance status reports and all other information submitted 

with those reports.

(g) Reporting requirements.

(1) The owner or operator of a stationary source subject to this 

subsection shall submit a semi-annual compliance status report 
VAPCR Adopted September 2011 [90]

covering the previous 6 months of wood furniture manufacturing 

operations. The semiannual reports shall cover the periods 

January 1 through June 30 and July 1 through December 31. The 

first report shall be submitted within 30 calendar days after the 

end of the 6-month period in which the source becomes subject to 

this subsection. Subsequent reports shall be submitted within 30 

calendar days after the end of the 6-month reporting periods. The 

semiannual reports shall include: 

(i) For stationary sources demonstrating compliance with 

(c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) through the 

use of compliant coatings, a statement that compliant 

coatings and thinners have been used each day in the 

semiannual reporting period;

(ii) For stationary sources demonstrating compliance with 

(c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) through 

monthly averaging, the averaging calculations completed in 

accordance with (e)(1)(ii) and (e)(2)(ii), as applicable, 

for each month within the semiannual reporting period and a 

statement that the source is in compliance with the 

respective standard;

(iii) For stationary sources with continuous coaters 

demonstrating compliance with (c)(1)(i), (c)(1)(ii), 

(c)(2)(i) or (c)(3)(i) through the use of compliant 

coatings:

(A) A statement that compliant coatings, as determined by 

the VHAP or VOC content of the coating in the 

reservoir and the VHAP or VOC content as calculated 

from records, and compliant thinners have been used 

each day in the semiannual reporting period; or

(B) A statement that compliant coatings, as determined by 

the VHAP or VOC content of the coating in the 

reservoir, have been used each day in the semiannual 

reporting period. Additionally, a statement that the 

viscosity of the coating in the reservoir has not 

been less than the viscosity of the initial coating, 

that is, the coating that is initially mixed and 

placed in the reservoir, for any day in the 

semiannual reporting period.

A stationary source is in violation of the standard 

when a sample of the as-applied coating exceeds the 

applicable limit, as determined using EPA Method 311 

and/or Method 24, or the viscosity of the coating in 

the reservoir is less than the viscosity of the 

initial coating.

(iv) For stationary sources demonstrating compliance with 

(c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) by use of a 

control device, an excess emissions report that includes 

all elements required by the Air Pollution Control Officer.
VAPCR Adopted September 2011 [91]

(v) For stationary sources demonstrating compliance with 

(c)(2)(ii), or (c)(3)(ii) through the use of compliant 

contact adhesives, a statement that compliant contact 

adhesives have been used each day in the semiannual 

reporting period;

(vi) For stationary sources demonstrating compliance with 

(c)(2)(ii), or (c)(3)(ii) by use of a control device for 

contact adhesives, an excess emissions report that includes 

all elements required by the Air Pollution Control Officer.

(vii) A statement that compliant strippable spray booth coatings 

have been used each day in the semiannual reporting period;

(viii)A statement that the work practice implementation plan is 

being followed; and

(ix) If the stationary source was in violation of any provision 

of this subsection, the measures taken to bring the source 

into compliance.

(h) Compliance. A stationary source subject to this subsection shall be in 

compliance on or before the effective date of this rule, immediately 

upon commencement of operation, or when the source becomes subject to 

this subsection, whichever occurs later.

NOTE: Section 5-253.16 became effective on March 1, 2004.

5-253.17 Reserved.

5-253.18 Reserved.

5-253.19 Reserved.

5-253.20 Other Sources That Emit Volatile Organic Compounds

(a) Applicability.

(1) This subsection shall apply to any operation that emits VOCs and 

that is not subject to any other subsection of Section 5-253. A 

source is subject to this subsection if it has operations or 

processes not otherwise regulated under Section 5-253, that, as a 

group, have allowable emissions of 50 tons or more of VOCs per 

calendar year since January 1, 1990.

(2) Any source that becomes or is currently subject to the provisions 

of this subsection by exceeding the applicability threshold shall 

remain subject to the provisions of this subsection even if its 

emissions later fall below the applicability threshold.

(3) This subsection does not apply to fuel combustion sources or

waste water treatment plants.
VAPCR Adopted September 2011 [92]

(b) Standards. The owner or operator of any operation at a source subject 

to this subsection shall:

(1) Install and operate emission capture and control techniques or 

use complying coatings that achieve an overall reduction in 

uncontrolled VOC emissions of at least 81 weight percent;

(2) For any coating unit, limit the daily weighted average VOC 

content to 3.5 pounds of VOC per gallon or less of coating, as 

applied (excluding water and exempt compounds) as calculated in 

accordance with methods specified by the Air Pollution Control 

Officer; or

(3) Comply with an alternative control plan approved by the Air

Pollution Control Officer. The alternative control plan shall 

contain, at a minimum, the following:

(i) An inventory of all VOC emitting equipment at the facility;

(ii) An inventory of all affected VOC-emitting equipment at the 

facility not exempt under paragraph (a)(3), and the maximum 

capacity of each piece of nonexempt VOC emitting equipment;

(iii) The actual amount of VOC emitted each day from each piece 

of equipment subject to this section;

(iv) An examination of the technical and economic feasibility of 

available add-on control devices for all VOC emitting 

equipment;

(v) An examination of the technical and economic feasibility of 

changing to low VOC emitting processes;

(vi) The control option selected, stating the emission limits 

and test methods used to demonstrate compliance;

(vii) The proposed amount of VOC to be controlled from each 

affected piece of VOC emitting equipment; and

(viii)An implementation schedule, including a schedule for 

compliance.

(c) Record keeping and reporting. The Air Pollution Control Officer may 

require the owner or operator of any operation at a source complying 

with this subsection to perform such compliance testing, keep such 

records and furnish such reports as necessary to demonstrate continuing 

compliance with this subsection.

(d) Compliance.

(1) The owner or operator of a source subject to this subsection 

shall achieve compliance with the standards in paragraph (b) of 

this subsection or file an approved alternative control plan with 

the Agency by November 15, 1993.
VAPCR Adopted September 2011 [93]

(2) The owner or operator of a source subject to an approved 

alternative control plan shall achieve compliance with said plan 

as expeditiously as practicable, but no later than November 15, 

1994.

(e) Exemptions

(1) Each affected facility that has not emitted 50 tons of VOC per 

calendar year since January 1, 1990, shall be exempt from the 

requirements of paragraph (b) provided that the owner or operator 

submits a report to the Agency that contains the following:

(a) The actual amount of VOC emitted from each piece of 

affected VOC-emitting equipment in each calendar year 

beginning on January 1, 1990;

(b) The design and operation of the affected VOC-emitting 

equipment; and

(c) Any other information that the Agency may require to 

establish enforceable conditions.

(2) The Agency shall issue an order to the owner or operator which 

shall contain, but is not limited to, enforceable short-term 

limits on hours of operation, raw material use, or operational 

variables to effectively limit the emissions from the source to a 

maximum of 4.16 tons per month.

5-261 CONTROL OF HAZARDOUS AIR CONTAMINANTS

(1) Applicability

(a) No person shall discharge, or cause or allow the discharge of, 

emissions of any hazardous air contaminant, except in conformity 

with the provisions of this section. Any stationary source whose 

actual emission rate of a contaminant is below the Action Level 

for such contaminant specified in Appendix C of these regulations 

shall not be subject to this section for that contaminant. In the 

case of a stationary source with multiple process units, the 

actual emissions of a contaminant from the entire stationary 

source shall be compared to the appropriate Action Level to 

determine the applicability of this section. If the increase in 

emissions from a modification of such a stationary source, in 

conjunction with all other emissions from the source, would 

result in an exceedance of an Action Level, the modification

shall be subject to this section.

(b) The 2007 amendments to Appendix C of these regulations shall take 

effect 15 days after adoption is complete, unless a stationary 

source operating in conformity with the provisions of this 

section and Appendix C in effect prior to the 2007 amendments 

requests an extension by providing the Secretary with an 

alternative timetable and compelling justifications for such 

timetable and the request for the extension is approved by the 

Secretary.
VAPCR Adopted September 2011 [94]

(c) The following categories of air contaminant sources or sources 

engaged in the following activities are exempt from the 

requirements of Section 5-261:

(i) Operations conducted for the purpose of spraying or 

applying agricultural herbicides, pesticides, insecticides, 

or other agricultural chemicals under a program approved by 

the Vermont Department of Agriculture; and

(ii) Solid fuel burning equipment (not including incinerators) 

installed or constructed prior to January 1, 1993, and all 

fuel burning equipment which combusts virgin liquid or 

gaseous fuel.

(2) Hazardous Most Stringent Emission Rate

For each hazardous air contaminant listed in Appendix B herein and 

emitted by a stationary source, the source shall apply control 

technology, production processes or other techniques adequate to 

achieve the hazardous most stringent emission rate (HMSER). Once the 

Secretary has determined HMSER for a stationary source and this 

determination has been included in an order or agreement entered into 

or issued under the authority of the Act, 3 V.S.A. §2822 or other State 

statutes, said determination shall remain in effect for five years, 

unless the source is modified or reconstructed during said five years. 

At the end of said five years, the determination shall expire unless 

the source demonstrates to the Secretary that such emission rate still 

represents HMSER.

(3) Air Quality Impact Evaluation

The Secretary may require any person subject to this section to submit 

to him or her an air quality impact evaluation which shall demonstrate 

whether the actual emissions from the source, in conjunction with

emissions from all other sources, will or will not cause or contribute 

to ambient air concentrations in excess of any Hazardous Ambient Air 

Standard as set forth in Appendix C of these regulations. Said 

evaluation shall be performed in accordance with the Agency's air 

quality impact evaluation guidelines (revised November 20, 1992) and 

shall include an analysis of ambient air monitoring data for each 

contaminant evaluated, if reliable and representative data exists. In 

determining whether such an impact evaluation is warranted, the 

Secretary shall take into consideration the following factors:

(a) The degree of toxicity of the air contaminant and the emission

rate;

(b) The proximity of the source to residences, population centers and 

other sensitive human receptors; and

(c) Emission dispersion characteristics at or near the source, taking 

into account the physical location of the source relative to 

surrounding buildings and terrain.
VAPCR Adopted September 2011 [95]

(4) Hazardous Ambient Air Standards 

No person shall discharge, or cause or allow the discharge of, any 

hazardous air contaminants from a stationary source which cause or 

contribute to ambient air concentrations in excess of any Hazardous 

Ambient Air Standard.

(5) Special Procedures for Contaminants In Appendix C, Category I

(a) Notwithstanding any other provisions of Section 5-261, beginning 

January 1, 1993, no person shall discharge, or cause or allow the 

discharge of, any Appendix C, Category I contaminants from a 

stationary source which would exceed any stationary source

hazardous air impact standard. Emissions subject to this 

subsection shall not be subject to the requirements of 

subsections (3) or (4) of this section.

(b) The Secretary may require the owner or operator of a stationary 

source subject to this section with respect to emissions of any 

Appendix C, Category I contaminant to submit to the Secretary an 

air quality impact evaluation which shall demonstrate whether the 

actual emissions from the subject source will violate subsection 

(5)(a) of this section. Said evaluation shall be performed in 

accordance with the Agency's air quality impact evaluation

guidelines (revised November 20, 1992).

(c) If the Secretary determines, through air quality monitoring, that 

the annual concentration of a contaminant listed in Appendix C, 

Category I has exceeded its hazardous ambient air standard, the 

Secretary shall adopt a Toxic Action Plan (TAP) for the 

contaminant. Each TAP shall contain a strategy to reduce ambient 

air concentrations of the contaminant. The Secretary may also 

adopt TAPs for other hazardous air contaminants.

(6) Interim Standards

(a) If any stationary source emits or proposes to emit a hazardous 

air contaminant which is not listed in Appendix B of these 

regulations, the Secretary shall determine an interim Hazardous 

Ambient Air Standard or interim Stationary Source Hazardous Air 

Impact Standard, if appropriate and an interim Action Level for 

said contaminant, provided that sufficient health data are 

available. In that event, such source shall be subject to all 

requirements of this section in the same manner as if said 

contaminant were listed in Appendices B and C herein. Such 

interim standards shall remain in effect until revised by 

rulemaking or adjusted in accordance with this subsection.

(b) If additional scientific data becomes available that warrants 

adjusting a standard, including default values, for a chemical or 

compound listed in Appendices B and C herein, the data along with 

the underlying studies may be submitted to the Secretary for 

review. After evaluating such information in consultation with 

the Department of Health, the Secretary may on a case-by-case 

basis adjust the standard or maintain the existing standard for 
VAPCR Adopted September 2011 [96]

the chemical or compound. If the Secretary adjusts the standard, 

the interim standard shall remain in effect until revised by 

rulemaking or adjusted in accordance with this subsection.

(c) Prior to making a determination under (a) or (b) of this 

subsection, the Secretary may provide an opportunity for public 

participation in such manner as determined in the discretion of 

the Secretary, including public notification on the Agency’s 

website.

5-271 CONTROL OF AIR CONTAMINANTS FROM STATIONARY RECIPROCATING INTERNAL 

COMBUSTION ENGINES 

(a) Applicability.

(1) 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. 

(2) 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, 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.

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

emission of oxides of nitrogen from any stationary reciprocating 

internal combustion engine subject to this subsection in excess 

of 6.9 grams per brake horsepower hour.

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

emission of carbon monoxide from any stationary reciprocating 

internal combustion engine subject to this subsection in excess 

of 8.5 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 0.40 grams per brake horsepower hour.

(c) Tier 2 Standards for Stationary Reciprocating Internal Combustion 

Engines Combusting Liquid or Gaseous Fossil Fuel.
VAPCR Adopted September 2011 [97]

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

emission of oxides of nitrogen from any stationary reciprocating 

internal combustion engine subject to this subsection in excess 

of 4.8 grams per brake horsepower hour.

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

emission of carbon monoxide from any stationary reciprocating 

internal combustion engine subject to this subsection in excess 

of 2.6 grams per brake horsepower hour.

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

emission of particulate matter from any stationary reciprocating 

internal combustion engine subject to this subsection in excess 

of 0.15 grams per brake horsepower hour.

(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 40 C.F.R. 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.
VAPCR Adopted September 2011 [98]

SUBCHAPTER III. AMBIENT AIR QUALITY STANDARDS

5-301 SCOPE

The ambient air quality standards contained in this subchapter are based on 

national ambient air quality standards, with the exception of sulfates which 

are a state standard only. The primary standards define levels of air quality 

judged adequate to protect the public health. The secondary standards define 

levels of air quality judged adequate to protect the public welfare, to 

prevent injury to animal or plant life or property, and to prevent 

unreasonable interference with the enjoyment of life or property.

5-302 SULFUR OXIDES (SULFUR DIOXIDE) 

The ambient air quality standards for sulfur oxides, measured as sulfur 

dioxide in accordance with 40 C.F.R. Part 50, are:

75 parts per billion (ppb), with a 1-hour averaging time and a form of 

the 99th percentile of 1-hour daily maximum concentrations, averaged 

over 3 years (Primary Standard).

0.5 parts per million (ppm), with a 3-hour averaging time and a form that is 

not to be exceeded more than once per year (Secondary Standard).

5-303 RESERVED

5-304 PARTICULATE MATTER PM2.5 (

The ambient air quality standards for particulate matter PM2.5, measured in 

accordance with 40 C.F.R. Part 50, are:

35 micrograms per cubic meter (μg/m3), with a 24-hour averaging time and 

a form of the 98th percentile, averaged over 3 years (Primary and 

Secondary Standard).

12 micrograms per cubic meter (μg/m3), with an annual averaging time and 

a form of the annual mean averaged over 3 years (Primary Standard).

15 micrograms per cubic meter (μg/m3), with an annual averaging time and 

a form of the annual mean averaged over 3 years (Secondary Standard).

5-305 RESERVED

5-306 PARTICULATE MATTER PM10

The ambient air quality standards for particulate matter PM10, measured in 

accordance with 40 C.F.R. Part 50, are:

150 micrograms per cubic meter (μg/m3), with a 24-hour averaging time 

and a form not to be exceeded more than once per year on average over 3 

years (Primary and Secondary Standard).
VAPCR Adopted September 2011 [99]

5-307 CARBON MONOXIDE 

The ambient air quality standards for carbon monoxide, measured in accordance 

with 40 C.F.R. Part 50, are: 

35 parts per million (ppm), with a 1-hour averaging time and a form not 

to be exceeded more than once per year (Primary Standard).

9 parts per million (ppm), with an 8-hour averaging time and a form not 

to be exceeded more than once per year (Primary Standard).

5-308 OZONE 

The ambient air quality standards for ozone, measured in accordance with 40 

C.F.R. Part 50, are: 

0.075 parts per million (ppm), with an 8-hour averaging time and a form 

of the annual fourth-highest daily maximum 8-hour concentration, 

averaged over 3 years (Primary and Secondary Standard).

5-309 NITROGEN DIOXIDE 

The ambient air quality standards for nitrogen dioxide, measured in 

accordance with 40 C.F.R. Part 50, are: 

100 parts per billion (ppb), with a 1 hour averaging time, and a form 

of the 98th percentile, averaged over 3 years (Primary Standard).

53 parts per billion (ppb), with an annual averaging time, and a form 

of the annual mean (Primary and Secondary Standard).

5-310 LEAD 

The ambient air quality standards for lead and its compounds, measured in 

accordance with 40 C.F.R. Part 50, are: 

0.15 micrograms per cubic meter (μg/m3), with a rolling 3-month average 

averaging time and a not-to-be-exceeded form, evaluated over a 3-year 

period (Primary and Secondary Standard).

5-311 RESERVED

5-312 SULFATES

The ambient air quality standards for sulfates, measured by methods approved 

by the Air Pollution Control Officer, are:

2 μg/m3 - maximum 24-hour concentration (Secondary Standard).

2 μg/m3 - summer seasonal arithmetic mean, April to September inclusive

(Secondary Standard).

These standards shall apply in any area defined as a sensitive area under 

these regulations.
VAPCR Adopted September 2011 [100]
VAPCR Adopted September 2011 [101]

SUBCHAPTER IV. OPERATIONS AND PROCEDURES

5-401 CLASSIFICATION OF AIR CONTAMINANT SOURCES

(a) Except as provided in Section 5-401(b) below, 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

(2) Hot-mix asphalt plants

(3) Electrical power generation facilities

(4) Wood products industries

(5) Mineral product crushing operations comprised of any fixed sand and 

gravel plant or crushed stone plant with a maximum rated capacity of 

greater 25 tons per hour, or any portable sand and gravel plant or 

crushed stone plant with a maximum rated capacity of greater than 150 

tons per hour.

(6) Fuel burning installations:

(a) 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.

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

(c) 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 shall not be 

classified as air contaminant sources for purposes of Section 5-

501 of these regulations.

(7) Metal melting and reclamation furnaces

(8) Metal fabrication processes

(9) Surface finishing and coating operations, including application of 

paints, lacquers, solvents and related materials
VAPCR Adopted September 2011 [102]

(10) Petroleum or petro-chemical processing or marketing

(11) Manufacturing, processing and application of chemicals, including the 

processing or application of plastics, rubbers or resins

(12) Operations involving the handling or transferring of sand or dust 

producing materials

(13) Kraft pulping processes

(14) Leather tanning and finishing operations

(15) Animal byproduct processes

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

are subject to regulation, which would otherwise be subject to 

permitting requirements pursuant to the Clean Air Act, as amended (42 

U.S.C. 7401, et seq.)

(17) Such other sources as may be designated as air contaminant sources by 

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

(b) Unless otherwise required by the Air Pollution Control Officer, any 

stationary source with actual emissions from the entire source of less 

than five (5) tons per year of all air contaminants combined and that 

is not engaged in the operations, processes, or activities identified 

above in Section 5-401(a)(1), (2), (5), (6), (13), (16), or (17) shall 

not be classified as an air contaminant source provided that the 

owner/operator maintains records that are adequate for the Air 

Pollution Control Officer to verify actual emissions for three (3) 

years and makes such records available to the Air Pollution Control 

Officer upon request.

5-402 WRITTEN REPORTS WHEN REQUESTED

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.

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.
VAPCR Adopted September 2011 [103]

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 C.F.R. Part 60, Appendix A, or other methods approved by the Air 

Pollution Control Officer. Testing to determine the quantity of 

particulate matter emissions from cyclones shall be performed by using 

the high volume sampling method, or an equivalent method approved by 

the Air Pollution Control Officer.

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

or her own to determine compliance with the emission limits of these 

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

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

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

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

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

he or she may require to establish test conditions.

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

testing required under this section shall be approved by the Air 

Pollution Control Officer.

5-405 REQUIRED AIR MONITORING

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

any air contaminant source to install, use and maintain such monitoring 

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

such periodic emission reports as the Officer shall prescribe.

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

monitoring required under this section shall be approved by the Air 

Pollution Control Officer.

5-406 REQUIRED AIR MODELING

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

any proposed air contaminant source subject to review pursuant to 

Section 5-501 herein to conduct dispersion or other air quality 

modeling and to submit an air quality impact evaluation to demonstrate 

that operation of the proposed source as described to the Air Pollution 

Control Officer will not directly or indirectly result in a violation 

of any ambient air 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 in 40 C.F.R. Part 51 Appendix W.
VAPCR Adopted September 2011 [104]
VAPCR Adopted September 2011 [105]

SUBCHAPTER V. REVIEW OF NEW AIR CONTAMINANT SOURCES

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

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

installation or modification of any stationary source classified as an 

air contaminant source under Section 5-401 herein, unless he or she

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

Secretary.

(2) A complete application shall contain such plans, specifications, and 

other information as the Secretary deems necessary in order to 

determine whether the proposed construction, installation or 

modification will comply with these regulations and Vermont statutes at 

Title 10, chapter 23. Other information may include analyses of the 

impact on any Class I area, including visibility and any other air 

quality related value specified by the Federal Land Manager, and 

comments, if any, from the Federal Land Manager.

(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. 

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

proposed construction, installation, or modification of an air 

contaminant source will be in compliance with all requirements of these 

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

Secretary determines that the proposed construction, installation or 

modification will not be in compliance with all requirements of these 

regulations and Vermont statutes at Title 10, chapter 23, the Secretary 

shall deny the permit and shall notify the applicant in writing of the 

reasons for the denial.

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

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

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

any applicable prevention of significant deterioration increment (Table 

2), or if such source is located within 10 kilometers of a Class I area 

and will have an impact on such Class I area of equal to or greater 

than 1 ug/m3 (24-hour average) for any air contaminant, such air 

contaminant shall be considered significant and such source will be 

treated as a major stationary source or a major modification for the 

purposes of its review under these regulations. With regard to a 

modification of a source, the allowable emission increases mean the 

difference between the source's actual emissions before the 

modification and its allowable emissions after the modification.

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

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

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

the Federal Land Manager. Such notice shall be provided at least sixty 

(60) days before holding a public informational meeting.
VAPCR Adopted September 2011 [106]

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

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

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 content of the notice shall identify:

(i) The name and address of the air contaminant source and the 

owner/operator;

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

designee;

(iii) 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;

(iv) The name, mailing address, email address, and telephone 

number of a person from whom interested persons may obtain 

additional information, including the completed application 

form, the draft construction permit, the Agency's analysis, 

comments or analyses submitted by a Federal Land Manager of 

the effect of the construction or modification on the 

ambient air quality, and all other materials available to 

the Secretary which are relevant to the construction permit 

application.

(v) A brief description of the comment procedures required by 

this section; and 

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

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

meeting.

(c) If required by 40 C.F.R. §51.166(q)(2)(iv), the Secretary will 

send a copy of the notice to the applicant, the EPA Regional 

Administrator, and to officials and agencies having cognizance 

over the location where the proposed construction would occur,

including: any other State or local air pollution control

agencies, the chief executives of the city or town and county 

where the source would be located, any comprehensive regional 

land use planning agency, and any State, Federal Land Manager, or

Indian Governing body whose lands may be affected by emissions 

from the source or modification.

(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 
VAPCR Adopted September 2011 [107]

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 

subject source or in an electronic state publication designed to 

give notice to the public. 

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

the issues raised during the public comment period and the public 

informational meeting, if conducted, take into consideration such 

comments, and make all comments available for public inspection 

in the same location that the application, draft permit, and 

other materials relevant to the construction permit application 

are made available.

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

comment period or public informational meeting pursuant to this 

section jointly and concurrently with any public comment period 

or public informational meeting pursuant to Section 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) Nothing in this section or no action taken under this section shall be 

construed as relieving any person from compliance with any emission

standard prescribed in these regulations or with any other provision of 

law.

5-502 MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS
VAPCR Adopted September 2011 [108]

(1) Applicability

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

modifications which are constructed subsequent to July 1, 1979 

and are subject to review under Section 5-501 herein.

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

(i) Which individually are not subject to review under this 

section,

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

their review under this section, and

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

modification in planned incremental phases previously 

approved by the Secretary.

All such increments shall be added together for determining the 

applicability of this section.

(2) Prohibition

No person shall initiate construction of any major stationary source or 

major modification until the applicable requirements of this section 

have been complied with and a permit approving construction has been 

issued in accordance with Section 5-501 herein.

(3) Most Stringent Emission Rate

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

adequate to achieve the most stringent emission rate with 

respect to those air contaminants for which it would have 

significant allowable emissions.

(ii) Each major modification shall apply control technology 

adequate to achieve the most stringent emission rate with 

respect to any air contaminant for which there would be a 

significant increase in actual emissions at the source, but 

only for those proposed physical or operational changes 

which would contribute to increased emissions of the air 

contaminant.

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

information at the time it applies for approval to construct to 

establish that the most stringent emission rate will be achieved.

(4) Air Quality Impact Evaluation

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

any air contaminant other than 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. 
VAPCR Adopted September 2011 [109]

(b) Ambient Air Quality Standards review: The evaluation shall 

demonstrate that the increase in allowable emissions will not 

cause a violation 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 any area that 

does not or would not meet the applicable ambient air quality 

standard for the above air contaminants. A source or modification

will be considered to significantly contribute to, a violation of 

any ambient air quality standard for the above air contaminants

if the increase in the allowable emissions from the source or 

modification will cause an increase in ambient concentrations of 

the above air contaminants in any area that does not or would not 

meet the applicable ambient air quality standard 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) Prevention of Significant Deterioration (PSD) Increment review: 

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) Sensitive Area review: The evaluation shall demonstrate that the 

increase in allowable emissions will not cause an adverse impact 

on visibility, or interfere with reasonable progress toward 

remedying of existing man-made visibility impairment, in any 

sensitive area. 

(e) Class I Federal Area review: The evaluation shall demonstrate 

that the increase in allowable emissions will not cause an 

adverse impact on visibility or any other Air Quality Related 

Value in any Class I Federal area.. 

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

section shall be prepared in accordance with procedures 

acceptable to the Secretary and with Section 5-406 of these 

regulations. The evaluation shall exclude the effect of that 

portion of the height of any stack which exceeds good engineering 

practice and the effect of any other dispersion technique.

(5) Increment Allocation

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

demonstrate that the increase in allowable emissions thereunder 

will not consume more than 25% of the remaining annual PSD
VAPCR Adopted September 2011 [110]

increment, nor more than 75% of the remaining 24 hour PSD

increment for the specified air contaminants.

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

determined by the Secretary.

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

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

shall be allocated in accordance with procedures established by 

the Secretary, which may provide for local or regional 

participation.

(6) Emission Reductions

(a) The Secretary shall not issue 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)(b), that the increase in allowable emissions from 

it will not significantly contribute to a violation of any 

applicable ambient air quality standard in a designated 

nonattainment area unless, prior to issuance of any such permit:

(i) The source owner or operator secures legally binding 

offsetting emission reductions of said air contaminant, not 

otherwise to be utilized as part of the State's attainment 

strategies, from existing sources located in or impacting 

on the same area (whether or not under the same ownership) 

such as to provide a net emission reduction acceptable to 

the Secretary, and

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

sources of the source owner located in the State are in 

compliance with all applicable rules or are meeting all 

steps of any compliance schedules contained in any 

administrative orders or court decrees.

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

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

shall not issue 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 

C.F.R. §51.165 as applicable to the Ozone Transport Region

unless, prior to issuance of such permit, the owner or operator 

of said source shall:

(i) Secure legally binding offsetting emission reductions (not 

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

applicable, from existing sources;

(ii) Obtain an offset ratio of a minimum of 1.15:1; 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 
VAPCR Adopted September 2011 [111]

compliance with all applicable emissions limitations and 

standards.

(c) Only emission reductions that meet the following criteria shall 

be eligible for use as offsetting emission reductions under 

Section 5-502(6):

(i) Except for ozone precursors, 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 VOCs can be used to offset emissions of 

each other if approved by the Secretary and EPA on a caseby-case basis;

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

1990, or within ten years previous to the date of any 

application under this section in which the reduction is 

proposed to be used, whichever is more recent; and

(iii) The emissions reductions must be emission reductions

credits pursuant to Subsection 5-502(7) or ERCs generated 

in another state where a reciprocal trading agreement has 

been established between Vermont and such other state.

(7) Emission Reduction Credits

(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 reductions that meet the following eligibility 

criteria shall be certified as ERC's:

(i) 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. 

(ii) Emission reductions shall be real, surplus, quantifiable, 

permanent, and state and federally enforceable.

(iii) 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.
VAPCR Adopted September 2011 [112]

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

the reductions have actually occurred.

(c) An application for certification shall be submitted within 18 

months after the emission reduction occurs.

(d) In order to confirm emission reductions claimed in conjunction 

with an application for ERC certification, the Secretary may 

require the submission of production, fuel use or other records 

or emissions testing or the use of continuous emissions

monitoring or other appropriate means of measurement. The same or 

an equivalent method of measurement shall be used to quantify 

emissions both before and after the reduction.

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

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

in such other state.

(8) Ambient Air Quality Monitoring

(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 at least 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, but not less than four (4) 

months, 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. 

(9) Alternative Site Analysis

Any source or modification subject to this section that would be 

constructed in an area designated as non-attainment for a pollutant for

which the source or modification is major, shall conduct an analysis 

of alternative sites, sizes, production processes and environmental
VAPCR Adopted September 2011 [113]

control techniques for such proposed source that demonstrates that the 

benefits of the proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, 

construction or modification. 

5-503 [REPEALED] Repealed eff. February 8, 2011.

5-504 PERMIT FEES

(1) Applicability

(a) Except as provided in 3 V.S.A. §2822(i) and 32 V.S.A. §710, 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 source shall submit permit fees 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, permit fees

shall be submitted in accordance with this section.

(2) Base Permit Fee

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

and each request to amend a permit required by Section 5-501(1)

of this subchapter.

(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. 

(d) The entire base permit fee shall be nonrefundable.

(3) Supplementary Fee

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

stationary source that is not a major stationary source.

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

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

(c) The Secretary shall not issue a permit or grant a permit 

amendment until all supplementary fees are paid in full. 

(d) Once the Secretary makes a completeness determination under 

Section 5-501 of this subchapter, the entire amount of any 

assessed supplementary fees submitted before or after such 

determination shall be nonrefundable.

5-505 FALSE OR MISLEADING INFORMATION
VAPCR Adopted September 2011 [114]

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.
VAPCR Adopted September 2011 [115]

SUBCHAPTER VI. RULES OF PRACTICE GOVERNING HEARINGS UNDER THE AIR

POLLUTION CONTROL ACT

5-601 SCOPE OF THIS SUBCHAPTER

The provisions of this subchapter shall govern all hearings before the 

Secretary pursuant to the provisions of the Act and of 3 V.S.A. §2822 

concerning orders prohibiting the construction or installation of new air 

contaminant sources, enforcement action against violating sources, air 

pollution emergencies, and declaratory rulings. This subchapter shall also 

govern the procedures for submission to and consideration by the Secretary of 

petitions for rule-making pursuant to 3 V.S.A. §806.

5-602 PARTIES

The following persons shall be considered parties to a case under these 

rules:

(1) Any person aggrieved by an order issued pursuant to Section 556 of the 

Act which prohibits the construction or installation of a new air 

contaminant source;

(2) A person named in any enforcement order issued pursuant to Section 559 

of the Act or named in any notice to appear before the Secretary to 

answer charges thereunder;

(3) The Attorney General in connection with any Assurance of Discontinuance 

of any violation of the Act or regulations accepted pursuant to 3 

V.S.A. §2822.

(4) A person named in any order to reduce or discontinue emissions of air 

contaminants issued pursuant to Section 560 of the Act;

(5) Any person submitting a petition for a declaratory ruling on which a 

hearing is held by the Secretary pursuant to Rule 5-604 herein;

(6) Any person who adequately demonstrates that his interest may be 

adversely affected by a final order of the Secretary.

5-603 PLEADINGS AND DOCUMENTS; FILING AND SERVICE THEREOF

(1) All pleadings addressed to the Secretary or other documents filed in 

cases shall be on paper measuring eight and one-half by eleven inches. 

Filing with the Secretary shall be deemed to occur when a document is 

received by the Secretary except that filing shall also be deemed to 

occur upon receipt by the hearing officer when a document is submitted 

to the hearing officer during a hearing.

(2) A petition or other pleading initiating a case under these rules shall 

be signed by the petitioner or an officer thereof and shall be filed 

with the Secretary in triplicate.

(3) The initial pleading shall contain the following:
VAPCR Adopted September 2011 [116]

(a) A reference to the order by which the petitioner is aggrieved, or 

to the provisions of the Act or regulations of which the 

petitioner is alleged to be in violation or which are otherwise 

at issue.

(b) A concise statement of the relief sought and the reasons 

therefore.

(4) Service of the initial pleading upon each other party entitled to be 

served a copy will be completed by the Secretary.

(5) In his discretion the Secretary may treat any written communication to 

him concerning a matter within his jurisdiction as a pleading 

initiating a case for determination.

(6) Every document or paper filed by any party subsequent to the initial 

pleading in a case shall be served upon the attorneys of record for all 

other parties and upon all parties who have appeared for themselves. 

Service upon an attorney or upon a party shall be made by delivering a 

copy to him or by mailing it to him at his last known address. Delivery 

of a copy means handing it to the attorney or to the party, or leaving 

it at his office with the person in charge thereof or if the office is 

closed or the person to be served has no office, leaving it at his 

dwelling house or usual place of abode with some person of suitable age 

and discretion then residing therein. Service by mail shall mean firstclass mail, in a sealed and properly stamped envelope. Service by mail 

is deemed complete upon posting the mail in a proper United States post 

office receptacle. The document or paper shall contain an attorney's 

certificate, or an affidavit of a party, stating upon whom, and the 

means by which, the document has been served.

5-604 PETITIONS FOR RULE-MAKING AND DECLARATORY RULINGS

(1) Petitions for the promulgation, amendment or repeal of any rule will be 

entertained by the Secretary. Such petitions shall be signed by the 

petitioner and filed with the Secretary as provided in Rule 5-603(1)

herein.

(a) Petitions shall describe the requested nature and elements of the 

proposed or amended rule as fully as possible or may suggest 

appropriate wording for the rule. Where the petition requests the 

amendment or repeal of a rule presently in effect, the rule or 

portion of the rule in question shall be set out or cited. The 

petition shall also include all reasons for the requested 

promulgation, amendment or repeal of the rule.

(b) Within 30 days after submission of a petition, the Secretary

either will deny the petition in writing (stating his reasons for 

the denial) or will initiate rule-making proceedings in 

accordance with 3 V.S.A. §803.

(2) Petitions for declaratory rulings as to the applicability of any 

statutory provision or of any rule or order of the Secretary will be 

entertained by the Secretary. Such petitions shall be filed with the 

Secretary pursuant to Rule 5-603 herein and will be considered and 
VAPCR Adopted September 2011 [117]

disposed of promptly. After due consideration of the petition, the 

Secretary will:

(a) Issue a declaratory ruling; or

(b) Notify the petitioner that no declaratory ruling is to be issued; 

or

(c) Hold a hearing on the petition in accordance with these rules.

5-605 APPEARANCES

(1) A party to a case under these rules may appear for himself or he may be 

represented by an attorney admitted to practice in the state of 

Vermont.

(2) Upon the filing of a petition or other pleading initiating a case under 

these rules, the name of the attorney or person who has signed such 

pleading will be entered on the docket of the Secretary. Except for 

appearances entered during a hearing, all other appearances by 

attorneys or persons appearing for themselves shall be by notice in 

writing filed with the Secretary and served pursuant to Rule 5-603

herein.

(3) All notice given to or by an attorney of record for a party shall be 

considered in all respects as notice to or from the party represented 

by such attorney.

(4) When an attorney has entered his appearance for a party, he shall 

remain counsel for such party until he has been granted leave to 

withdraw by order of the Secretary.

(5) An attorney not residing or not admitted to practice in the state of 

Vermont may appear for a party if he is associated with a resident and 

admitted attorney who has entered his appearance for the same party.

5-606 PRE-HEARING CONFERENCES

(1) The Secretary or the hearing officer may hold such pre-hearing 

conferences, upon due notice, as may be useful in expediting hearings 

held under these rules. The purpose of such pre-hearing conferences 

shall be to:

(a) Clarify the issues in controversy.

(b) Identify documents, witnesses and other offers of proof to be 

presented at a hearing by any party.

(c) Obtain such stipulations of parties as to issues, offers of proof 

and other matters as may be appropriate.

(2) The results of any pre-hearing conference including any orders shall be 

in writing and signed by the Secretary or the hearing officer, and 

copies shall be forwarded to all parties to the case at least 5 days 

prior to a hearing. Parties who have received notice of the pre-hearing 
VAPCR Adopted September 2011 [118]

conference shall be bound by the pre-hearing order except upon showing 

of cause, filing of timely objection or if fairness requires otherwise.

5-607 SUBPOENAS

In connection with any hearing held under these rules, the Secretary shall 

have the power, and upon written application by any party pursuant to 10 

V.S.A. §559(d) shall have the duty, to subpoena witnesses and the production 

of documentary or other evidence on behalf of all parties. In all other 

respects, Rule 45 of the Vermont Rules of Civil Procedure shall apply and is 

incorporated into these rules by reference.

5-608 HEARING SCHEDULES

(1) Orders prohibiting the construction or installation of a new air 

contaminant source. No later than 30 days after the date the order is 

served, any person aggrieved thereby may request in writing a hearing 

under these rules. The hearing will be held within 30 days of receipt 

of the request.

(2) Enforcement orders.

(a) No later than 30 days after the date the notice and order are 

served, the persons named therein may request in writing a 

hearing under these rules. The hearing will be held within 30 

days of receipt of the request.

(b) In lieu of an order, the Secretary may require that the alleged 

violator or violators appear before the Secretary for a hearing 

under these rules at a time and place specified in the notice and 

answer the charges complained of.

(3) Assurances of Discontinuance. Within ten days of receipt of any 

assurance filed with him, the Attorney General may petition the 

Secretary for a hearing on the violation under these rules. The hearing 

will be held within 30 days of receipt of the petition.

(4) Orders to reduce or discontinue emissions of air contaminants.

(a) Orders issued by the Secretary pursuant to Section 560(a) of the 

Act will fix a place and time not later than 24 hours after the 

time of service thereof for a hearing under these rules.

(b) No later than 30 days after the date an order by the Secretary

pursuant to Section 560(b) of the Act is served, the persons

named therein may request in writing a hearing under these rules. 

The hearing will be held within 30 days of receipt of the 

request.

5-609 NOTICE AND TRANSCRIPT OF HEARINGS

(1) Upon filing of a pleading initiating a case under these rules, or upon 

the initiating of such a proceeding by the Secretary on his own motion, 

the Secretary will cause written notice of the hearing thereon to be 

served upon each party. The notice will include:
VAPCR Adopted September 2011 [119]

(a) A statement of the time, place and nature of the hearing;

(b) A statement of the legal authority and jurisdiction under which 

the hearing is to be held;

(c) A reference to the particular sections of the statutes and 

regulations involved;

(d) A short and plain statement of the matters at issue. If the 

Secretary or other party is unable to state the matters in detail 

at the time the notice is served, the initial notice may be 

limited to a statement of the issue involved. Thereafter upon 

application a more definite and detailed statement will be 

furnished.

(2) Upon request in writing from a party ten days before a hearing, a 

hearing will be transcribed by a qualified stenographer designated by 

the Secretary or will be recorded on an electronic sound recording 

device, said choice between a stenographer and an electronic sound 

recording device to be made by the Secretary. All requests for a 

stenographer shall be accompanied by a fee of $100.00 which will be 

applied toward the costs of said stenographer, if used. The Secretary, 

after review of a petition and/or during the course of a hearing, can 

require an additional fee as security for stenographic costs. Any fees 

received in excess of final stenographic costs will be refunded. Copies 

of any transcript will be available to anyone at a reasonable cost to 

be set by the stenographer.

5-610 CONDUCT OF HEARINGS

(1) The Secretary may appoint a hearing officer to hear any or all matters 

in any case under these rules. The Secretary, or the hearing officer, 

shall have the power to administer oaths to witnesses, rule on 

questions of evidence and offers of proof, take depositions or order 

such to be taken, rule on the validity of service of subpoenas and 

other notices, and do whatever is necessary and proper to conduct the 

hearing in a judicious and fair manner.

(2) Every party and counsel representing the Secretary, if any, shall have 

the right to participate fully in any hearing under these rules.

(3) The admissibility of evidence in all cases under these rules will be 

determined under the criteria specified in 3 V.S.A. §810(1)-(4), which 

are attached hereto as Appendix A.

(4) The testimony of a hearing witness on direct examination may be offered 

in written form, either by having it read into the record or by 

offering it for incorporation in the record without reading, provided 

that a copy of such testimony shall be supplied to the Secretary, each 

attorney of record, and each party appearing for himself at a 

reasonable time in advance of the hearing at which such testimony will 

be offered. Such testimony shall be subject to the same rules of 

admissibility and cross-examined as oral testimony.
VAPCR Adopted September 2011 [120]

(5) The burden of proof and of going forward with the evidence shall be 

upon the petitioner. In the case of a hearing called by the Secretary, 

the burden of proof and of going forward with the evidence shall be 

upon the respondent.

5-611 PROPOSED DECISION

(1) In the event the Secretary appoints a hearing officer to conduct any 

hearing pursuant to Rule 5-610 herein, the final decision shall not be 

made by the Secretary until a proposed decision, if adverse to a party

to the proceeding other than the Agency itself, is served upon the 

other parties by the hearing officer.

(2) The proposed decision shall contain a statement of the reasons 

supporting it and of each issue of fact or law necessary to it, 

prepared by the hearing officer.

(3) The proposed decision shall be served upon the parties within 15 days 

of the close of the hearing, and each party adversely affected shall be 

allowed to file exceptions and present briefs and oral argument to the 

Secretary in his discretion before he renders the final decision.

(4) The parties may waive compliance with this rule by written stipulation.

5-612 FINAL DECISION AND ORDER

(1) Unless otherwise agreed to by the parties or otherwise required by 

statute, the final decision in any case will be made by the Secretary

within 20 days of the close of the hearing, or within 20 days of his 

receipt of the transcript and proposed decision therein, if the hearing 

was held before a hearing officer. Any party may file briefs and 

proposed findings of fact and conclusions of law with the Secretary

within such time period.

(2) A final decision or order adverse to a party will be in writing or 

stated in record. A final decision will include findings of fact and 

conclusions of law, separately stated. Findings of fact, if set forth 

in statutory language, will be accompanied by a concise and explicit 

statement of the underlying facts supporting the findings. If a party

submitted proposed findings of fact, the decision will include a ruling 

upon each proposed finding.

(3) Parties will be notified forthwith either personally or by mail of any 

decision or order. A copy of the decision or order will be served upon 

each party, as provided in Rule 5-603 herein.

5-613 APPEALS

Any party aggrieved by an adverse final determination of the Secretary may 

appeal to the Vermont Supreme Court under the provisions of 10 V.S.A. §562, 3 

V.S.A. §815 and the Vermont Rules of Appellate Procedure.
VAPCR Adopted September 2011 [121]

SUBCHAPTER VII. MOTOR VEHICLE EMISSIONS

5-701 MAINTENANCE AND REMOVAL OF CONTROL DEVICES

No person shall fail to maintain in good working order or remove, alter or 

otherwise render inoperative, the exhaust emission control system, the 

evaporative emission control system, or crankcase ventilation, or any other 

air pollution control device which has been installed as a requirement of the 

Federal or State laws or regulations.

5-702 EXCESSIVE SMOKE EMISSIONS FROM MOTOR VEHICLES

No person shall cause, suffer, allow, or permit excessive emissions of 

visible air contaminants, other than water, from a motor vehicle for longer 

than five (5) consecutive seconds.

5-703 INSPECTION OF CONTROL DEVICES

No motor vehicle shall be issued an inspection sticker unless the emission 

control devices as identified below have been inspected in accordance with 

the Vermont Periodic Inspection Manual distributed by the Department of Motor 

Vehicles, according to the following schedule:

(1) beginning January 1, 1997 and thereafter, for the presence and proper 

connection of the catalytic converter or converters; and

(2) beginning January 1, 1998 and thereafter, for the proper functioning of 

the fuel tank pressure-vacuum relief cap; and

(3) beginning January 1, 1999 and thereafter, for the proper functioning of 

the on-board diagnostic system.
VAPCR Adopted September 2011 [122]

SUBCHAPTER VIII. REGISTRATION OF AIR CONTAMINANT SOURCES

5-801 DEFINITIONS

"Source" means, for the purposes of this Subchapter only, all stationary 

structures, facilities, equipment, installations, or operations which emit or 

may emit any air contaminant and which are:

(a) Operated by the same person or by persons under common control, 

and

(b) Located on one or more contiguous or adjacent properties where 

all such property is owned by the same person or by persons under 

common control.

(Note that the person or persons operating the source will not 

necessarily be the same person or persons who own the property 

upon which the source is located.)

"Operator" means, for purposes of this Subchapter only, any person operating 

or responsible for the operation of a source.

5-802 REQUIREMENT OF REGISTRATION

Each operator of a source which emits more than five tons of any and all air 

contaminants per year shall register the source with the Secretary, and shall 

renew such registration annually. Each day of operating a source which is

subject to registration without a valid, current registration shall 

constitute a separate violation and subject the operator to a civil penalty 

not to exceed $100.00 per violation.

5-803 REGISTRATION PROCEDURE

(1) On or before February 1 of each year, the operator of each source 

subject to registration shall submit to the Air Pollution Control 

Officer source emissions data and any other information required to 

determine the appropriate registration fee. This data shall be supplied 

by completion of forms which are available from the Air Pollution 

Control Officer. The forms will not be deemed completed unless and 

until all information required by the forms has been supplied. The Air 

Pollution Control Officer may require such information to be submitted 

with respect to any source which he or she has reason to believe may be 

a source subject to registration. This subsection is not intended to 

limit any powers otherwise held by the Air Pollution Control Officer.

(2) The Air Pollution Control Officer shall determine the registration fee 

based upon the information required by the preceding subsection, upon 

other information reasonably required by him or her, and any other 

relevant information. Upon such determination, the Air Pollution 

Control Officer shall promptly notify each operator in writing of the 

registration fee required, if any.

(3) Any operator may request reconsideration of a fee determination within 

30 calendar days of receiving notice of such determination. Such 

request shall be in writing addressed to the Air Pollution Control 
VAPCR Adopted September 2011 [123]

Officer and shall include the operator's own calculation of the fee due 

along with all supporting documentation. Within 20 calendar days of 

receipt of such timely written request, the Air Pollution Control 

Officer shall notify the operator of the decision.

(4) Any operator who chooses to contest the decision of the Air Pollution 

Control Officer described in the preceding subsection may, within 15 

calendar days after receipt of such decision, request an administrative 

conference of the Commissioner of Environmental Conservation. Said 

conference shall be held as soon as reasonably possible, shall be 

informal in nature and shall serve as an opportunity for the operator 

to contest the decision of the Air Pollution Control Officer to the 

Commissioner by presenting emissions data and any other relevant 

information to the Commissioner or his or her representative. Such 

administrative conference shall not be considered a "contested case" as 

defined by 3 V.S.A. Ch. 25. The Commissioner shall notify the operator

of the decision within 30 days of the administrative conference. Should 

the Commissioner's decision be wholly or partially adverse to the 

operator, such notice shall include an explanation of the grounds for 

the decision. 

(5) Each operator from whom a registration fee is due shall pay said fee to 

the Air Pollution Control Officer on or before May 15 of each year. 

Payment shall be by check or money order made payable to the state of 

Vermont. If the amount of the fee is at that time the subject of an 

administrative appeal or judicial review, the fee amount most recently 

decided or determined by the Air Pollution Control Officer or 

Commissioner of Environmental Conservation is due. No registration will 

be issued for those sources for which a required registration fee has 

not been paid in full. If, however, at the conclusion of any and all 

administrative appeals and judicial review, the fee paid is greater 

than that which has been determined to be correct, the difference shall 

be promptly refunded to the operator.

(6) The period of each registration or renewal shall be from the first day 

of July of each year through the last day of June of the following 

calendar year.

5-804 FALSE OR MISLEADING INFORMATION

All data and other information submitted or caused to be submitted by an 

operator to the Agency shall be complete and truthful. Any such submission 

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

revocation of registration, and may result in a fine and/or imprisonment 

under the authority of the applicable Vermont statutes.

5-805 COMMENCEMENT OR RECOMMENCEMENT OF OPERATION

A source otherwise subject to registration is not required to register for 

the next period of registration unless it emitted more than five tons of air 

contaminants during the calendar year immediately preceding said next period 

of registration.
VAPCR Adopted September 2011 [124]

5-806 TRANSFER OF OPERATION

Should the operation or responsibility for operation of a source subject to 

registration be transferred, the registration will, nonetheless, remain valid 

until the end of the then-current registration period.

5-807 FEES

(1) The registration fee shall be determined in accordance with the 

fee schedule set forth in 3 V.S.A. §2822.

(2) With respect to the fees for the emission of hazardous air 

contaminants, the 2007 amendments to Appendix C of these 

regulations shall not take effect until January 1, 2008.

5-808 DETERMINATION OF FEE

(1) Each operator shall determine the registration fee, if any, based on 

calculation of the quantity of air contaminants emitted by his or her 

source during the calendar year immediately preceding the period of 

registration.

(2) The following techniques, or combinations thereof, are acceptable 

methods of measuring and calculating source emissions. The Air 

Pollution Control Officer will determine which method(s) is (are) most 

appropriate for each source. As applied to most sources, the methods 

listed below are in order of preference, the first listed method being 

deemed the most reliable and accurate:

(a) Emission testing (stack testing) of source;

(b) Emission testing of similar sources;

(c) Mass balance calculations, where appropriate;

(d) Use of emission factors published by the U.S. Environmental 

Protection Agency in its Compilation of Air Pollutant Emission 

Factors (AP-42);

(e) Other methods receiving the prior written approval of the Air 

Pollution Control Officer.

(3) Emissions of all air contaminants from a source, either through stacks

or from points other than stacks (i.e., fugitive emissions) shall be 

added together for purposes of determining the registration fee. 

Fugitive emissions shall be included only when, in the judgment of the 

Air Pollution Control Officer, such emissions are reasonably 

quantifiable.
VAPCR Adopted September 2011 [125]

SUBCHAPTER IX. CONTROL OF OZONE-DEPLETING CHEMICALS

5-901 DEFINITIONS

"Ozone Depleting Chemical" means manufactured substances which are known or 

reasonably may be anticipated to cause or contribute to depletion of ozone in 

the earth's stratosphere.

(A) Primary ozone depleting chemicals include:

(i) chlorofluorocarbon-11,

(ii) chlorofluorocarbon-12,

(iii) chlorofluorocarbon-113,

(iv) chlorofluorocarbon-114,

(v) chlorofluorocarbon-115,

(vi) halon 1211,

(vii) halon-1301

(viii)halon-2402,

(ix) carbon tetrachloride,

(x) methyl chloroform.

(B) Other ozone depleting chemicals include:

(i) hydrochlorofluorocarbon-22,

(ii) hydrochlorofluorocarbon-123

(iii) hydrochlorofluorocarbon-124,

(iv) hydrochlorofluorocarbon-141b,

(v) hydrochlorofluorocarbon-142b.

(C) The Secretary may list by rule other manufactured substances 

which are known or reasonably may be anticipated to cause or 

contribute to depletion of stratospheric ozone.

"Fire extinguisher" means a portable device containing chemicals that can be 

sprayed onto a fire to put it out.

"Halon" means, for the purposes of this subchapter, any bromine containing 

compound used for fighting fires, including, but not limited to: Halon 1211 

(CF2BrCl), Halon 1301 (CF3Br) and Halon 2402 (C2F4Br2).

"Ozone-depleting products" means any of the following:

(a) Fire extinguishers containing halons; and

(b) Pressurized containers holding CFC's and used for cleaning 

electronic and photographic equipment, propelling plastic party 

streamers, and operating noise-making horns.

5-911 MOTOR VEHICLE AIR CONDITIONING

(1) After January 1, 1991, no person, for compensation, may perform service 

on motor vehicle air conditioners unless that person uses equipment 

that is certified by the Secretary as meeting the requirements and 

specifications of Underwriters Laboratories (UL) standard UL 1963 and 
VAPCR Adopted September 2011 [126]

the Society of Automotive Engineers (SAE) standard J1991, or other 

standards determined by the Secretary to be equivalent.

(2) All establishments that repair motor vehicles and plan to continue to 

service motor vehicle air conditioners shall purchase refrigerant 

recovery and recycling equipment according to the following schedule:

(a) By November 1, 1990 all establishments which employ more than 4 

mechanics or service personnel on a full time or temporary basis 

shall purchase certified refrigerant recovery and recycling 

equipment for use in all service work on motor vehicle air 

conditioning systems;

(b) By January 1, 1991 all other establishments subject to this 

section shall purchase certified refrigerant recovery and 

recycling equipment for use in all service work on motor vehicle

air conditioning systems.

(3) No person shall sell or offer for sale any CFC coolant in containers 

with a net weight of less than 15 pounds, unless they bear a warning 

label indicating the product's danger to the stratospheric ozone layer. 

The appearance, typesize, location and contents of a product's warning 

label shall conform to any guidelines established by the Secretary.

(4) After January 1, 1991, no person shall sell or offer for sale any CFC

coolant suitable for use in motor vehicle air conditioners unless for 

commercial or industrial usage, and unless sold in containers with a 

net weight of at least 15 pounds.

(5) No motor vehicle with a model year of 1995 or later may be registered 

in the state of Vermont or sold to a consumer or dealer in the state, 

if it contains air conditioning equipment that uses CFC's.

(6) All establishments which repair and service motor vehicle air 

conditioners after January 1, 1991 shall maintain records of the number 

of motor vehicle air conditioners serviced and the quantity of CFC's

purchased for use in automotive air conditioners. Such records shall be 

retained for a minimum period of five years from the date of record and 

shall be made available to representatives of the Secretary upon 

request.

5-921 REGULATION OF OZONE-DEPLETING PRODUCTS

(1) No person shall sell or offer for sale fire extinguishers containing 

halons, unless for commercial or industrial usage, or unless sold to 

fire departments for their own use in fighting fires.

(2) Except as provided in subsection (1) of this section, no person shall 

sell or offer for sale ozone-depleting products as defined in this 

subchapter, except for commercial or industrial usage.
VAPCR Adopted September 2011 [127]

SUBCHAPTER X. OPERATING PERMITS

5-1001 PURPOSE AND AUTHORITY

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

providing for the establishment of a comprehensive statewide air quality 

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

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

5-1002 DEFINITIONS

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

for purposes of this subchapter shall supersede definitions contained in any 

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

Control Regulations Section 5-101 shall govern in the absence of a 

superseding definition in this section.

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

(1) Corrects typographical errors;

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

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

administrative change at the subject source;

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

or,

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

subject source where the Secretary determines that no other 

change in the permit is necessary, provided that a written 

agreement containing a specific date for transfer of permit 

responsibility, coverage, and liability between the current and 

new permittee has been submitted to the Secretary.

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

Secretary of all information required by the Secretary for operating permit 

applications. 

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

York, New Hampshire and Massachusetts and those States:

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

operating permit amendment, or operating permit renewal that is 

being proposed; or, 

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

is the subject of an operating permit application.

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

sources including requirements that have been promulgated or approved by EPA

or the Agency through rulemaking including those which have future-effective 

compliance dates:
VAPCR Adopted September 2011 [128]

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

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

thereunder which is pertinent to the continuing operations of the 

subject source;

(2) Any standard or other requirement regarding standards of 

performance for new stationary sources pursuant to section 111 of 

the federal Clean Air Act and/or regarding hazardous air 

pollutants pursuant to section 112 of the federal Clean Air Act 

[42 U.S.C. 7411, 7412];

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

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

the regulations promulgated thereunder;

(4) Any requirements regarding monitoring or compliance certification 

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

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

(5) Any standard or other requirement governing solid waste 

incineration pursuant to section 129 of the federal Clean Air Act 

[42 U.S.C. 7429];

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

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

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

to protect stratospheric ozone under Title VI of the federal 

Clean Air Act, unless the EPA has determined that such 

requirements need not be contained in an operating permit to be 

in compliance with the federal Clean Air Act. [42 U.S.C. 7671-

7671q]; 

(8) Any standard or requirement contained in an applicable 

implementation plan approved and/or promulgated pursuant to the 

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

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

Regulations; and, 

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

§2822. 

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

Secretary offers public participation under Section 5-1007 of this 

subchapter.

“Emissions allowable under the permit” means a permit term or condition that 

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

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

the Secretary after the applicant has successfully completed all review 

procedures required by this subchapter. 

"Insignificant Activities" means any of the following:
VAPCR Adopted September 2011 [129]

(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:

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

water heaters rated at less than 3.0 million British 

Thermal Units (BTUs) per hour;

(ii) Automotive storage garages and automotive repair shops that 

perform no autobody repair activities; 

(iii) Construction activities excluding fugitive dust;

(iv) Internal combustion engine generator sets rated less than 

37 kW (50 hp).

(v) Bench scale laboratory equipment and laboratory equipment 

used exclusively for chemical and physical analysis 

excluding research and development facilities.

(vi) Emergency use engines. 

(vii) Interior maintenance activities and the equipment and 

supplies used therein, such as janitorial cleaning 

products. This subparagraph does not include cleaning of 

production equipment and products.

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

Secretary on the basis of the minimal quantity of emissions 

and impracticality with respect to quantifying emissions 

provided such determination is consistent with the federal 

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

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

and the regulations promulgated thereunder. 

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

any forklift or tractor.

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

a subject source or operating permit which:

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

emission limitation;

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

source where the proposed construction or modification itself

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

contaminants;

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

section 111 or 112 of the federal Clean Air Act

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

Act [42 U.S.C. 7661-7661f]; 
VAPCR Adopted September 2011 [130]

(5) Does not violate an underlying applicable requirement;

(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 (Section 5-1014) of this subchapter.

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

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

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

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

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

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

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

the Secretary proposes to issue and forwards to the EPA for review in 

accordance with Section 5-1008(b) of this subchapter. 

"Responsible official" means one of the following:

(1) For a corporation:

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

corporation in charge of a principal business function, or 

any other person who performs similar policy or decisionmaking 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.
VAPCR Adopted September 2011 [131]

"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.

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

requirements of this subchapter.

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

emission reduction requirements or limitations under Title IV of the federal 

Clean Air Act [42 U.S.C. 7651-7651o]. 

“Title V subject source” means any stationary source subject to the 

permitting requirements of Title V of the federal Clean Air Act [42 U.S.C. 

7661-7661f] and the regulations promulgated thereunder.

5-1003 APPLICABILITY

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

Control Regulations Sections 5-401 is subject to the requirement to 

secure an operating permit under this subchapter if the stationary 

source is:

(1) A Subchapter X major source;

(2) A Title V subject source;

(3) A Title IV affected source;

(4) A stationary source subject to Air Pollution Control Regulation 

Section 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,

(b) 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, is not subject to 

the requirement to secure an operating permit regarding such stationary 

source under this subchapter.

5-1004 DUTY TO APPLY

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

administratively complete application and all other information required by 

the Secretary in accordance with this subchapter.

5-1005 TIMELY APPLICATIONS

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

must submit an administratively complete application within twelve (12) 
VAPCR Adopted September 2011 [132]

months after the subject source becomes subject to the provisions of 

this subchapter.

(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 operating 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 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.
VAPCR Adopted September 2011 [133]

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

determined or deemed administratively complete, the Secretary

determines that additional information is necessary to evaluate or take 

final action on that application, the owner/operator shall submit such 

information in writing within thirty (30) days of notification by the 

Secretary that such information is necessary or within such other 

period specified in writing by the Secretary as reasonably necessary to 

provide such information. 

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

submitted incorrect information in an operating permit application

shall, upon becoming aware of such failure or incorrect submittal, 

within five (5) working days or within such other period specified in 

writing by the Secretary as reasonably necessary to provide such 

information, submit such supplementary facts or corrected information. 

In addition, an owner/operator shall provide additional information as 

necessary to address any requirements that become applicable to the 

subject source after the date it files an administratively complete 

application but prior to release of a draft operating permit.

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

for operating permit applications. Information as described below for 

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

source shall be included in the application:

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

plant name and address if different from the company name), 

owner's name and agent, name of other responsible officials, and 

telephone numbers and names of subject source site contact 

person(s);

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

(including Standard Industrial Classification Code) including any 

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;
VAPCR Adopted September 2011 [134]

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

be necessary to determine or regulate emissions: fuels, 

fuel use, raw materials, production rates, and operating 

schedules;

(v) Identification and description of air pollution control 

equipment and compliance monitoring devices or activities;

(vi) Identification and description of all insignificant 

activities as defined in this Subchapter;

(vii) A proposed enhanced monitoring protocol if required under 

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

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

(viii)Limitations on subject source operations affecting 

emissions or any work practice standards, where applicable, 

for all air contaminants at a subject source;

(ix) Research and development activities and such activities' 

emission amounts;

(x) Other information relating to any applicable requirement; 

and,

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

which the information in items (i) through (x) of this 

paragraph, above, are based;

(4) The following air pollution control requirements:

(i) Citation and description of all applicable requirements; 

and, 

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

for determining compliance with each applicable 

requirement;

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

enforce other applicable requirements of this subchapter or to 

determine the applicability of any such requirement;

(6) An explanation of any proposed exemptions from otherwise 

applicable requirements;

(7) Additional information necessary to define reasonably anticipated 

alternative operating scenarios or as needed by the Secretary to 

determine the applicability of any other provision of this 

subchapter;

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

following:

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

source with respect to all applicable requirements;
VAPCR Adopted September 2011 [135]

(ii) A description as follows:

(A) For applicable requirements with which the subject 

source is in compliance, a statement that the subject 

source will continue to comply with such 

requirements;

(B) For applicable requirements that will become 

effective during the permit term, a statement that 

the subject source will meet such requirements on a 

timely basis; and, 

(C) For applicable requirements for which the subject 

source is not in compliance at the time of 

application for an operating permit, a narrative 

description of how the owner/operator will achieve 

compliance with such requirements;

(iii) A schedule of compliance as follows:

(A) For applicable requirements with which the subject 

source is in compliance, a statement that the subject 

source will continue to comply with such 

requirements;

(B) For applicable requirements that will become 

effective during the operating permit term, a 

statement that the subject source will meet such 

requirements on a timely basis. A statement that the 

subject source will meet in a timely manner 

applicable requirements that become effective during 

the operating permit term shall satisfy this 

provision, unless a more detailed schedule is 

expressly required by the applicable requirement; 

and,

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

not in compliance with all applicable requirements at 

the time of application for an operating permit. Such 

a schedule shall include a schedule of remedial 

measures, including an enforceable sequence of 

actions with milestones, leading to compliance with 

any applicable requirements for which the subject 

source will be in noncompliance at the time of 

application for an operating permit. Such compliance 

schedule shall be at least as stringent as that 

contained in any judicial consent decree or 

administrative order to which the subject source is 

subject; and, 

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

less frequently than every six (6) months for an 

owner/operator required to have a schedule of compliance to 

remedy a violation.
VAPCR Adopted September 2011 [136]

(9) Requirements for compliance certification, including the 

following:

(i) A certification of compliance with all applicable 

requirements by a responsible official consistent with 

subsection (f) of this section and with section 114(a)(3) 

of the federal Clean Air Act [42 U.S.C. 7414(a)(3)];

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

including a description of monitoring, recordkeeping, and 

reporting requirements and test methods; 

(iii) A schedule for submission of compliance certifications 

during the operating permit term, to be submitted no less 

frequently than annually, or more frequently if specified 

by the underlying applicable requirement or by the 

Secretary; 

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

status with any applicable enhanced monitoring and 

compliance certification requirements of the federal Clean 

Air Act; and, 

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

261 of the Air Pollution Control Regulations that shall include:

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

emission limit for each hazardous air contaminant emission

from a subject source and all calculations, data, 

assumptions and conclusions supporting the proposed HMSER

emission limit;

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

demonstration of compliance with any other requirement of 

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

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

federal Clean Air Act.

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

pursuant to this subchapter shall contain certification of truth, 

accuracy, and completeness signed by a responsible official. This 

certification and any other certification required under this 

subchapter shall state that, based on information and belief formed 

after reasonable inquiry, the statements and information in the 

document are true, accurate and complete.

5-1007 PUBLIC PARTICIPATION 

(a) Upon making a determination to issue a draft operating permit for a

Subchapter X major source or a Title V subject source, opportunity for 

public participation shall be provided as follows:

(1) The Secretary shall give notice:
VAPCR Adopted September 2011 [137]

(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) To affected states for Title V subject sources.

(2) The content of the notice shall identify:

(i) The name and address of the subject source and the

owner/operator;

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

designee;

(iii) A brief description of the activity(ies) proposed by the 

operating permit application;

(iv) The emissions change proposed in any application for an 

operating permit amendment; 

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

number of a person from whom interested persons may obtain 

additional information, including the completed application 

form, the draft operating permit, the Agency’s analysis,

and all other materials available to the Secretary that are 

relevant to the operating permit application;

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

this section; and, 

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

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

meeting.

(3) Following the notice specified in paragraph (1) of this 

subsection (a), the public comment period on a draft permit shall

be at least thirty (30) days for a Title V subject source and 

shall otherwise be at least ten (10) days for a Subchapter X 

major source.

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

meeting regarding the draft operating permit if requested in 

writing 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. 
VAPCR Adopted September 2011 [138]

(5) 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 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 subject 

source to residences, population centers and other sensitive human 

receptors, and emission dispersion characteristics at or near the 

subject source. If the Secretary requires such an opportunity for 

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

discretion of the Secretary.

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

public participation requirements that apply to initial operating 

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

subject to the public notice and comment requirements of subsection (a) 

of this section if:

(1) The Secretary determines that no substantive changes have 

occurred at the subject source that would affect emissions or 

require changes to the permit;

(2) The Secretary determines no new statutory or regulatory 

requirements need to be added to the permit; and

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

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

or public informational meeting pursuant to this section jointly and 

concurrently with any public comment period or public informational 

meeting pursuant to Section 5-501 of the Air Pollution Control 

Regulations.

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;
VAPCR Adopted September 2011 [139]

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

the subject source, or knowingly submits false or misleading 

information to the Secretary; or,

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

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

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

order, consent decree, stipulation agreement, schedule of 

compliance, or an order issued under Vermont statutes. 

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

permit application, proposed operating permit, and the legal and 

factual basis for proposed operating permit conditions to EPA for 

review. Within the later of forty five (45) days of its receipt of the 

proposed operating permit or forty-five (45) days of its receipt of 

Vermont’s notice relating to nonacceptance of Affected State comments, 

EPA may object to the issuance of a final operating permit if it 

determines that the issuance of a final operating permit will not 

comply with the requirements of 40 C.F.R. Part 70. This subsection (b) 

shall not apply to applications for administrative operating permit 

amendments. 

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

operating permit, the Secretary will respond in writing to the 

objection, revise the proposed operating permit if necessary, and 

either issue or deny a final operating permit in accordance with EPA’s 

objection. For Title V subject sources, the Secretary shall provide 

copies of issued operating permits, including amended operating 

permits, to EPA.

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

is not in compliance with applicable requirements. Such permit will 

include an appropriate schedule of compliance which is acceptable to 

the Secretary.

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

operating permit and, then, shall reissue, amend, suspend or 

terminate, as appropriate, the permit when: 

(i) There are additional applicable requirements with a 

remaining operating permit term of 3 or more years, and 

shall complete the reopening within eighteen months of the 

promulgation of the requirement;

(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.
VAPCR Adopted September 2011 [140]

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

reissue, amend, suspend or terminate an operating permit for good 

cause. Good cause includes, but is not limited to, situations 

where:

(i) there are additional applicable requirements; 

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

information was used to establish emissions standards or 

other terms or conditions of the permit; 

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

condition; or

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

operating permit under subsection (a) of this section 

exist.

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

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

initial operating permit application and issuance or permit 

amendments shall apply, except that they shall apply only to 

those parts of the operating permit for which cause to reopen 

exists. Except in an emergency, the Secretary shall provide at 

least thirty (30) days notice to the owner/operator, of the 

Secretary’s intent to reopen. Such procedures need not be 

followed for suspension, termination, or revocation of a permit.

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

similar operations by the same owner/operator at multiple temporary 

locations. The operations must be temporary and involve at least one 

change of location during the term of the permit. Such permits shall 

require at least ten (10) days notice to the Secretary prior to each 

change in location.

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

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

regulations promulgated thereunder. If any provisions or requirements 

of Title IV of the federal Clean Air Act and the regulations 

promulgated thereunder conflict with or are not included in this 

Subchapter, the requirements and provisions of Title IV of the federal 

Clean Air Act shall apply and take precedence. 

5-1009 ACTION ON OPERATING PERMIT APPLICATIONS

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

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

conditions have been met:

(1) The Secretary has received an administratively complete 

application as described in Section 5-1006 of this subchapter;

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

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

1006(c), 5-1006(d), and 5-1012(c) of this subchapter; 
VAPCR Adopted September 2011 [141]

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

5-1007 of this subchapter, is provided; and,

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

schedule of compliance, provide for compliance with all 

applicable requirements and the requirements of this subchapter.

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

application within eighteen (18) months after receiving an 

administratively complete application.

5-1010 REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

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

maintain, and use reasonably available control technology (RACT) to 

limit the discharge of air contaminants from each process unit and each 

fuel burning equipment unit at such subject source, if and as required 

by the conditions of an operating permit.

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

requirement pursuant to subsection (a) of this section shall be 

determined by the Secretary for each subject source or category of 

subject sources after consideration of all available pertinent 

information. Before final action is taken on an operating permit

application, the Secretary may require the owner/operator of a 

stationary source subject to this section to submit information to the 

Secretary to establish whether RACT will be achieved.

(c) Any RACT 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 RACT requirement pursuant to subsection (a) of this section 

for such process unit and/or fuel burning equipment unit provided that 

such MSER or RACT requirement was established less than ten (10) years 

prior to the operating permit application being determined or deemed 

administratively complete.

5-1011 TERM OF OPERATING PERMIT

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

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

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.
VAPCR Adopted September 2011 [142]

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

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

failed to issue or deny such renewal before the end of the term of the 

previous permit, then the owner/operator may continue to operate the 

subject source and all terms and conditions of such previous operating 

permit shall remain in effect until the Secretary has issued or denied 

the operating permit renewal. However, such previous operating permit

shall automatically expire if, subsequent to the application being 

determined or deemed administratively complete pursuant to Section 5-

1006 of this subchapter, the owner/operator fails to submit any 

additional information required by the Secretary as well as information 

pertaining to changes to the subject source within thirty (30) days or 

such other period specified in writing by the Secretary.

5-1013 OPERATING PERMIT AMENDMENTS 

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

Secretary consistent with the following:

(1) The Secretary may incorporate such changes without providing 

notice to the public or affected States. 

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

request for an administrative operating permit amendment

immediately upon submittal of the request to the Secretary. 

Notwithstanding Section 5-1009(b) of this subchapter, the 

Secretary will act on the request within 60 days of its receipt 

by the Secretary. Should the Secretary deny the request, the 

owner/operator must take whatever action is necessary to comply 

with the denial.

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

opportunity for public participation (Section 5-1007) provided the 

applicant submits an administratively complete application which 

includes: 

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

result from the proposed change, and any new requirements that 

will apply if the change occurs;

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

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

such requirements can be determined;

(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 
VAPCR Adopted September 2011 [143]

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];

(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) The change meets all applicable requirements and the change does 

not contravene a permit term and condition for monitoring, record 

keeping, reporting, or compliance certification;

(5) For the balancing of emissions increases and decreases between 

emission units at a Title V subject source, all emissions from 

the change are quantifiable and there are replicable procedures 

to enforce the emission trades; and, 

(6) The owner/operator of the permitted subject source provides the 

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

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

proposed change. Such notice shall include a brief description of 

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

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

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

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

operating permit.

5-1015 PERMIT CONTENT

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

subchapter will include the following elements:

(1) Specified emission limitations and standards, including those 

operational requirements and limitations that assure compliance 

with all applicable requirements;

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

and authority for each term or condition; 
VAPCR Adopted September 2011 [144]

(3) Emission monitoring and analysis procedures or test methods 

required under the applicable requirements;

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

Secretary deems necessary to collect reliable data representative 

of the subject source’s compliance with the operating permit

including the installation, use and maintenance of monitoring 

equipment;

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

reports of any required monitoring, certified by a responsible 

official in accordance with Section 5-1006(f) of this subchapter, 

at least every six (6) months;

(6) Prompt reporting of deviations from permit requirements, 

including those attributable to upset conditions as defined in 

the permit, the probable cause of such deviations, and any 

corrective actions or preventative measures taken. Prompt shall 

be defined on a case-by-case basis in each operating permit, 

shall be at least as stringent as is required for permits issued 

to Title V subject sources by EPA, and shall be determined in 

relation to the degree and type of deviation likely to occur and 

the applicable requirements;

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

data and related information required by the operating permit be 

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

the date of the monitoring, measurement, or report; 

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

records of switches in operating scenario, for reasonably 

anticipated alternative operating scenarios identified by the 

subject source in its application as approved by the Secretary;

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

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

conditions which are not federally enforceable under the Act or 

under any of its applicable requirements;

(10) Inspection and entry requirements requiring that, upon 

presentation of credentials, the permittee shall allow an 

authorized representative of the Secretary access, at reasonable 

times, to all properties covered by the permit and where 

emissions related activity is conducted for the purpose of 

ascertaining compliance with the permit and applicable 

requirements;

(11) Requirements for submittal of compliance certifications, 

including, but not limited to, the frequency of submission of 

compliance certifications;

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

submittal of progress reports;
VAPCR Adopted September 2011 [145]

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

permit prior to the expiration of the operating permit in 

accordance with Section 5-1008(e); and,

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

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

identifies specific state or federally enforceable regulations 

and standards derived therefrom which are not applicable to a 

source. Enforcement actions based on those identified regulations 

and standards may not be initiated against the source covered by 

the shield. However, a Apermit shield@ is not available as part 

of an administrative or minor permit amendment and does not apply 

to changes permitted under Section 5-1014.

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

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

application, determines in writing which specific 

state or federally enforceable regulations and 

standards derived therefrom are not applicable to the 

stationary source and the operating permit contains 

an express delineation of each such regulation or 

standard;

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

permit shield provision in the form and with the 

elements specified by the Secretary, itemizing each 

specific state or federally enforceable regulation or 

standard derived therefrom which said applicant 

believes is not applicable to such stationary source; 

and,

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

shield" exists in accordance with this subsection, 

otherwise the operating permit shall not provide such 

a shield;

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

reopen and/or amend an operating permit pursuant to Section 

5-1008(e) of this subchapter. Notwithstanding any other 

provision of this subchapter, the Secretary need not 

receive an operating permit application from the 

owner/operator of a subject source in order to reopen 

and/or amend a "permit shield" provision.

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

stationary source must comply with those state or federally 

enforceable regulations and standards that become 

applicable during the term of the operating permit, even if 

those requirements are not set forth in the operating 

permit.

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

owner/operator shall remain liable for any violation of 
VAPCR Adopted September 2011 [146]

applicable provisions of law that occurred prior to or at 

the time of issuance of an operating permit.

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

affected by any false, inaccurate, or incomplete 

information provided by the applicant.

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

Secretary from issuing an emergency administrative order in 

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

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

in effect with respect to any regulations or standards 

delineated in the permit shield provision which are not 

affected by, or the basis for such emergency orders. No 

emergency administrative order issued to an owner/operator

which is based on regulations or standards that are 

delineated in such source's permit shield provision shall 

contain monetary penalties.

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

provisions of law which implement the requirements and 

provisions of Title IV of the federal Clean Air Act (42 

U.S.C. 7651-7651o) and the regulations promulgated 

thereunder.

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

balancing of emissions increases and decreases between emission 

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

with a federally enforceable emissions cap contained in the 

operating permit if such balancing of emissions is permissible 

under Section 5-1014;

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

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

and the regulations promulgated thereunder, as the Secretary may 

incorporate.

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

permit may include any or all of the elements set forth in subsection 

(a), above.

5-1016 LIMITING ALLOWABLE EMISSIONS

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

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

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

that actual emissions of air contaminants from the stationary source

have not equaled or exceeded ten (10) tons in any calendar year 

commencing January 1, 1995, then the actual emissions of such 

stationary source for such calendar year shall be deemed to be the 

stationary source’s allowable emissions, notwithstanding Section 5-101

of these regulations. Such stationary source need not secure an 

operating permit which would otherwise be required by this subchapter 

so long as actual emissions of air contaminants from the stationary 

source are less than ten (10) tons per calendar year.
VAPCR Adopted September 2011 [147]

(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 the procedures specified in Subchapter VIII of these 

regulations, certifying that actual emissions of air contaminants from 

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

tons.

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

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

contaminants in a calendar year or violate any provision of this 

section. 

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

certification under this section shall keep and maintain records to 

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

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

rates, hours of operation, product purchases, and any other information 

that the Secretary may require to calculate actual emissions from the 

air contaminant source. Such information shall be summarized in a 

monthly log, maintained on-site for a minimum of five (5) years from 

the date of record, and shall be made available to the Secretary upon 

request. Additionally, such owner/operator shall consent, in writing, 

to provide authorized representatives of the Secretary with access, at 

reasonable times, to all properties where emissions related activity is 

conducted for the purpose of verifying the accuracy of such annual 

certification.
VAPCR Adopted September 2011 [148]

SUBCHAPTER XI. LOW EMISSION VEHICLE PROGRAM

Note: Subchapter XI is undergoing separate, overlapping rulemaking and this 

Subchapter is not part of the current rulemaking herein. To avoid 

confusion neither the existing language nor the separately proposed 

language is included as part of the current rulemaking herein. The 

entire text of Subchapter XI has thus been shaded out below.

5-1101 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 Section 5-101 shall govern in the absence of a 

superseding definition in this section.

(a) “California-certified” means approved by CARB for sale in California.

(b) “CARB” means the California Air Resources Board.

(c) “Dealer” means any person engaged in the business of selling, offering 

to sell, soliciting or advertising the sale of new vehicles who holds a 

valid sales and service agreement, franchise or contract, granted by 

the manufacturer or distributor for the retail sale of said 

manufacturer’s or distributor’s new vehicles. 

(d) “Emergency Vehicle” means any authorized vehicle publicly owned and 

operated that is used by a peace officer, used for fighting fires or 

responding to emergency fire calls, used by emergency medical 

technicians or paramedics, used for towing or servicing other vehicles, 

or used for repairing damaged lighting or electrical equipment.

(e) “Emission Control Label” means a paper, plastic, metal or other 

permanent material, welded, riveted or otherwise permanently attached 

to an area within the engine compartment (if any), or to the engine, in 

such a way that it will be visible to the average person after 

installation of the engine in all new vehicles certified for sale in 

California, in accordance with Title 13, California Code of Regulations 

Section 1965. 

(f) “Environmental Performance Label” means a paper or plastic decal 

securely affixed by the manufacturer to a window of all passenger cars, 

light-duty trucks, and medium-duty passenger vehicles which discloses 

the global warming and smog score for the vehicle in accordance with 

Title 13, California Code of Regulations Section 1965.

(g) “Fleet Average Emission” means a vehicle manufacturer’s average vehicle

emissions of all greenhouse and non-methane organic gases from all new 

vehicles delivered for sale or lease in Vermont in any model-year. 

(h) “Greenhouse gas” means the following gases: carbon dioxide, methane,

nitrous oxide, and hydrofluorocarbons.

(i) “GHG Credit” means greenhouse gas credit.
VAPCR Adopted September 2011 [149]

(j) “Light-duty Truck” means any 2000 and subsequent model vehicle

certified to standards in Title 13, California Code of Regulations 

Section 1961 (a) (1) rated at 8500 pounds gross vehicle weight or less, 

and any other vehicle rated at 6000 pounds gross vehicle weight or 

less, which is designed primarily for purposes of transportation of 

property or is a derivative of such a vehicle, or is available with 

special features enabling off-street or off-highway operation and use.

(k) “Manufacturer” means any small, intermediate or large volume vehicle

manufacturer as defined in Title 13, California Code of Regulations 

Section 1900.

(l) “Medium-duty passenger vehicle” means any medium-duty vehicle with a 

gross vehicle weight rating of less than 10,000 pounds that is designed 

primarily for the transportation of persons. The medium-duty passenger 

vehicle definition does not include any vehicle which: 

(1) Is an “incomplete truck,” i.e., a truck that does not have the 

primary load carrying device or container attached; or 

(2) Has a seating capacity of more than 12 persons; or 

(3) Is designed for more than 9 persons in seating rearward of the 

driver’s seat; or 

(4) Is equipped with an open cargo area of 72.0 inches in interior 

length or more. 

A covered box not readily accessible from the passenger compartment 

will be considered an open cargo area, for purposes of this definition.

(m) “Medium-duty Vehicle” means any 2000 through 2006 model-year heavy-duty 

low-emission, ultra-low-emission, super-ultra-low-emission or zeroemission vehicle certified to the standards in Title 13, California 

Code of Regulations Sections 1956.8 (g) or (h) or 1960.1(h) (2), having 

a manufacturer’s gross vehicle weight rating of 14,000 pounds or less; 

any 2000 through 2003 model-year heavy duty vehicle certified to the 

standards in Title 13, California Code of Regulations Section 

1960.1(h)(1) having a manufacturer’s gross vehicle weight rating of 

14,000 lbs. or less; and any 2000 and subsequent model heavy-duty lowemission, ultra-low emission, super-ultra-low-emission or zero-emission 

vehicle certified to the standards in Title 13, California Code of 

Regulations Sections 1956.8 (g) or (h), 1961(a)(1) or 1962 having a 

manufacturer’s gross vehicle weight rating between 8,501 and 14,000 

pounds.

(n) “Model Year” means, for each vehicle manufacturer, the period which 

begins January 1 of the calendar year in which the model is first 

offered for sale and ends December 31 of the final calendar year of 

sale or, if the manufacturer has no annual production period, the 

calendar year. In case of any vehicle manufactured in two or more 

stages, the time of manufacture shall be the date of completion of the 

chassis.
VAPCR Adopted September 2011 [150]

(o) “New Vehicle” means any vehicle with 7,500 miles or fewer on its 

odometer.

(p) “NMOG Credit” means non-methane organic gas credit.

(q) “Passenger Car” means any vehicle designed primarily for transportation 

of persons and having a design capacity of twelve persons or less.

(r) “PZEV Credit” means partial zero emission vehicle credit.

(s) “Recall” means:

(1) The issuing of notices directly to consumers that vehicles in 

their possession or control should be corrected, and/or

(2) Efforts to actively locate and correct vehicles in the possession 

or control of consumers.

(t) “Smog Index Label” means a decal securely affixed by the manufacturer

to a window of all passenger cars and light-duty trucks which discloses 

the smog index for the vehicle in accordance with Title 13, California 

Code of Regulations Section 1965.

(u) “VECs” means vehicle equivalent credits.

(v) “Vehicle” means a motor vehicle.

(w) “ZEV Credit” means zero emission vehicle credit.

5-1102 INCORPORATION BY REFERENCE

(a) This subchapter incorporates by reference certain sections of Title 13, 

California Code of Regulations. Appendix F lists the sections of Title 

13, California Code of Regulations incorporated by reference and the 

respective amended date for each section. The sections of Title 13, 

California Code of Regulations incorporated by reference in this 

subchapter are the version of the section as of the amended date in 

Appendix F.

(b) For purposes of applying the incorporated sections of the California 

Code of Regulations, unless clearly inappropriate, “California” shall 

mean “Vermont”. For example, “delivered for sale in California” and 

“placed in service” are interpreted, except for determinations of 

whether a manufacturer is a large, medium, small or independent low 

volume manufacturer, as referring to vehicles in “Vermont”.

5-1103 NEW VEHICLE EMISSION REQUIREMENTS

(a) No person, including a manufacturer or dealer, shall deliver for sale or 

lease, offer for sale or lease, sell or lease, import, acquire, receive, 

purchase, or rent a new vehicle that is a 2000 or subsequent model-year 

passenger car or light-duty truck or a 2004 or subsequent model-year 

medium-duty vehicle in Vermont unless the vehicle is Californiacertified and complies with the following criteria: 
VAPCR Adopted September 2011 [151]

(1) The exhaust emissions standards in Title 13, California Code of 

Regulations Sections 1956.8(g) or (h), 1960.1, 1961(a), 1962(a), 

or 1962.1(a) and 

(2) The emission control label requirements, the smog index label or 

the environmental performance label requirements for 2002 through 

2009 model-year vehicles, and the environmental performance label 

requirements for 2010 and subsequent model year vehicles in 

accordance with Title 13, California Code of Regulations Section 

1965, except as otherwise provided by 10 V.S.A. §579(d), and 

(3) The evaporative emissions standards in Title 13, California Code 

of Regulations Sections 1976, and 

(4) The refueling emissions standards in Title 13, California Code of 

Regulations Section 1978, and 

(5) The malfunction and diagnostic system requirements in Title 13, 

California Code of Regulations Sections 1968.1 and 1968.2, and 

(6) The assembly-line testing procedure requirements in Title 13, 

California Code of Regulations Section 2062, and 

(7) The specifications for fill pipes and openings of motor vehicle 

fuel tanks in Title 13, California Code of Regulations Section 

2235. 

(b) No person, including a manufacturer or dealer, shall deliver for sale 

or lease, offer for sale or lease, sell or lease, import, acquire, 

receive, purchase, or rent a new 2009 or subsequent model-year 

passenger car, light-duty truck, or a medium-duty passenger vehicle in 

Vermont unless the vehicle is California-certified and complies with 

the California greenhouse gas exhaust emission standards and meets all 

other applicable requirements of California Code, Title 13, Section 

1961.1 and this Subchapter.

(c) Subsections 5-1103(a) and 5-1103(b) shall not apply to a new vehicle: 

(1) Defined as an emergency vehicle;

(2) With a right-hand drive configuration that is not available in a 

California-certified model, purchased by a rural route postal 

carrier and used primarily for work;

(3) Designed exclusively for off-highway use; or

(4) Certified to standards promulgated pursuant to the authority 

contained in 42 U.S.C. 7521 and which is in the possession of a 

vehicle rental agency in Vermont and is next rented with a final 

destination outside of Vermont.

(d) Subsections 5-1103(a) and 5-1103(b) shall not apply to new vehicles in 

the following transactions: 
VAPCR Adopted September 2011 [152]

(1) A transfer by court decree;

(2) A transfer by inheritance;

(3) A purchase by a nonresident prior to establishing residency in 

Vermont; or

(4) A sale for the purpose of being wrecked or dismantled.

5-1104 WARRANTY

(a) For all 2000 and subsequent model-year California-certified vehicles

delivered for sale or lease in Vermont, each manufacturer shall provide 

a warranty for the ultimate purchaser and each subsequent purchaser 

that complies with the requirements of Title 13, California Code of 

Regulations Sections 2035 through 2038, 2040 and 2046. 

(b) For 2002 and subsequent model-years, each manufacturer shall include 

the emission control system warranty statement required by Title 13, 

California Code of Regulations Sections 2039, modified by some means 

(e.g. printed within the text or a sticker) to clearly inform Vermont 

owners of California-certified vehicles that the California Warranty 

applies to the vehicle. This statement shall provide a telephone number 

appropriate for Vermont. 

5-1105 RECALL

(a) For all 2000 and subsequent model-year California-certified vehicles

registered in Vermont, each manufacturer shall undertake an action 

equivalent to that which is required by any order or enforcement action 

taken by CARB, or any voluntary or influenced emission related recall

initiated by any manufacturer pursuant to Title 13, California Code of 

Regulations Sections 2101 through 2120, 2122 through 2133, 2135 through 

2149, and 2166 through 2174 unless within 30 days of CARB approval of 

said recall, the manufacturer demonstrates to the Agency that such 

recall is not applicable to vehicles registered in Vermont. Each 

manufacturer must send to owners of Vermont registered Californiacertified vehicles the same notice that is used for California owners 

required by Title 13, California Code of Regulations Sections 2118 or 

2127, except that it should contain a telephone number appropriate for 

Vermont.

5-1106 MANUFACTURER FLEET REQUIREMENTS

(a) Each manufacturer shall meet the following fleet requirements for the 

new vehicles delivered for sale or lease in Vermont.

(1) Effective for 2004 and subsequent model-years, each manufacturer

shall comply with the fleet average emission requirements and, 

for 2000 and subsequent model-years, may earn and bank NMOG

credits, both in accordance with Title 13, California Code of 

Regulations Section 1961, except NMOG credits earned prior to 

model-year 2004 shall be treated as though they were earned in 

model-year 2004.
VAPCR Adopted September 2011 [153]

(2) Each manufacturer shall comply with the medium-duty vehicle

phase-in requirements and, for 2004 and subsequent model-years, 

may earn and bank VECs, both in accordance with Title 13, 

California Code of Regulations Section 1961, except VECs earned 

prior to model-year 2007 shall be treated as though they were 

earned in model-year 2007. Starting with MY 2007, all medium-duty 

vehicles must be LEV II certified in accordance with Title 13, 

California Code of Regulations Section 1961.

(3) Effective for 2004 and subsequent model-years, each manufacturer

shall comply with the LEV II phase-in requirements, in accordance 

Title 13, California Code of Regulations Section 1961.

(4) Effective for 2007 and subsequent model year vehicles, each 

manufacturer shall comply with the Zero Emission Vehicle sales 

requirement and, for 2000 and subsequent model year vehicles, may 

earn and bank ZEV and PZEV credit, both in accordance Title 13, 

California Code of Regulations Sections 1962 and 1962.1.

(5) Effective for the 2009 and subsequent model-year passenger cars, 

light-duty trucks, and medium-duty passenger vehicles, each 

manufacturer shall comply with the fleet average emission 

greenhouse gas requirements, and for 2000 and subsequent modelyears may earn and bank GHG credits, both in accordance with 

Title 13, California Code of Regulations Section 1961.1.

(6) If the ZEV and PZEV credit provisions in Title 13, California 

Code of Regulations Sections 1962 and 1962.1 or the GHG 

provisions in Title 13, California Code of Regulations Section 

1961.1 are changed, application of the revised credit provisions 

will be taken into account in any enforcement decisions regarding 

compliance with the sales requirement imposed by paragraph (4).

5-1107 MANUFACTURER REPORTING REQUIREMENTS

(a) Delivery Reporting.

(1) Commencing with the 1999 model-year for passenger cars and lightduty trucks and the 2000 model-year for medium-duty vehicles, 

each manufacturer shall submit annually, to the Agency, by March 

1 following the end of each model-year, a report, itemized by 

test group and emission standard, documenting total new vehicles

delivered for sale or lease in Vermont.

(b) Fleet Reporting.

(1) Each manufacturer shall submit annually to the Agency, by March 1 

following the end of each model-year, a report, itemized by test 

group and emission standard, that demonstrates that the 

manufacturer has met the fleet requirements of subsection 5-

1106(a) in Vermont.

(2) For 2000 and subsequent model-year passenger cars and light-duty 

trucks, and for 2004 and subsequent model-year medium-duty 

vehicles, each manufacturer shall submit by March 1 of the model-
VAPCR Adopted September 2011 [154]

year, a report, itemized by test group, emissions standard, and 

California Executive Order, projecting the manufacturer’s

compliance with the model-year fleet requirements of subsection 

5-1106(a) in Vermont. Manufacturers shall supply copies of CARB 

certification of test groups and Executive Orders in advance of 

projected sales. 

(3) If a manufacturer wants to bank VECs or GHG, NMOG, ZEV or PZEV 

credits, the manufacturer shall submit annually, by March 1 

following the end of the model-year, a report which demonstrates 

that such manufacturer has earned VECs or GHG, NMOG, ZEV or PZEV 

credits in Vermont. Credits are to be calculated to three (3) 

decimal places.

(c) Recall Reporting.

(1) For information and not for approval by Vermont, for 2000 and 

subsequent model-year vehicles, each manufacturer shall submit, 

within 30 days of CARB approval, a copy of any CARB approved 

voluntary, influenced or ordered recall plan specified by Title 

13, California Code of Regulations Sections 2114 and 2125, and 

2166 through 2174, supplemented with the number of affected 

vehicles registered in Vermont.

(2) For information and not for approval by Vermont, each 

manufacturer shall submit recall campaign progress reports for 

vehicles registered in Vermont, within the timelines of, and 

containing the information required by, Title 13, California Code 

of Regulations Sections 2119 and 2133, and 2166 through 2174. 

Reports need not be submitted to the Agency if the equivalent 

reports have been waived by CARB.

(e) Documentation.

A manufacturer, a dealer or a transporter of new vehicles shall, upon 

request, provide to the Agency of Natural Resources or the Agency of 

Transportation any documentation which either Agency determines to be 

necessary for the effective administration and enforcement of this 

subchapter.

(f) Reports and other information required by this subsection must be sent 

to: 

Director, Air Pollution Control Division

Vermont Agency of Natural Resources

Department of Environmental Conservation

Building 3 South

103 South Main Street

Waterbury, Vermont, 05671-0402.
VAPCR Adopted September 2011 [155]

5-1108 INSPECTIONS

(a) The Secretary of the Agency of Natural Resources or the Secretary of 

the Agency of Transportation or their designees may conduct inspections 

of any new and used vehicles and any related documentation for the 

purpose of determining compliance with the requirements of this 

subchapter. 

(1) Inspections may be conducted on any conveyance used to transport 

new vehicles or on any premises owned or controlled by any dealer 

or manufacturer.

(2) Inspections may extend to all emission-related parts and may 

require the on-premises operation and testing of an engine or 

vehicle.

(3) Inspections may include functional tests and other tests as 

necessary to verify compliance with this subchapter.

(b) Upon request, during an inspection, such dealer or manufacturer must 

make available to either Agency any related records, including records 

documenting vehicle origin, certification, delivery, or sales and 

records of emission related part repairs performed under warranty.

5-1109 SEVERABILITY

Each provision of this Subchapter is severable, and in the event that any 

provision of this Subchapter is held to be invalid, the remainder of the 

Subchapter shall continue in full force and effect.

NOTE: The outline numbering of Section 5-1107 will be corrected in the next 

update of the Regulations.
VAPCR Adopted September 2011 [156]

APPENDICES AND TABLES
VAPCR Adopted September 2011 [157]

APPENDIX A

RULES OF EVIDENCE, OFFICIAL NOTICE

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be 

excluded. The rules of evidence as applied in civil cases in the 

superior courts of this state shall be followed. When necessary to 

ascertain facts not reasonably susceptible of proof under those rules, 

evidence not admissible thereunder may be admitted (except where 

precluded by statute) if it is of a type commonly relied upon by 

reasonably prudent men in the conduct of their affairs. Agencies shall 

give effect to the rules of privilege recognized by law. Objections to 

evidentiary offers may be made and shall be noted in the record. 

Subject to these requirements, when a hearing will be expedited and the 

interests of the parties will not be prejudiced substantially, any part 

of the evidence may be received in written form;

(2) Documentary evidence may be received in the form of copies or excerpts, 

if the original is not readily available. Upon request, parties shall 

be given an opportunity to compare the copy with the original;

(3) A party may conduct cross-examinations required for a full and true 

disclosure of the facts;

(4) Notice may be taken of judicially cognizable facts. In addition, notice 

may be taken of generally recognized technical or scientific facts 

within the agency's specialized knowledge. Parties shall be notified 

either before or during the hearing, or by reference in preliminary 

reports or otherwise, of the material noticed, including any staff 

memoranda or data, and they shall be afforded an opportunity to contest 

the material so noticed. The agency's experience, technical competence, 

and specialized knowledge may be utilized in the evaluation of the 

evidence.
VAPCR Adopted September 2011 [158]

APPENDIX B

HAZARDOUS AIR CONTAMINANTS

CONTAMINANT CAS RN

Acetaldehyde 75-07-0

Acetamide 60-35-5

Acetic acid 64-19-7

Acetic anhydride 108-24-7

Acetone 67-64-1

Acetonitrile 75-05-8

Acetophenone 98-86-2

2-Acetylaminofluorene 53-96-3

Acrolein 107-02-8

Acrylamide 79-06-1

Acrylic acid 79-10-7

Acrylonitrile 107-13-1

Allyl chloride 107-05-1

4-Aminobiphenyl 92-67-1

2-Amino-2-methyl-1-propanol 124-68-5

Ammonia 7664-41-7

Ammonium sulfamate 7773-06-0

n-Amyl acetate 628-63-7

s-Amyl acetate 626-38-0

Aniline 62-53-3

o-Anisidine 90-04-0

Antimony compounds 0

Antimony trioxide 1309-64-4

Arsenic compounds (inorganic including arsine) 0

Arsine 7784-42-1

Asbestos 1332-21-4

Barium compounds 0

Benzene 71-43-2

1,2-Benzenedicarboxylic acid 88-99-3

Benzidine 92-87-5

Benzo-a-pyrene 50-32-8

Benzotrichloride 98-07-7

Benzyl alcohol 100-51-6

Benzyl chloride 100-44-7

Beryllium compounds 0

Biphenyl 92-52-4

Bis(chloromethyl)ether 542-88-1 

Bis(2-ethylhexy)phthalate (DEHP) 117-81-7
VAPCR Adopted September 2011 [159]

CONTAMINANT CAS RN

Bisphenol A epichlorohydrin 25068-38-6

Bisphenol A resin 80-05-7

Bromodichloromethane 75-27-4

Bromoform 75-25-2

1,3-Butadiene 106-99-0

2-Butoxyethanol 111-76-2

2-(2-Butoxyethoxy)-ethanol 112-34-5

Butoxyethyl acetate 112-07-2

n-Butyl acetate 123-86-4

s-Butyl acetate 105-46-4

t-Butyl acetate 540-88-5

n-Butyl alcohol 71-36-3

s-Butyl alcohol 78-92-2

t-Butyl alcohol 75-65-0

Butylamine 109-73-9

Butyl propasol 5131-66-8

para-tert-Butyltoluene 98-51-1

1,4-Butynediol 110-65-6

4-Butyrolactone 96-48-0

Cadmium compounds 0

Calcium cyanamide 156-62-7

Calcium oxide 1305-78-8

Caprolactam 105-60-2

Captan 133-06-2

Carbaryl 63-25-2

Carbon disulfide 75-15-0

Carbon tetrachloride 56-23-5

Carbonyl sulfide 463-58-1

Catechol 120-80-9

Chloramben 133-90-4

Chlordane 57-74-9

Chlorine 7782-50-5

Chlorine dioxide 10049-04-4

Chloroacetic acid 79-11-8

2-Chloroacetophenone 532-27-4

Chlorobenzene 108-90-7

Chlorobenzilate 510-15-6

Chlorodibenzodioxins/chlorodibenzofurans 1746-01-6

2-Chloroethyl vinyl ether 110-75-8

Chloroform 67-66-3
VAPCR Adopted September 2011 [160]

CONTAMINANT CAS RN

Chloromethyl methyl ether 107-30-2

Chloroprene 126-99-8

Chromium compounds, except for Cr (VI) compounds 0

Chromium (VI) compounds 0

Cobalt compounds 0

Coke Oven Emissions 0

Copper (dusts and mists) 0

Cresols/Cresylic acid (isomers and mixture) 1319-77-3

m-Cresol 108-39-4

o-Cresol 95-48-7

p-Cresol 106-44-5

Cumene 98-82-8

Cyanide compounds 0

Cyclohexane 110-82-7

Cyclohexanol 108-93-0

Cyclohexanone 108-94-1

Cyclohexene 110-83-8

Cyclohexlyamine 108-91-8

2,4-D, salts and esters 94-75-7

DDE 3547-04-4

Decaborane 17702-41-9

Decane 124-18-5

Diacetone alcohol 123-42-2

Diazomethane 334-88-3

Dibenzofurans 132-64-9

Dibenzoyl peroxide 94-36-0

Dibromochloromethane 124-48-1

1,2-Dibromo-3-chloropropane 96-12-8

Dibutyl phthalate 84-74-2

o-Dichlorobenzene 95-50-1

p-Dichlorobenzene 106-46-7

3,3-Dichlorobenzidene 91-94-1

Dichlorodifluoromethane 75-71-8

1,1-Dichloroethane 75-34-3

trans-1,2-Dichloroethylene 156-60-5

Dichloroethyl ether 111-44-4

1,3-Dichloropropane 542-75-6

s-Dichlorotetrafluoroethane 76-14-2

Dichlorvos 62-73-7

Diethanolamine 111-42-2
VAPCR Adopted September 2011 [161]

CONTAMINANT CAS RN

Diethylamine 109-89-7

Diethylaminoethanol 100-37-8

n,n-Diethyl aniline (n,n-Dimethyl aniline) 121-69-7

Diethylene glycol ethyl ether 111-90-0

Diethyl sulfate 64-67-5

3,3-Dimethoxybenzidine 119-90-4

Dimethoxyethane 110-71-4

Dimethoxymethane 109-87-5

Dimethylamine 124-40-3

Dimethyl aminoazobenzene 60-11-7

Dimethyl ammonium chloride 506-59-2

3,3-Dimethyl benzidine 119-93-7

Dimethyl carbamoyl chloride 79-44-7

n,n-Dimethyl dodecylamine 112-18-5

Dimethylethanolamine 108-01-0

Dimethyl formamide 68-12-2

2,6-Dimethyl-4-heptanone 108-83-8

1,1-Dimethyl hydrazine 57-14-7

n,n-Dimethyl octadecylamine 124-28-7

Dimethylphthalate 131-11-3

Dimethyl sulfate 77-78-1

4,6-Dinitro-o-cresol, and salts 534-52-1

2,4-Dinitrophenol 51-28-5

2,4-Dinitrotoluene 121-14-2

Dioxane 123-91-1

1,3-Dioxolane 646-06-0

1,2-Diphenylhydrazine 122-66-7

Diphenylmethane diisocyanate (Methylene bisphenyl isocyanate) 101-68-8

Dipropylene glycol 110-98-5

Dipropylene glycol methyl ether 34590-94-8

Dodecylguanidine hydrochloride 13590-97-1

Doxorubicin 23214-92-8

Epichlorohydrin 106-89-8

1,2-Epoxybutane 106-88-7

Ethanolamine 141-43-5

2-Ethoxyethanol 110-80-5

2-Ethoxyethyl acetate 111-15-9

Ethyl acetate 141-78-6

Ethyl acrylate 140-88-5

Ethyl alcohol 64-17-5
VAPCR Adopted September 2011 [162]

CONTAMINANT CAS RN

Ethylamine 75-04-7

Ethyl benzene 100-41-4

Ethyl bromide 74-96-4

Ethyl butyl ketone 106-35-4

Ethyl carbamate (Urethane) 51-79-6

Ethyl chloride (Chloroethane) 75-00-3

Ethylene diamine 107-15-3

Ethylene dibromide 106-93-4

Ethylene dichloride (1,2-dichloroethane) 107-06-2

Ethylene glycol 107-21-1

Ethylene imine (Aziridine) 151-56-4

Ethylene oxide 75-21-8

Ethylene thiourea 96-45-7

Ethyl ether 60-29-7

Ethyl 3-ethoxypropionate 763-69-9

2-Ethylhexanol 104-76-7

2-Ethylhexyl ester acrylic acid 103-11-7

Ethyl mercaptan 75-08-1

Fine mineral fibers1 0

Fluoranthene 206-44-0

Fluoride compounds, inorganic 0

Fluorine 7782-41-4

Formaldehyde 50-00-0

Formic acid 64-18-6

Furfural 98-01-1

Glutaraldehyde 111-30-8

Glycol ethers 0

Glyoxal 107-22-2

Heptachlor 76-44-8

Heptane 142-82-5

Hexachlorobenzene 118-74-1

Hexachlorobutadiene 87-68-3

Hexachlorocyclopentadiene 77-47-4

Hexachloroethane 67-72-1

Hexamethylene-1,6-diisocyanate 822-06-0

Hexamethylphosphoramide 680-31-9

n-Hexane 110-54-3

Hydrazine 302-01-2

Hydrogen chloride 7647-01-0

Hydrogen fluoride 7664-39-3
VAPCR Adopted September 2011 [163]

CONTAMINANT CAS RN

Hydrogen peroxide 7722-84-1

Hydrogen sulfide 7783-06-4

Hydroquinone 123-31-9

Iodine 7553-56-2

Iron oxides, dust and fume 0

Isoamyl acetate 123-92-2

Isoamyl alcohol 123-51-3

Isobutyl acetate 110-19-0

Isobutyl alcohol 78-83-1

Isobutyl ester isobutyric acid 97-85-8

Isophorone 78-59-1

Isopropyl acetate 108-21-4

Isopropyl alcohol 67-63-0

Isopropylamine 75-31-0

Isopropyl ether 108-20-3

Kerosene 8008-20-6

Lead compounds 0

Lindane (all isomers) 58-89-9

Maleic anhydride 108-31-6

Manganese compounds 0

Mercury compounds 0

Mercury, alkyl compounds 0

Methoxychlor 72-43-5

2-Methoxyethanol 109-86-4

Methoxyethoxyethanol 111-77-3

o-Methoxyphenol 90-05-1

1-Methoxy-2-propanol 107-98-2

Methyl acetate 79-20-9

Methyl alcohol 67-56-1

Methylamine 74-89-5 

p-Methylaminophenol sulfate 55-55-0

Methyl amyl ketone (2-heptanone) 110-43-0

Methyl bromide 74-83-9

Methyl tert butyl ether 1634-04-4 

Methyl chloride 74-87-3

Methylcyclohexanol 25639-42-3

4,4-Methylene bis (2-chloroaniline) 101-14-4

Methylene chloride 75-09-2

4,4-Methylenedianiline 101-77-9

Methyl ester salicylic acid 0
VAPCR Adopted September 2011 [164]

CONTAMINANT CAS RN

Methyl ethyl ketone 78-93-3

Methyl ethyl ketone peroxide 1338-23-4

Methyl hydrazine 60-34-4

Methyl iodide 74-88-4

Methyl isoamyl ketone 110-12-3

Methyl isobutyl ketone 108-10-1

Methyl isocyanate 624-83-9

Methyl methacrylate 80-62-6

3-Methyl-2-oxazolidone 19836-78-3

1-Methyl-2-pyrrolidone 872-50-4

Mineral spirits 8030-30-6

Molybdenum compounds- metal & insoluble 0

Molybdenum compounds- soluble 0

Morpholine 110-91-8

Naphthalene 91-20-3

Nickel carbonyl 13463-39-3

Nickel compounds 0

Nitric acid 7697-37-2

Nitric oxide 10102-43-9

Nitrobenzene 98-95-3

4-Nitrobiphenyl 92-93-3

p-Nitrochlorobenzene 100-00-5

Nitroethane 79-24-3

Nitromethane 75-52-5

4-Nitrophenol 100-02-7

1-Nitropropane 108-03-2

2-Nitropropane 79-46-9

n-Nitrosodimethylamine 62-75-9

n-Nitroso-n-methylurea 684-93-5

n-Nitrosomorpholine 59-89-2

Octachloronaphthalene 2234-13-1

Oxalic acid 144-62-7

Parathion 56-38-2

Pentachloronaphthalene 1321-64-8

Pentachloronitrobenzene (Quintobenzene) 82-68-8

Pentachlorophenol 87-86-5

1-Pentanol (Amyl alcohol) 71-41-0

2-Pentanone 107-87-9

Perchloric acid 7601-90-3

Phenanthrene 85-01-8
VAPCR Adopted September 2011 [165]

CONTAMINANT CAS RN

Phenol 108-95-2

Phenoxyethanol 122-99-6

p-Phenylenediamine 106-50-3 

Phenyl ether 101-84-8

1-Phenyl-3-pyrazolidone 92-43-3

Phosgene 75-44-5

Phosphine 7803-51-2

Phosphoric acid 7664-38-2

Phosphorus 7723-14-0

Phosphorus pentachloride 10026-13-8

Phosphorus pentasulfide 1314-80-3

Phosphorus trichloride 7719-12-2

Phthalic anhydride 85-44-9

Picric acid 88-89-1

Platinum compounds, metal 0

Platinum, soluble salts 0

Polychlorinated biphenyls (Aroclors) 1336-36-3

Polycylic Organic Matter2 0

Potassium hydroxide 1310-58-3

1,2-Propanediol 57-55-6

1,3-Propane sultone 1120-71-4

beta-Propiolactone 57-57-8

Propionaldehyde 123-38-6

Propoxur (Baygon) 114-26-1

2-Propoxyethanol 2807-30-9

Propoxypropanol 1569-01-3

n-Propyl acetate 109-60-4

n-Propyl alcohol 71-23-8

1,2-Propylene carbonate 108-32-7

Propylene dichloride 78-87-5

Propyleneimine 75-55-8

Propylene oxide 75-56-9

Pyrene 129-00-0

Pyridine 110-86-1

Quinoline 91-22-5

Quinone 106-51-4

Sebacic Acid 111-20-6

Selenium compounds 0

Silica, amorphous (<1% quartz) 61790-53-2

Silica, crystalline 14808-60-7
VAPCR Adopted September 2011 [166]

CONTAMINANT CAS RN

Silica, fused 60676-86-0

Silicon tetrahydride 7803-62-5

Silver compounds- metal 0

Silver compounds- soluble 0

Sodium bromide 7647-15-6

Sodium hydroxide 1310-73-2

Sodium tripolyphosphate 7758-29-4

Stoddard solvent 8052-41-3

Styrene monomer 100-42-5

Styrene oxide 96-09-3

Sulfuric acid mist 7664-93-9 

Sulfur monochloride 10025-67-9

Tellurium compounds 0

1,1,2,2-Tetrachloro-1,2-difluoroethane (Freon-112) 76-12-0

1,1,2,2-Tetrachloroethane 79-34-5

Tetrachloroethylene 127-18-4

Tetrachloronaphthalene 1335-88-2

Tetrahydrofuran 109-99-9

Texanol 25265-77-4

Tin compounds- metal and inorganic 0

Tin compounds-organic 0

Titanium dioxide 13463-67-7

Titanium tetrachloride 7550-45-0

Toluene 108-88-3

2,4-Toluene diamine 95-80-7

Toluene-2,4-diisocyanate/toluene, 2,6-diisocyanate 584-84-9

p-Toluenesulfonic acid 104-15-4

o-Toluidine 95-53-4

Toxaphene (chlorinated camphene) 8001-35-2

1,2,4-Trichlorobenzene 120-82-1

1,1,1-Trichloroethane (methyl chloroform) 71-55-6

1,1,2-Trichloroethane 79-00-5

Trichloroethylene 79-01-6

Trichlorofluoromethane (Freon-11) 75-69-4

Trichloronaphthalene 1321-65-9

2,4,5-Trichlorophenol 95-95-4

2,4,6-Trichlorophenol 88-06-2

1,2,3-Trichloropropane 96-18-4

1,1,2-Trichloro-1,2,2-trifluoroethane (Freon-113) 76-13-1

2,4,6-Tri(dimethyl aminomethyl) phenol 90-72-2
VAPCR Adopted September 2011 [167]

CONTAMINANT CAS RN

Triethanoalmine 102-71-6

Triethylamine 121-44-8

Triethyl ester phosphoric acid 78-40-0

Triethylenetetramine 112-24-3 

Triethyl orthoformate 122-51-0

Trifluorobromomethane 75-63-8

Trifluralin 1582-09-8

Trimethyl benzene (including mixed isomers) 25551-13-7 

1,2,4-Trimethyl benzene 95-63-6

s,s,s-Trimethyl ester phosphorotrithioic acid 150-50-5

2,2,4-Trimethylpentane 540-84-1

Triorthocresyl phosphate 78-30-8

Turpentine 8006-64-2

4-Undecanol, 7-ethyl-2-methyl hydrogen sulfate 139-88-8

Vanadium pentoxide 0

Vinyl acetate 108-05-4

Vinyl bromide 593-60-2

Vinyl chloride 75-01-4

Vinylidene chloride (1,1-Dichloroethylene) 75-35-4 

Vinyl toluene 25013-15-4

VM & P naphtha 8032-32-4

Xylene 1330-20-7

m-Xylenes 108-38-3

o-xylenes 95-47-6

p-xylenes 106-42-3

Zinc chloride 7646-85-7

Zinc oxide 0

1 Includes mineral fiber emissions from facilities manufacturing or 

processing glass, rock or slag fibers (or other mineral derived fibers) of 

average diameter 1 micrometer or less.

2 Includes organic compounds with more than one benzene ring, and which have 

a boiling point greater than or equal to 100°C.
VAPCR Adopted September 2011 [168]

APPENDIX C

HAZARDOUS AMBIENT AIR STANDARDS

CATEGORY I

Hazardous Air Contaminants Known or Suspected To Cause Carcinogenicity

Contaminant CAS RN

Hazardous Ambient 

Air Standard

And

Stationary Source 

Hazardous Air 

Impact Standard 

(Annual Average)

(μg/m3)

Action Level

(lbs/8 hr)

Acetaldehyde 75-07-0 0.46 0.038

Acrylamide 79-06-1 0.00076 0.000063

Acrylonitrile 107-13-1 0.015 0.0012

Allyl chloride 107-05-1 0.1 0.008

Aniline 62-53-3 0.61 0.051

Antimony trioxide 1309-64-4 0.02 0.002

Arsenic compounds, total 0 0.00023 0.000019

Arsine 7784-42-1 0.005 0.0004

Asbestos, all forms 1332-21-4 0.00012 0.000010

Benzene 71-43-2 0.13 0.011

Benzidine 92-87-5 0.000015 0.0000012

Benzo-a-pyrene 50-32-8 0.00048 0.000040

Beryllium compounds 7440-41-7 0.00042 0.000035

Biphenyl 92-52-4 0.0018 0.00015

Bromodichloromethane 75-27-4 0.056 0.0046

Bromoform 75-25-2 0.90 0.074

1,3-Butadiene 106-99-0 0.033 0.0027

2-Butoxyethanol 111-76-2 1,300 107.9

Butoxyethyl acetate 112-07-2 1,300 107.9

Cadmium compounds 7440-43-9 0.00056 0.000046

Carbon tetrachloride 56-23-5 0.066 0.0055

Chlorodibenzodioxins/

chlorodibenzofurans 1746-01-6 2.33E-08 1.93E-09

Chloroform 67-66-3 0.043 0.0036

Chloroprene 126-99-8 0.7 0.06

Chromium (VI) Compounds 0 0.000083 0.0000069

Cobalt compounds 0 0.01 0.00083

Dibromochloromethane 124-48-1 0.042 0.0035

1,1-Dichloroethane 75-34-3 50 4.2

Dichloroethyl ether 111-44-4 0.0029 0.00024

Dimethyl sulfate 77-78-1 0.01 0.00083
VAPCR Adopted September 2011 [169]

Contaminant CAS RN

Hazardous Ambient 

Air Standard

And

Stationary Source 

Hazardous Air 

Impact Standard 

(Annual Average)

(μg/m3)

Action Level

(lbs/8 hr)

2,4-Dinitrotoluene 121-14-2 0.0051 0.00042

Dioxane 123-91-1 0.32 0.027

Doxorubicin 23214-92-8 0.01 0.00083

Epichlorohydrin 106-89-8 0.83 0.069

1,2-Epoxybutane 106-88-7 2.0 0.17

Ethyl benzene 100-41-4 100 8.30

Ethyl bromide 74-96-4 0.01 0.00083

Ethylene dibromide 106-93-4 0.0045 0.00037

Ethylene dichloride (1,2-

dichloroethane) 107-06-2 0.038 0.0032

Ethylene oxide 75-21-8 0.01 0.00083

Formaldehyde 50-00-0 0.078 0.0065

Furfural 98-01-1 0.01 0.00083

Hexachlorobenzene 118-74-1 0.0022 0.00018

Hexachlorobutadiene 87-68-3 0.045 0.0037

Hexachloroethane 67-72-1 0.25 0.021

Hydroquinone 123-31-9 0.01 0.00083

Isophorone 78-59-1 70.7 5.87

Lead compounds 0 0.01 0.00083

Methylene chloride 75-09-2 2.1 0.17

Naphthalene 91-20-3 0.3 0.02

Nickel carbonyl 13463-39-3 0.01 0.00083

Nickel compounds 0 0.0021 0.00017

Nitrobenzene 98-95-3 0.15 0.012

Nitromethane 75-52-5 0.01 0.00083

2-Nitropropane 79-46-9 0.00037 0.000031

Pentachlorophenol 87-86-5 0.029 0.0024

Polychlorinated biphenyls 1336-36-3 0.0018 0.00015

Propylene dichloride 78-87-5 0.051 0.0042

Propylene imine 75-55-8 0.01 0.00083

Propylene oxide 75-56-9 0.27 0.022

Pyridine 110-86-1 0.01 0.00083

Styrene monomer 100-42-5 100 8.30

Sulfuric acid mist 7664-93-9 0.33 0.027

1,1,2,2-Tetrachloroethane 79-34-5 0.018 0.0015

Tetrachloroethylene 127-18-4 0.18 0.015
VAPCR Adopted September 2011 [170]

Contaminant CAS RN

Hazardous Ambient 

Air Standard

And

Stationary Source 

Hazardous Air 

Impact Standard 

(Annual Average)

(μg/m3)

Action Level

(lbs/8 hr)

Toluene-2,4-diisocyanate/

toluene-2,6-diisocyanate 26471-62-5 0.007 0.0006

o-Toluidine 95-53-4 0.015 0.0012

1,1,2-Trichloroethane 79-00-5 0.063 0.0052

Trichloroethylene 79-01-6 0.5 0.04

2,4,6-Trichlorophenol 88-06-2 0.32 0.027

1,2,3-Trichloropropane 96-18-4 0.0005 0.00004

Vanadium pentoxide 1314-62-1 0.01 0.00083

Vinyl acetate 108-05-4 20 1.7

Vinyl chloride 75-01-4 0.11 0.0091

Vinylidene chloride (1,1-

Dichloroethylene) 75-35-4 20 1.7
VAPCR Adopted September 2011 [171]

HAZARDOUS AMBIENT AIR STANDARDS

CATEGORY II

Hazardous Air Contaminants Believed to Cause Chronic

Systemic Toxicity Due to Long Term Exposure

Contaminant CAS RN

Hazardous 

Ambient Air 

Standard 

(Annual 

Average)

(μg/m3)

Action Level

(lbs/8 hr)

Acetone 67-64-1 315 26.1

Acetonitrile 75-05-8 60 5.0

Acrolein 107-02-8 0.02 0.002

Ammonia 7664-41-7 100 8.3

n-Amyl acetate 628-63-7 18 1.5

s-Amyl acetate 626-38-0 18 1.5

Antimony compounds 0 4 0.3

Barium compounds 0 0.5 0.04

Bisphenol A epichlorohydrin 25068-38-6 0.01 0.00083

Bisphenol A resin 80-05-7 18 1.5

n-Butyl acetate 123-86-4 424 35.2

s-Butyl acetate 105-46-4 141.3 11.73

t-Butyl acetate 540-88-5 141.3 11.73

n-Butyl alcohol 71-36-3 173 14.4

s-Butyl alcohol 78-92-2 58 4.8

t-Butyl alcohol 75-65-0 152 12.6

para-tert-Butyltoluene 98-51-1 14 1.2

4-Butyrolactone 96-48-0 58 4.8

Carbon disulfide 75-15-0 657 54.5

Chlorine dioxide 10049-04-4 0.2 0.02

Chlorobenzene 108-90-7 2.0 0.2

Chromium compounds, except for Cr 

(VI) compounds 0 0.12 0.010

Copper (dust and mists) 0 0.24 0.020

Cumene 98-82-8 400 33.2

Cyanide compounds 0 7.0 0.6

Cyclohexane 110-82-7 82 6.8

Cyclohexanol 108-93-0 49 4.0

Cyclohexanone 108-94-1 64 5.3

Cyclohexene 110-83-8 800 66.4

Cyclohexlyamine 108-91-8 70 5.8

Decaborane 17702-41-9 0.006 0.0005

Diazomethane 334-88-3 0.08 0.007
VAPCR Adopted September 2011 [172]

Contaminant CAS RN

Hazardous 

Ambient Air 

Standard 

(Annual 

Average)

(μg/m3)

Action Level

(lbs/8 hr)

Dibutyl phthalate 84-74-2 3.0 0.25

o-Dichlorobenzene 95-50-1 200 16.6

Dichlorodifluoromethane 75-71-8 200 16.6

trans-1,2-Dichloroethylene 156-60-5 19.0 1.6

s-Dichlorotetrafluoroethane 76-14-2 41,611 3,454

Diethanolamine 111-42-2 3 0.2

Diethylamine 109-89-7 2.9 0.24

Diethylaminoethanol 100-37-8 8.6 0.71

Diethylene glycol ethyl ether 111-90-0 700 58.1

Dimethoxyethane 110-71-4 0.01 0.00083

Dimethoxymethane 109-87-5 988 82.0

Dimethylamine 124-40-3 33 2.7

Dimethylphthalate 131-11-3 119 9.9

1,3-Dioxolane 646-06-0 67.6 5.6

Diphenylmethane diisocyanate 101-68-8 0.2 0.02

Dipropylene glycol 110-98-5 250 20.8

Dipropylene glycol methyl ether 34590-94-8 1,443 120

Ethanolamine 141-43-5 6.0 0.49

2-Ethoxyethanol 110-80-5 70 5.8

2-Ethoxyethyl acetate 111-15-9 30 2.5

Ethyl acetate 141-78-6 1,144 95

Ethyl alcohol 64-17-5 449 37.2

Ethylamine 75-04-7 1.9 0.16

Ethyl butyl ketone 106-35-4 300 24.9

Ethylene diamine 107-15-3 30 2.5

Ethylene glycol 107-21-1 400 33.2

Ethyl ether 60-29-7 144 12.0

Fluoranthene 206-44-0 14 1.2

Fluoride compounds, inorganic 0 60 4.9

Fluorine 7782-41-4 37 3.1

Glutaraldehyde 111-30-8 0.08 0.0066

Glyoxal 107-22-2 0.071 0.0059

Hexamethylene-1,6-diisocyanate 822-06-0 0.01 0.00083

n-Hexane 110-54-3 7,000 581

Hydrogen chloride 7647-01-0 20 1.7

Hydrogen fluoride 7664-39-3 14 1.2

Hydrogen peroxide 7722-84-1 0.6 0.050
VAPCR Adopted September 2011 [173]

Contaminant CAS RN

Hazardous 

Ambient Air 

Standard 

(Annual 

Average)

(μg/m3)

Action Level

(lbs/8 hr)

Hydrogen sulfide 7783-06-4 1.0 0.08

Iron oxides, dust and fumes 0 12 1.0

Isoamyl acetate 123-92-2 127 10.5

Isoamyl alcohol 123-51-3 8.6 0.71

Isobutyl acetate 110-19-0 17 1.4

Isobutyl alcohol 78-83-1 105 8.7

Isopropyl alcohol 67-63-0 2,212 184

Isopropyl ether 108-20-3 497 41.3

Kerosene 8008-20-6 85 7.1

Manganese compounds 0 0.05 0.004

Mercury compounds 0 0.3 0.02

Mercury, alkyl compounds 0 0.24 0.020

2-Methoxyethanol 109-86-4 20 1.7

1-Methoxy-2-propanol 107-98-2 1,990 165

Methyl acetate 79-20-9 117 9.7

Methyl alcohol 67-56-1 1,166 97

Methylamine 74-89-5 1.0 0.084

Methyl amyl ketone (2-heptanone) 110-43-0 364 30.2

Methyl bromide 74-83-9 5 0.4

Methyl chloride 74-87-3 90 7.5

Methylcyclohexanol 25639-42-3 10 0.84

Methyl ethyl ketone 78-93-3 5,000 415

Methyl ethyl ketone peroxide 1338-23-4 0.06 0.005

Methyl iodide 74-88-4 5 0.4

Methyl isoamyl ketone 110-12-3 56 4.6

Methyl isobutyl ketone 108-10-1 3,000 249

Methyl methacrylate 80-62-6 240 19.9

Mineral spirits 8030-30-6 113 9.4

Molybdenum compounds (soluble) 0 1.2 0.099

Molybdenum compounds (metal & 

insoluble) 0 2.4 0.20

Nitric oxide 10102-43-9 11 0.93

p-Nitrochlorobenzene 100-00-5 0.10 0.0083

Nitroethane 79-24-3 37 3.0

1-Nitropropane 108-03-2 8.7 0.72

Octachloronaphthalene 2234-13-1 0.024 0.0020

Oxalic acid 144-62-7 1.0 0.083
VAPCR Adopted September 2011 [174]

Contaminant CAS RN

Hazardous 

Ambient Air 

Standard 

(Annual 

Average)

(μg/m3)

Action Level

(lbs/8 hr)

Pentachloronaphthalene 1321-64-8 0.040 0.0033

2-Pentanone 107-87-9 167.9 13.9

Phenanthrene 85-01-8 105 8.7

Phenol 108-95-2 64 5.3

Phenoxyethanol 122-99-6 13 1.1

Phosgene 75-44-5 0.2 0.02

Phosphine 7803-51-2 0.3 0.02

Phosphoric acid 7664-38-2 10 0.83

Phosphorus pentachloride 10026-13-8 0.11 0.0091

Phosphorus pentasulfide 1314-80-3 0.33 0.027

Phosphorus trichloride 7719-12-2 3.4 0.28

Phthalic anhydride 85-44-9 20 1.7

Picric acid 88-89-1 20 1.7

Platinum, soluble salts 0 20 1.7

1,2-Propanediol 57-55-6 70 5.8

n-Propyl acetate 109-60-4 114 9.5

n-Propyl alcohol 71-23-8 221 18.4

Pyrene 129-00-0 11 0.87

Selenium compounds 0 1.8 0.15

Silica, amorphous (<1% quartz) 61790-53-2 24 2.0

Silica, crystalline 14808-60-7 0.12 0.010

Silica, fused 60676-86-0 0.02 0.0017

Silicon tetrahydride 7803-62-5 16 1.3

Silver compounds (soluble) 0 0.79 0.066

Silver compounds (metal) 0 7.9 0.66

Sodium bromide 7647-15-6 140 11.6

Stoddard solvent 8052-41-3 4,167 346

Tellurium compounds 0 0.79 0.066

1,1,2,2-Tetrachloro-1,2-

difluoroethane (Freon-112) 76-12-0 208 17.3

Tetrachloronaphthalene 1335-88-2 0.16 0.013

Tetrahydrofuran 109-99-9 35.1 2.9

Tin compounds (metal and 

inorganic) 0 4.8 0.40

Tin compounds (organic) 0 0.3 0.02

Toluene 108-88-3 300 24.9

1,1,1-Trichloroethane 71-55-6 1,000 83.0

Trichlorofluoromethane (Freon-11) 75-69-4 562 46.6
VAPCR Adopted September 2011 [175]

Contaminant CAS RN

Hazardous 

Ambient Air 

Standard 

(Annual 

Average)

(μg/m3)

Action Level

(lbs/8 hr)

Trichloronaphthalene 1321-65-9 0.4 0.03

1,1,2-Trichloro-1,2,2-

trifluoroethane (Freon-113) 76-13-1 30,000 2,490

Triethanoalmine 102-71-6 16.7 1.4

Triethylamine 121-44-8 7 0.6

Triethylenetetramine 112-24-3 111 9.2

Trifluorobromomethane 75-63-8 48,340 4,012

Trimethyl benzene (including 

mixed isomers) 25551-13-7 9.8 0.8

Triorthocresyl phosphate 78-30-8 0.02 0.002

Turpentine 8006-64-2 42 3.5

Vinyl toluene 25013-15-4 4.0 0.33

VM & P naphtha 8032-32-4 113.4 9.41

Xylene 1330-20-7 100 8.3

Zinc chloride 7646-85-7 1.0 0.083

Zinc oxide 1314-13-2 1.0 0.083
VAPCR Adopted September 2011 [176]

HAZARDOUS AMBIENT AIR STANDARDS

CATEGORY III

Hazardous Air Contaminants Believed to Cause Short-term Irritant Effects

Contaminant CAS RN

Hazardous 

Ambient Air 

Standard

(μg/m3)

Action Level 

(lbs/8 hr)

Acetic acid 64-19-7 58 3.0

Acetic anhydride 108-24-7 50 2.6

2-Amino-2-methyl-1-propanol 124-68-5 36 1.9

Ammonium sulfamate 7773-06-0 70 3.6

1,2-Benzenedicarboxylic acid 88-99-3 36 1.9

Benzyl alcohol 100-51-6 105 5.5

2-(2-Butoxyethoxy)-ethanol 112-34-5 21 1.1

Butylamine 109-73-9 119 6.2

Butyl propasol 5131-66-8 36 1.9

1,4-Butynediol 110-65-6 36 1.9

Calcium oxide 1305-78-8 4.8 0.25

Chlorine 7782-50-5 0.2 0.01

2-Chloroethyl vinyl ether 110-75-8 36 1.9

Decane 124-18-5 36 1.9

Diacetone alcohol 123-42-2 113 5.9

Dibenzoyl peroxide 94-36-0 13 0.65

Dimethyl ammonium chloride 506-59-2 36 1.9

n,n-Dimethyl dodecylamine 112-18-5 36 1.9

Dimethylethanolamine 108-01-0 36 1.9

2,6-Dimethyl-4-heptanone 108-83-8 35 1.8

n,n-Dimethyl octadecylamine 124-28-7 36 1.9

Dodecylguanidine hydrochloride 13590-97-1 36 1.9

Ethyl 3-ethoxypropionate 763-69-9 62.3 3.2

2-Ethylhexanol 104-76-7 36 1.9

2-Ethylhexyl ester acrylic acid 103-11-7 36 1.9

Ethyl mercaptan 75-08-1 1.9 0.099

Formic acid 64-18-6 36 1.9

Heptane 142-82-5 7,000 364

Iodine 7553-56-2 2 0.1

Isobutyl ester isobutyric acid 97-85-8 36 1.9

Isopropyl acetate 108-21-4 332 17.2

Isopropylamine 75-31-0 81 4.2

Methoxyethoxyethanol 111-77-3 36 1.9

o-Methoxyphenol 90-05-1 36 1.9

p-Methylaminophenol sulfate 55-55-0 36 1.9
VAPCR Adopted September 2011 [177]

Contaminant CAS RN

Hazardous 

Ambient Air 

Standard

(μg/m3)

Action Level 

(lbs/8 hr)

Methyl ester salicylic acid 119-36-8 36 1.9

3-Methyl-2-oxazolidone 19836-78-3 36 1.9

1-Methyl-2-pyrrolidone 872-50-4 172 8.9

Morpholine 110-91-8 159 8.3

Nitric acid 7697-37-2 137 7.1

1-Pentanol (Amyl alcohol) 71-41-0 36 1.9

Perchloric acid 7601-90-3 36 1.9

Phenyl ether 101-84-8 24 1.2

1-Phenyl-3-pyrazolidone 92-43-3 36 1.9

Platinum compounds, metal 7440-06-4 36 1.9

Potassium hydroxide 1310-58-3 0.67 0.035

2-Propoxyethanol 2807-30-9 36 1.9

Propoxypropanol 1569-01-3 36 1.9

1,2-Propylene carbonate 108-32-7 36 1.9

Sebacic Acid 111-20-6 36 1.9

Sodium hydroxide 1310-73-2 6.7 0.35

Sodium tripolyphosphate 7758-29-4 6.7 0.35

Sulfur monochloride 10025-67-9 2 0.1

Texanol 25265-77-4 36 1.9

Titanium dioxide 13463-67-7 6.0 0.31

p-Toluenesulfonic acid 104-15-4 36 1.9

2,4,6-Tri(dimethyl aminomethyl) 

phenol 90-72-2 36 1.9

Triethyl ester phosphoric acid 78-40-0 36 1.9

Triethyl orthoformate 122-51-0 36 1.9

4-Undecanol, 7-ethyl-2-methyl 

hydrogen sulfate 139-88-8 36 1.9
VAPCR Adopted September 2011 [178]

APPENDIX D

METHOD FOR THE DERIVATION OF HAZARDOUS AMBIENT AIR STANDARD

This appendix presents the standard procedure which shall be used by the 

Secretary when deriving a Hazardous Ambient Air Standard (HAAS), in 

micrograms per cubic meter, for a hazardous air contaminant. In the event the 

United States Environmental Protection Agency (U.S. EPA) adopts an ambient 

air quality standard or a standardized method for determining such a standard 

for a hazardous air contaminant, the Secretary may set the HAAS for the 

contaminant at the level or by the method so established by the U.S. EPA. The 

HAAS may be no less stringent than the Federal ambient air quality standard.

CATEGORY I: Hazardous Air Contaminants that are Known or Suspected 

Carcinogens

Hazardous air contaminants that have been listed as potentially carcinogenic 

by the U.S. EPA, or International Agency for Research on Cancer, shall be 

classified as Category I: known or suspected carcinogens (except for HACs 

solely categorized by IARC as Group 1, inhaled in a form from occupational 

sources). Hazardous air contaminants that are reported to induce cancer in 

two or more species by the National Toxicological Program may also be 

classified as known or suspected carcinogens by the Secretary after 

consultation with the Vermont Department of Health. 

The HAAS for each Category 1 hazardous air contaminant shall be set at a 

level estimated to correspond to an excess lifetime carcinogenic risk of one 

in one million assuming continual inhalation exposure. In cases where there 

is insufficient data available to derive such a value, the HAAS shall be set 

at 0.01 μg/m3.

The averaging period for known or suspected carcinogens shall be annual. 

CATEGORIES II AND III: Hazardous Air Contaminants Believed to Cause Chronic 

Systemic Toxicity due to Long-term Exposure or Shortterm Irritant Effects

Those hazardous air contaminants not identified as potentially carcinogenic 

as defined above, are referred to as noncarcinogens and are divided into two 

categories: 

Category II: Hazardous Air Contaminants Believed to Cause Chronic 

Systemic Toxicity due to Long-term Exposure; and 

Category III: Hazardous Air Contaminants Believed to Cause Short-term 

Irritant Effects. 

For both types of effects, it is generally assumed that some threshold level 

of toxicity exists (i.e. there is some level of exposure below which no 

adverse health effects are likely to occur).

Because the actual threshold level of exposure will vary from individual to 

individual, assessment of such compounds focuses on estimating a population 

threshold level. The HAAS for each Category II and Category III compound 

shall be set at a level estimated to correspond to such a threshold based on 

continual inhalation exposure. 
VAPCR Adopted September 2011 [179]

Various sources of toxicity information shall be examined in the development 

of a HAAS for each Category II and Category III hazardous air contaminants. 

These sources shall include, but are not limited to: U.S. EPA RfCs, 

occupational values (e.g., ACGIH TLVs, NIOSH RELS, VOSHA PELs), ATSDR MRLs, 

California EPA RELs, National AEGLs and reports published in the peer 

reviewed literature.

Uncertainty Factor

One or more uncertainty factors, each ranging from 1 to 10, may be applied in 

the development of a HAAS for each Category II or Category III hazardous air 

contaminant. Where appropriate, an additional modifying factor, typically 

ranging from 1 to 10, may be included in the calculation. The total 

adjustment factor applied will depend on the nature and extent of chemical 

specific toxicity information available for review.

Averaging Time

The averaging period for Category II hazardous air contaminants shall be 

annual. A 24 hour averaging period will be employed for Category III

hazardous air contaminants.

Alternative Methods

In the event that insufficient toxicological information is available with 

which to derive a HAAS for Category II and Category III hazardous air 

contaminants, a default value shall be set for each category at the median

value of all HAAS published in Appendix C for the given category. The action 

level shall be derived in accordance with Appendix E. 

a. The Category II median HAAS is 20 μg/m3 and its representative 

action level is 1.7 lbs/8 h. 

b. The Category III median HAAS is 36 μg/m3 and its representative 

action level is 1.9 lbs/8 h.
VAPCR Adopted September 2011 [180]

APPENDIX E

METHOD FOR THE DERIVATION OF ACTION LEVELS

This appendix presents the standard procedure which shall be used by the 

Secretary when deriving an Action Level, in pounds of emissions per eight 

hours, for a hazardous air contaminant.

Action Levels shall be calculated for all hazardous air contaminants for 

which the Secretary has established a HAAS by one of the following methods:

1. For hazardous air contaminants with a HAAS based on a twenty-four hour 

averaging period, the HAAS shall be multiplied by 0.052.

2. For hazardous air contaminants with a HAAS based on an annual averaging 

period, the HAAS shall be multiplied by 0.083.
VAPCR Adopted September 2011 [181]

APPENDIX F

Title 13 

CCR Title

Section

Amended 

Date

Chapter 1 Motor Vehicle Pollution Control Devices.

Article 1 General Provisions.

1900 Definitions. 12/17/08

(adopted)

1903 Plans Submitted. Date not 

listed

1904 Applicability to Vehicles Powered by Fuels Other 

Than Gasoline.

09/30/91

Article 2 Approval of Motor Vehicle Pollution Control Devices (New

Vehicles).

1956.8(g) 

and (h)

Exhaust Emissions Standards and Test Procedures -

1985 and Subsequent Model Heavy-Duty Engines and 

Vehicles.

01/04/08

1960.1 Exhaust Emissions Standards and Test Procedures -

1981 and through 2006 Model Passenger Cars, LightDuty and Medium-Duty Vehicles.

10/16/02, 

03/26/04

1960.5 Certification of 1983 and Subsequent Model-Year 

Federally-Certified Light-Duty Motor Vehicles for 

Sale in California.

10/16/02

1961 Exhaust Emission Standards and Test Procedures -

2004 and Subsequent Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles.

12/17/08

(adopted)

1961.1 Greenhouse Gas Exhaust Emission Standards and Test 

Procedures – 2009 and Subsequent Model Passenger 

Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

01/01/06

1962 Zero-Emission Vehicle Standards for 2005 and 

Subsequent Model Passenger Cars, Light-Duty Trucks, 

and Medium-Duty Vehicles.

12/17/08

(adopted)

1962.1 Zero-Emission Vehicle Standards for 2009 and 

Subsequent Model Year Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles.

12/17/08

(adopted)

1964 Special Test Procedures for Certification and 

Compliance – New Modifier Certified Motor Vehicles.

02/23/90

1965 Emission Control, Smog Index, and Environmental 

Performance Labels — 1979 and Subsequent Model-Year

Motor Vehicles.

06/16/08

1968.1 Malfunction and Diagnostic System Requirements -

1994 and Subsequent Model-Year Passenger Cars, 

Light-Duty Trucks and Medium-Duty Vehicles and 

Engines.

11/27/99

1968.2 Malfunction and Diagnostic System Requirements –

2004 and Subsequent Model-Year Passenger Cars, 

11/09/07
VAPCR Adopted September 2011 [182]

Title 13 

CCR Title

Section

Amended 

Date

Light-Duty Trucks and Medium-Duty Vehicles and 

Engines.

1976 Standards and Test Procedures for Motor Vehicle Fuel 

Evaporative Emissions.

01/04/08

1978 Standards and Test Procedures for Vehicle Refueling 

Emissions.

01/04/08

Article 6 Emission Control System Warranty.

2035 Purpose, Applicability, and Definitions. 11/09/07

2036 Defects Warranty Requirements for 1979 Through 1989 

Model Passenger Cars, Light-Duty Trucks, and MediumDuty Vehicles; 1979 and Subsequent Model Motorcycles 

and Heavy-Duty Vehicles; and Motor Vehicle Engines 

Used in Such Vehicles.

05/15/99

2037 Defects Warranty Requirements for 1990 and 

Subsequent Model Passenger Cars, Light-Duty Trucks, 

and Medium-Duty Vehicles, and Motor Vehicle Engines 

Used in Such Vehicles.

11/09/07

2038 Performance Warranty Requirements for 1990 and 

Subsequent Model Passenger Cars, Light-Duty Trucks, 

Medium-Duty Vehicles and Motor Vehicle Engines Used 

in Such Vehicles.

11/09/07

2039 Emissions Control System Warranty Statement. 12/26/90

2040 Vehicle Owner Obligations. 12/26/90

2041 Mediation; Finding of Warrantable Condition. 12/26/90

2046 Defective Catalyst. 01/16/79*

2047 Certification procedures for Used Modifier-certified 

Motor Vehicles.

05/31/88

Chapter 2 Enforcement of Vehicle Emission Standards and Surveillance 

Testing.

Article 1 Assembly-Line Testing.

2062 Assembly-Line Test Procedures - 1998 and Subsequent 

Model-years.

11/27/99

Article 2 Enforcement of New and In-Use Vehicle Standards.

2101 Compliance Testing and Inspection - New Vehicle

Selection, Evaluation and Enforcement Action.

11/27/99

2109 New Vehicle Recall Provisions. 11/30/83*

2110 Remedial Action for Assembly-Line Quality Audit 

Testing of Less Than a Full Calendar Quarter of 

Production Prior to the 2001 Model-year.

11/27/99

Article 2.1 Procedures for In-Use Vehicle Voluntary and Influenced Recalls.

2111 Applicability. 01/04/08

2112 Definitions. 08/15/07
VAPCR Adopted September 2011 [183]

Title 13 

CCR Title

Section

Amended 

Date

Appendix A to Article 2.1. 08/15/07

2113 Initiation and Approval of Voluntary and Influenced 

Emission-Related Recalls.

01/26/95

2114 Voluntary and Influenced Recall Plans. 11/27/99

2115 Eligibility for Repair. 01/26/95

2116 Repair Label. 01/26/95

2117 Proof of Correction Certificate. 01/26/95

2118 Notification. 01/26/95

2119 Recordkeeping and Reporting Requirements 11/27/99

2120 Other Requirements Not Waived. 01/26/95

Article 2.2 Procedures for In-Use Vehicle Ordered Recalls.

2121 Penalties. 01/26/95

2122 General Provisions. 01/04/08

2123 Initiation and Notification of Ordered EmissionRelated Recalls.01/26/95

2124 Availability of Public Hearing. 01/26/95

2125 Ordered Recall Plan. 01/26/95

2126 Approval and Implementation of Recall Plan. 01/26/95

2127 Notification of Owners. 01/26/95

2128 Repair Label. 01/26/95

2129 Proof of Correction Certificate. 01/26/95

2130 Capture Rates and Alternative Measures. 11/27/99

2131 Preliminary Tests. 01/26/95

2132 Communication with Repair Personnel. 01/26/95

2133 Recordkeeping and Reporting Requirements. 01/26/95

2134 Penalties. 01/26/95

2135 Extension of Time. 01/26/95

Article 2.3 In-Use Vehicle Enforcement Test Procedures.

2136 General Provisions. 01/04/08

2137 Vehicle Selection. 12/28/00

2138 Restorative Maintenance. 11/27/99

2139 Testing. 08/21/02

2140 Notification and Use of Test Results. 08/21/02

Article 2.4 Procedures for Reporting Failure of Emission-Related Components.

2141 General Provisions. 01/04/08

2142 Alternative Procedures 02/23/90
VAPCR Adopted September 2011 [184]

Title 13 

CCR Title

Section

Amended 

Date

2143 Failure Levels Triggering Recall. 11/27/99

2144 Emission Warranty Information Report. 11/27/99

2145 Field Information Report. 11/27/99

2146 Emissions Information Report. 11/27/99

2147 Demonstration of Compliance with Emission Standards. 08/21/02

2148 Evaluation of Need for Recall. 11/27/99

2149 Notification of Subsequent Action. 02/23/90

Article 5 Procedures for Reporting Failures of Emission-Related Equipment 

and Required Corrective Action.

2166 General Provisions. 01/04/08

2166.1 Definitions. 01/04/08

2167 Emission Warranty Information Report. 01/04/08

2168 Supplemental Emission Warranty Information Report. 01/04/08

2169 Recall and Corrective Action for Other EmissionRelated Component Failures (On-Board DiagnosticEquipped Vehicles and Engines).01/04/08

2170 Recall and Corrective Action for Other EmissionRelated Component Failures (On-Board DiagnosticEquipped Vehicles and Engines).01/04/08

2171 Recall and Corrective Action for Vehicles Without 

On-Board Diagnostic Systems, Vehicles with NonCompliant On-Board Diagnostic Systems, or Vehicles 

with On-Board Computer Malfunction.

01/04/08

2172 Notification of Required Recall or Corrective Action 

by the Executive Officer.

01/04/08

2172.1 Ordered or Voluntary Corrective Action Plan. 01/04/08

2172.2 Approval and Implementation of Corrective Action 

Plan.

01/04/08

2172.3 Notification of Owners. 01/04/08

2172.4 Repair Label. 01/04/08

2172.5 Proof of Correction Certificate. 01/04/08

2172.6 Preliminary Tests. 01/04/08

2172.7 Communication with Repair Personnel. 01/04/08

2172.8 Recordkeeping and Reporting Requirements. 01/04/08

2172.9 Extension of Time. 01/04/08

2173 Penalties. 01/04/08

2174 Availability of Public Hearing. 01/04/08

Chapter 4 Criteria for the Evaluation of Motor Vehicle Pollution Control 

Devices and Fuel Additives.
VAPCR Adopted September 2011 [185]

Title 13 

CCR Title

Section

Amended 

Date

Article 2 Aftermarket Parts.

2222 Add-On Parts and Modified Parts. 07/10/08

Chapter 4.4 Specifications for Fill Pipes and Openings of Motor Vehicle Fuel 

Tanks.

2235 Requirements. 09/17/91

*Note: Filing date. Effective date is 30 days later.
VAPCR Adopted September 2011 [186]

TABLE 1

Industrial Process Weight Standards*

Process Weight

lbs/hr (kg/hr)

Discharge 

Maximum Weight

lbs/hr (kg/hr)

Process Weight

lbs/hr (kg/hr)

Discharge

Maximum Weight

lbs/hr (kg/hr)

50 (23) 0.24 (0.11) 3400 (1542) 5.44 (2.47)

100 (45) 0.46 (0.21) 3500 (1588) 5.52 (2.50)

150 (68) 0.66 (0.30) 3600 (1633) 5.61 (2.54)

200 (91) 0.85 (0.39) 3700 (1678) 5.69 (2.58)

250 (113) 1.03 (0.47) 3800 (1724) 5.77 (2.62)

300 (136) 1.20 (0.54) 3900 (1769) 5.85 (2.65)

350 (159) 1.35 (0.61) 4000 (1814) 5.93 (2.70)

400 (181) 1.50 (0.68) 4100 (1860) 6.01 (2.73)

450 (204) 1.63 (0.74) 4200 (1905) 6.08 (2.76)

500 (227) 1.77 (0.80) 4300 (1950) 6.15 (2.79)

550 (249) 1.89 (0.86) 4400 (1996) 6.22 (2.82)

600 (272) 2.01 (0.91) 4500 (2041) 6.30 (2.86)

650 (295) 2.12 (0.96) 4600 (2087) 6.37 (2.89)

700 (318) 2.24 (1.02) 4700 (2132) 6.45 (2.93)

750 (340) 2.34 (1.06) 4800 (2177) 6.52 (2.96)

800 (363) 2.43 (1.10) 4900 (2223) 6.60 (2.99)

850 (386) 2.53 (1.15) 5000 (2268) 6.67 (3.03)

900 (408) 2.62 (1.19) 5500 (2495) 7.03 (3.19)

950 (431) 2.72 (1.23) 6000 (2722) 7.37 (3.34)

1000 (454) 2.80 (1.27) 6500 (2948) 7.71 (3.50)

1100 (499) 2.97 (1.35) 7000 (3175) 8.05 (3.65)

1200 (544) 3.12 (1.42) 7500 (3402) 8.39 (3.81)

1300 (590) 3.26 (1.48) 8000 (3629) 8.71 (3.95)

1400 (635) 3.40 (1.54) 8500 (3856) 9.03 (4.10)

1500 (680) 3.54 (1.61) 9000 (4082) 9.36 (4.25)

1600 (726) 3.66 (1.66) 9500 (4309) 9.67 (4.39)

1700 (771) 3.79 (1.72) 10000 (4536) 10.00 (4.54)

1800 (816) 3.91 (1.77) 11000 (4989) 10.63 (4.82)

1900 (862) 4.03 (1.83) 12000 (5443) 11.28 (5.12)

2000 (907) 4.14 (1.88) 13000 (5897) 11.89 (5.39)

2100 (953) 4.24 (1.92) 14000 (6350) 12.50 (5.67)

2200 (998) 4.34 (1.97) 15000 (6804) 13.13 (5.96)

2300 (1043) 4.44 (2.01) 16000 (7257) 13.74 (6.23)

2400 (1089) 4.55 (2.06) 17000 (7711) 14.36 (6.51)

2500 (1134) 4.64 (2.10) 18000 (8165) 14.97 (6.79)

2600 (1179) 4.74 (2.15) 19000 (8618) 15.58 (7.07)

2700 (1225) 4.84 (2.20) 20000 (9072) 16.19 (7.34)

2800 (1270) 4.92 (2.23) 30000 (13608) 22.22 (10.08)

2900 (1315) 5.02 (2.28) 40000 (18144) 28.3 (12.84)

3000 (1361) 5.10 (2.31) 50000 (22680) 34.3 (15.56)

3100 (1406) 5.18 (2.35) 60000 (27215) 40.0 (18.14)

3200 (1451) 5.27 (2.39)

or More

3300 (1497) 5.36 (2.43)

*Note: In the case of any conflict between the English and Metric units set out in this 

table, the English units shall prevail.
VAPCR Adopted September 2011 [187]

TABLE 2

Prevention of Significant Deterioration (PSD) Increments

Air ContaminantAveraging Time Maximum Allowable Increment (μg/m3)

Class I Class II Class III

PM10

Annual (arithmetic 

mean) 4 17 34

24-hr (maximum) 8 30 60

PM2.5

Annual (arithmetic 

mean) 1 4 8

24-hr (maximum) 2 9 18

Sulfur Dioxide

Annual (arithmetic 

mean) 2 20 40

24-hr (maximum) 5 91 182

3-hr (maximum) 25 512 700

Nitrogen 

Dioxide

Annual (arithmetic 

mean) 2.5 25 50

At present all attainment areas of the State are Class II, except for the Lye 

Brook Wilderness Area which is Class I. Increments for Class III areas are 

shown in the event areas are reclassified in the future to Class III.
VAPCR Adopted September 2011 [188]

TABLE 3

Levels of Significant Impact 

Air Contaminant

Averaging Time

Annual 24-Hour 8-Hour 3-Hour 1-Hour

Sulfur Dioxide 1.0 μg/m3 5.0 μg/m3 25 μg/m3

PM10 1.0 μg/m3 5.0 μg/m3

PM2.5

 Class I areas 0.06μg/m3 0.07μg/m3

 Class II areas 0.3 μg/m3 1.2 μg/m3

 Class III areas 0.3 μg/m3 1.2 μg/m3

Nitrogen Dioxide 1.0 μg/m3

Carbon Monoxide 0.5 mg/m3 2 mg/m3

Lead 0.06 μg/m3 (averaged over 3 consecutive months)

Sulfates 2.0 μg/m3

Sulfates (seasonal) 0.2 μg/m3 (April to September - 6 month average)
VAPCR Adopted September 2011 [189]

TABLE 4

Sections Added or Amended

Subchapter Section Effective Dates

I 5-101

Eff. December 10, 1972; Amended eff. November 19, 1973; 

December 16, 1974; January 25, 1978; August 12, 1978; 

November 12, 1978; March 24, 1979; November 4, 1979; 

November 3, 1981; October 19, 1984; September 17, 1986; 

April 20, 1988; July 1, 1988; March 4, 1989; November 

1, 1990; November 13, 1992; January 20, 1993; August 

13, 1993; March 31, 1995; November 30,1995; August 24, 

1998; March 4, 2004; March 28, 2007; February 8, 2011.

II

5-201 Eff. December 10, 1972; Amended eff. January 25, 1978; 

August 13, 1993.

5-202 Eff. December 10, 1972; Amended eff. January 25, 1978; 

August 13, 1993.

5-203 Eff. December 10, 1972 as Section 5-420; Renumbered 

eff. January 25, 1978.

5-204 Eff. October 1, 1997. Amended eff. April 27, 2007; 

October 1, 2009.

5-205 Eff. April 27, 2007. REPEALED eff. October 1, 2009.

5-211 Eff. December 10, 1972; Amended eff. January 25, 1978; 

August 12, 1978.

5-221

Eff. December 10, 1972; Amended eff. November 19, 1973; 

April 24, 1974; March 16, 1975; July 12, 1976; January 

25, 1978; October 19, 1984; August 24, 1998; September 

28, 2011.

5-231

Eff. December 10, 1972; Amended eff. November 19, 1973; 

December 16, 1974; July 12, 1976; March 14, 1977; 

January 25, 1978; August 12, 1978; November 3, 1981; 

November 1, 1990; November 9, 1995.

5-241 Eff. December 10, 1972; Amended eff. November 19, 1973; 

January 25, 1978.

5-251

Eff. December 10, 1972; Amended eff. January 25, 1978; 

March 25, 1979; November 4, 1979; August 13, 1993; 

November 30, 1995; February 8, 2011.

5-252

Eff. July 12, 1976 as Section 5-221(1)(b); Amended eff. 

January 25, 1978; March 24, 1979; November 4, 1979; 

February 8, 2011.

5-253

Eff. March 24, 1979; Amended eff. November 4, 1979; 

January 13, 1989; Renumbered and amended eff. November 

13, 1992; Amended eff. August 13, 1993; August 17, 

1994.

5-253.1 Renumbered eff. November 13, 1992.

5-253.2 Renumbered and amended eff. November 13, 1992.

5-253.3 Eff. November 13, 1992; Amended eff. April 20, 2001.

5-253.4 Eff. November 13, 1992.
VAPCR Adopted September 2011 [190]

Subchapter Section Effective Dates

5-253.5 Eff. November 13, 1992.

5-253.6 Renumbered eff. November 13, 1992.

5-253.7 Eff. August 22, 1996; Amended eff. April 20, 2001.

5-253.10 Renumbered and amended eff. November 13, 1992.

II

5-253.11 Eff. November 13, 1992.

5-253.12 Eff. November 13, 1992. 

5-253.13 Eff. August 13, 1993.

5-253.14 Eff. August 13, 1993.

5-253.15 Eff. August 17, 1994.

5-253.16 Eff. March 1, 2004. Amended eff. March 28, 2007.

5-253.20 Eff. August 13, 1993.

5-261 Eff. November 3, 1981; Amended eff. March 4, 1989; 

January 20, 1993; March 28, 2007.

5-271 Eff. August 24, 1998. Amended eff. February 8, 2011.

III

5-301

Eff. December 10, 1972 as Sections 5-301 to 303; 

Amended eff. November 19, 1973; December 16, 1974; July 

12, 1976; March 24, 1979; and December 15, 1990.

5-302

Eff. December 10, 1972 as Sections 5-301 to 303; 

Amended eff. November 19, 1973; December 16, 1974; July 

12, 1976; March 24, 1979.

5-303

Eff. December 10, 1972 as Sections 5-301 to 303; 

Amended eff. November 19, 1973; December 16, 1974; July 

12, 1976; March 24, 1979.

5-304

Eff. December 10, 1972 as Sections 5-301 to 303; 

Amended eff. November 19, 1973; December 16, 1974; July 

12, 1976; March 24, 1979.

5-305

Eff. December 10, 1972 as Sections 5-301 to 303; 

Amended eff. November 19, 1973; December 16, 1974; July 

12, 1976; March 24, 1979.

5-306 Eff. November 1, 1990.

5-307

Eff. December 10, 1972 as Sections 5-301 to 303; 

Amended eff. November 19, 1973; December 16, 1974; July 

12, 1976; March 24, 1979; Renumbered November 1, 1990.

5-308 Eff. March 24, 1979 as Section 5-307; Renumbered 

November 1, 1990; Amended eff. August 13, 1993.

5-309 Eff. December 15, 1990.

5-310 Eff. November 3, 1981 as Section 5-308, Renumbered eff. 

November 1, 1990, Amended eff. August 13, 1993.

5-312 Eff. September 17, 1986 as Section 5-310; Renumbered 

eff. November 1, 1990.

IV 5-401 Eff. March 24, 1979, Amended eff. August 24, 1998; 

February 8, 2011.
VAPCR Adopted September 2011 [191]

Subchapter Section Effective Dates

5-402 Eff. December 10, 1972; Amended eff. November 19, 1973; 

March 24, 1979; February 8, 2011.

5-403 Eff. December 10, 1972.

5-404 Eff. December 10, 1972; Amended eff. January 25, 1978; 

March 24, 1979; November 1, 1990; February 8, 2011.

5-405 Eff. December 10, 1972; Amended eff. March 24, 1979.

5-406 Eff. March 24, 1979; Amended eff. November 30, 1995; 

February 8, 2011.

V

5-501

Eff. December 10, 1972 as Section 5-407; Amended eff. 

January 25, 1978; March 24, 1979; November 4, 1979; 

November 3, 1981; September 17, 1986; February 8, 2011.

5-502

Eff. March 24, 1979; Amended eff. November 4, 1979; 

November 3, 1981; September 17, 1986; November 1, 1990; 

August 13, 1993; February 8, 2011.

5-503

Eff. November 19, 1973 as Section 5-430; Amended eff. 

July 12, 1976; March 24, 1979. REPEALED eff. February 

8, 2011.

5-504 Eff. July 1, 1988. Amended eff. February 8, 2011.

5-505 Eff. July 1, 1988.

VI

5-601

to

613

Eff. November 12, 1978.

VII

5-701 Eff. December 10, 1972 as Section 5-501; Renumbered 

eff. March 24, 1979; Amended eff. July 3, 1996.

5-702 Eff. December 10, 1972 as Section 5-502; Renumbered 

eff. March 24, 1979.

5-703 Eff. July 3, 1996.

VIII

5-801

to

5-806

Eff. April 20, 1988.

5-807 Eff. April 20, 1988; Amended eff. November 30, 1995; 

March 28, 2007.

5-808 Eff. April 20, 1988.

IX

5-901

Eff. March 24, 1979 as Section 5-801; renumbered eff. 

April 20, 1988; Amended eff. November 1, 1990; November 

13, 1992; August 13, 1993.

5-911 Eff. November 1, 1990; Amended eff. November 13, 1992.

5-921 Eff. November 1, 1990.

X

5-1001 Eff. March 31, 1995

5-1002 Eff. March 31, 1995; Amended eff. November 29, 2001; 

February 8, 2011.

5-1003 Eff. March 31, 1995. Amended eff. February 8, 2011.

5-1004 Eff. March 31, 1995.
VAPCR Adopted September 2011 [192]

Subchapter Section Effective Dates

5-1005 Eff. March 31, 1995.

5-1006 Eff. March 31, 1995; Amended eff. November 29, 2001.

5-1007 Eff. March 31, 1995; Amended eff. November 29, 2001; 

February 8, 2011.

5-1008 Eff. March 31, 1995; Amended eff. November 29, 2001.

5-1009 Eff. March 31, 1995.

5-1010 Eff. March 31, 1995. Amended eff. February 8, 2011.

5-1011 Eff. March 31, 1995.

5-1012 Eff. March 31, 1995. Amended eff. February 8, 2011.

5-1013 Eff. March 31, 1995; Amended eff. November 29, 2001; 

February 8, 2011.

5-1014 Eff. March 31, 1995; Amended eff. November 29, 2001.

5-1015 Eff. March 31, 1995; Amended eff. November 30, 1995; 

November 29, 2001.

5-1016 Eff. March 31, 1995.

XI

5-1101 Eff. November 8, 1996; Amended eff. December 29, 2000; 

November 22, 2005; January 3, 2009.

5-1102 Eff. November 8, 1996; Amended eff. December 29, 2000; 

November 22, 2005.

5-1103 Eff. November 8, 1996; Amended eff. December 29, 2000; 

November 22, 2005; January 3, 2009.

5-1104 Eff. November 8, 1996; Amended eff. December 29, 2000.

5-1105 Eff. November 8, 1996; Amended eff. December 29, 2000; 

January 3, 2009.

5-1106 Eff. November 8, 1996; Amended eff. December 29, 2000; 

November 22, 2005; January 3, 2009.

5-1107 Eff. November 8, 1996; Amended eff. December 29, 2000; 

November 22, 2005; January 3, 2009.

5-1108 Eff. December 29, 2000. Amended eff. November 22, 2005

5-1109 Eff. November 22, 2005.

App. A Eff. November 12, 1978.

App. B Eff. March 4, 1989; Amended eff. January 20, 1993; 

March 28, 2007.

App. C Eff. March 4, 1989; Amended eff. January 20, 1993; 

August 13, 1993; March 28, 2007.

App. D Eff. March 4, 1989; Amended eff. January 20, 1993; 

March 28, 2007.

App. E Eff. March 4, 1989; Amended eff. January 20, 1993; 

March 28, 2007.

App. F Eff. November 8, 1996; Amended eff. December 29, 2000; 
VAPCR Adopted September 2011 [193]

Subchapter Section Effective Dates

January 3, 2009.

Table 1 Eff. December 10, 1972; Amended eff. January 25, 1978.

Table 2 Eff. March 24, 1979; Amended eff. November 1, 1990; 

December 15, 1990; July 29, 1995.

Table 3 Eff. March 24, 1979; Amended eff. November 4, 1979; 

November 3, 1981; September 17, 1986; November 1, 1990.