Vermont Department of Environmental Conservation Agency of Natural Resources

Air Quality & Climate Division

Davis Building – 2

nd Floor

One National Life Drive [phone] 802-828-1288

Montpelier, VT 05620-3802 [fax] 802-828-1250

To preserve, enhance, restore, and conserve Vermont's natural resources, and protect human health, for the benefit of this and future 

generations.

November 2, 2015

David Conroy

EPA - New England, Region I

5 Post Office Square, Suite 100

Boston, MA 02109-3912

Re: Certification of Vermont State Implementation Plan adequacy regarding CAA

Sections 110(a)(1) and 110(a)(2) for the 2008 ozone, 2010 nitrogen dioxide, 

and 2010 sulfur dioxide National Ambient Air Quality Standards

Dear Mr. Conroy:

Enclosed please find documentation outlining the adequacy of Vermont’s State 

Implementation Plan (SIP) in meeting the program infrastructure requirements of sections 

110(a)(1) and 110(a)(2) of the Clean Air Act (CAA) for the 2008 ozone, 2010 nitrogen 

dioxide, and 2010 sulfur dioxide National Ambient Air Quality Standards (NAAQS).

The US Environmental Protection Agency (EPA) promulgated new NAAQS for ozone, 

nitrogen dioxide, and sulfur dioxide on March 12, 2008, January 22, 2010, and June 2, 2010 

respectively. Ozone primary and secondary NAAQS were revised to 0.075 parts per 

million (ppm). The new NAAQS for nitrogen dioxide revised the 1-hour primary standard 

to 100 ppb, and retained the annual NAAQS of 53 ppb. The new rule for sulfur dioxide 

added a 1-hour primary standard at 75 parts per billion (ppb), and revoked both the 

existing 24-hour and annual primary sulfur dioxide standards.

Under Sections 110(a)(1) and 110(a)(2) of the CAA, all states are required to submit plans 

(i.e., SIPs) to provide for the implementation, maintenance and enforcement of the NAAQS

and to address basic SIP requirements, including emissions inventories, monitoring and 

modeling to assure attainment and maintenance of the standards. By statute, SIPs meeting 

the requirements of sections 110(a)(1) and 110(a)(2) are to be submitted by states within 

3 years after promulgation of a new or revised standard. 

The enclosed documents demonstrate that Vermont statutory authority and Vermont Air 

Pollution Control Regulations (VT APCR), which are currently part of the Vermont SIP, 

meet the requirements of CAA Sections 110(a)(1) and 110(a)(2) with respect to the 2008

ozone, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS. 

In support of this submittal, please find enclosed the following documents:

1. Public Notice; 
2. Certification pursuant to 40 CFR §51.102; 

3. List of witnesses, comments received, and responses to comments; 

4. SIP technical support document; 

5. Vermont Statutes and Executive Authority to be included in the SIP; 

6. Demonstration that Vermont does not contribute significantly to non-attainment or 

maintenance of the 2008 ozone NAAQS in any other state. 

If you have any questions, please contact Rich Poirot of my staff at (802) 272-3664. 

Very truly yours, 

Heidi Hales 

Director, Air Quality and Climate Division 

cc. Anne Arnold, EPA Region I, via email 

Rich Poirot, VT Air Quality and Climate Division, via email 
CERTIFICATION OF VERMONT STATE IMPLEMENTATION PLAN (SIP) 

ADEQUACY REGARDING CLEAN AIR ACT SECTIONS 110(a)(1) AND (2)

State of Vermont

Department of Environmental Conservation

Air Quality and Climate Division

November 2, 2015
ENCLOSURE 1

OZONE, NITROGEN DIOXIDE, AND SULFUR DIOXIDE NATIONAL AMBIENT 

AIR QUALITY STANDARDS INFRASTRUCTURE ELEMENTS: 

PUBLIC NOTICE OF INTENT TO REVISE THE STATE IMPLEMENTATION 

PLAN FOR AIR QUALITY
State of Vermont, Agency of Natural Resources

Notice of Intent to Revise the Infrastructure State Implementation Plan Elements for

Air Quality

Notice is hereby given that the Vermont Air Quality and Climate Division (AQCD) is 

providing the opportunity for interested persons to request a public hearing and provide 

comment on proposed revisions to the Vermont Infrastructure State Implementation Plan 

(SIP) elements that will be submitted to the US Environmental Protection Agency (EPA).

The Vermont AQCD is proposing revisions to the Vermont Infrastructure SIP elements to 

address federal requirements of the Clean Air Act (CAA) Sections 110(a)(1) and 110(a)(2) 

with respect to the National Ambient Air Quality Standards (NAAQS) for ozone, nitrogen 

dioxide, and sulfur dioxide. Under Sections 110(a)(1) and (2) of the CAA, Vermont is

required to submit plans (i.e., SIPs) to provide for the implementation, maintenance and 

enforcement of the primary NAAQS and to address basic SIP requirements, including 

emissions inventories, monitoring, and modeling to assure attainment and maintenance of 

the standards. By statute, SIPs meeting the requirements of Sections 110(a)(1) and (2) are 

to be submitted by states within 3 years after promulgation of new or revised standards. 

The standards for ozone, nitrogen dioxide, and sulfur dioxide were revised on March 12, 

2008, January 22, 2010, and June 2, 2010, respectively. The proposed infrastructure SIP 

element revisions are available on the AQCD’s website at http://www.anr.state.vt.us 

/air/Planning/htm/StateImplementationPlan.htm and at the AQCD offices located in the 

Davis Building, Second Floor, 1 National Life Drive, Montpelier, VT 05620. You may also 

request a copy of the proposed infrastructure SIP element revisions using the contact 

information listed below.

If the Division receives a request for a hearing, the hearing will be held on September 3, 

2014 at 6:00pm in the Auditorium in the Pavilion Building located at 109 State Street in

Montpelier, Vermont. 

Those requesting a hearing must call (802) 828-1288. The deadline to submit a request for 

a hearing is August 29, 2014 by 5:00pm EST. If no request for a hearing is received prior to 

this date, the hearing will be cancelled. If the meeting is cancelled, a Notice of Cancellation 

of the hearing will be posted on September 2, 2014 on the AQCD’s website at http:// 

www.anr.state.vt.us/air/Planning/htm/StateImplementationPlan.htm. Interested persons 

may also call (802) 828-1288 to determine if the public hearing has been cancelled.

If requested, a hearing will be held to receive comments from interested persons regarding 

the proposed revisions. Attendance at the hearing is not necessary to submit written 

comments on the proposed SIP revisions. Written comments on the proposed SIP revisions 

must be received by the AQCD by 5:00pm EST on September 12, 2014.

All written comments must be mailed, faxed, or emailed to:

Corie Dunn

Air Quality and Climate Division

Davis Building – 2nd Floor

1 National Life Drive

Montpelier, Vermont 05620

FAX: (802) 828-1250

Email: corie.dunn@state.vt.us
ENCLOSURE 2

CERTIFICATION PURSUANT TO 40 CFR § 51.102 AND APPENDIX V OF 

40 CFR PART 51
CERTIFICATION PURSUANT TO 40 CFR § 51.102 & APP. V OF 40 CFR PART 51 

REGARDING REVISIONS TO VERMONT'S STATE IMPLEMENTATION PLAN (SIP) 

As required by 40 CFR § 51.102 (f), I hereby certify that the requirements of 40 CFR 

§51.102(a)-(d) were met and that the public notice and hearing procedure followed was 

consistent with the information provided in the public notice and the State's laws and 

constitution, as applicable. Public notice of the proposed revisions to Vermont's State 

Implementation Plan (SIP) was posted online on August 4, 2014 on the AQCD website 

(http://www.anr.state.vt.us/air /Planning/docs/VT ANR_ISIP _Public%20Notice 

_Aug42014.pdf) and published on August 4, 2014 in the Secretary of State's newspapers of 

record. The public was provided with the opportunity to comment until September 12, 

2014. The public notice included an offer for public hearing (ifrequested) on September 3, 

2014 at 6:00pm in the Auditorium in the Pavilion Office Building located at 109 State Street 

in Montpelier, Vermont. No requests for public hearing were received prior to that date, 

and a notice of cancellation was posted on the AQCD website (http:/ /www.anr.state.vt.us 

/air/Planning/docs/VTANR_ISIP_Public%20Notice_CANCELLATION_27August2014.pdf). 

Heidi Hales 

Certifying Officer 
ENCLOSURE 3

LIST OF WITNESSES, COMMENTS RECEIVED, AND VERMONT’S RESPONSE 

TO COMMENTS
RESPONSIVENESS SUMMARY

The comments below apply to Vermont's proposed Infrastructure State Implementation 

Plan (SIP) for the 2008 Ozone, 2010 Nitrogen Dioxide, and 2010 Sulfur Dioxide standards. 

On August 7, 2014 Vermont submitted a draft of its proposed Ozone, Nitrogen Dioxide, and 

Sulfur Dioxide Infrastructure SIP revisions for public comment and to the U.S. 

Environmental Protection Agency (EPA) for review.

Vermont received comments from the EPA on September 11, 2014, and did not receive any 

other comments. Based on the comments received, Vermont has made revisions which are 

incorporated into the October 2015 version of the Vermont Infrastructure SIPs for Ozone, 

Nitrogen Dioxide, and Sulfur Dioxide.

EPA Comment:

In order to meet several elements, Vermont relies on several statutes that have not been 

incorporated into Vermont's SIP. In accordance with EPA's "Guidance on Infrastructure 

State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 

110(a)(2)," dated September 13, 2013 (Guidance), EPA generally recommends the state 

include, for incorporation by reference, the statute(s) the State is relying on for meeting the 

I-SIP requirements. However, under many I-SIP elements, the Guidance does alternatively 

allow the state to reference its statutory authority instead of requesting a specific statute 

be incorporated into the SIP. If Vermont choses to rely on a reference to a statute instead 

of incorporation into the SIP, the state should include a copy of the statutory language with 

its SIP submittal along with a narrative on how that statutory language meets the 

requirements of a particular I-SIP element or elements. Based on our understanding of the 

EPA Guidance in relation to Vermont's proposed I-SIPs, Vermont should submit to EPA for 

incorporation into the SIP, its statute 10 V.S.A. 554 referenced in several elements, as well 

as its Executive Order 09-11, Executive Code of Ethics, referenced in Element E, sub 

element (ii). When including statutory language in its SIP submittals, Vermont should 

clearly note which statutory language the state wants to be incorporated into the SIP and 

which statutory language the state is including as a simple reference for satisfying the I-SIP 

element.

Vermont Response:

Vermont has included statutory language of 10 V.S.A. 554 and a reference to Vermont 

Executive Order 09-11 (2011) for incorporation into the SIP. The full text of the statutory 

language and Executive Order are in Enclosure 5.

EPA Comment:

For the Prevention of Significant Deterioration (PSD) portions of elements C, D(i)(II), J (sub 

element 3), and K, the state must have an approved PSD program. On July 25, 2014, 

Vermont DEC submitted revisions to its SIP, addressing PM2.5 pollutants and other changes 

within the context of PSD permitting. At this time, EPA has not completed its assessment of 

the July 25, 2014 SIP submittal. However, our limited review, to date, has determined two 

inconsistencies that may prevent full approval of Vermont's PSD program. First, it appears 

that Vermont may not have adequately addressed the requirement that NOx and VOC are 
precursor pollutants to ozone. Second, the state's definition of federal land manager may 

be too restrictive to meet PSD requirements. Under EPA's regulations, a state must notify 

any federal land manager having authority over all federal land. Vermont's PSD rules limit 

notifications to the federal land manager to only projects impacting Class I areas. For 

example, notification to the Federal land manager responsible for the Green Mountain 

National Forest is required under this sub element but not under state regulations. EPA 

will need to fully approve Vermont's PSD program in order to be able to fully approve 

Vermont's I-SIP submittals.

Vermont Response:

Vermont is in the process of amending its Air Pollution Control Regulations (APCR) and its 

SIP to include NOx and VOC as precursor pollutants to ozone for the purposes of defining 

what constitutes a “significant” increase in actual emissions from a source of air 

contaminants. Vermont is also amending its regulations and SIP to broaden the definition 

of federal land manager to include any federal land manager having authority over federal 

land, regardless of its classification. Vermont expects to send these proposed changes to 

EPA for review in the spring of 2016. Vermont anticipates that EPA will be able to 

conditionally approve these Infrastructure SIPs based on Vermont’s intent to promulgate 

these regulations and amend the SIP as soon as practicable.

EPA Comment:

Element D: EPA suggests that element D be broken into parts and revised to read as 

follows:

110(a)(2)(D)(i)(I) 

Interstate 

transport 

provisions

Include provisions 

prohibiting any source 

or other type of 

emissions activity in one 

state from contributing 

significantly to 

nonattainment, or 

interfering with 

maintenance, of the 

NAAQS in another state.

SEE NOTE BELOW

110(a)(2)(D)(i)(II)

Interstate 

transport 

provisions - PSD 

and visibilty

Include provisions 

prohibiting any source 

or other type of 

emissions activity in one 

state from contributing 

significantly to 

nonattainment, or 

interfering with PSD 

measures or measures to 

protect visibility in 

another state.

10 V.S.A §556 and VT APCR §5-501

Review of Construction or Modification 

of Air Contaminant Sources, and §5-502, 

Major Stationary Sources and Major 

Modifications, set forth the requirements 

for permits to construct, modify or operate 

major air contaminant sources. 

Specifically, §5-501 and §5-502 provide for 

nonattainment and prevention of 

significant deterioration (PSD) permitting 

for major sources under Vermont' s more 

expansive definition of major stationary 
source.

Please see section 110(a)(2)(J) of this 

document for Vermont' s PSD measures. 

Vermont's Regional Haze SIP demonstrates 

that Vermont sources do not significantly 

impact visibility in any downwind Class I 

area. (77 FR 30212 May 22, 2012).

110(a)(2)(D)(ii)

Interstate and 

international

transport 

provisions

Provide adequate 

provisions to prevent 

endangerment of public 

health due to interstate 

and international 

transport of pollutants.

Vermont has no pending obligations under 

section 115 or 126(b) of the Act.

For 110(a)(2)(D)(i)(I), EPA recommends that Vermont contact EPA to discuss how the 

state might address this provision for each pollutant.

Vermont Response:

Vermont separated sub-elements of 110(a)(2)(D) as suggested and has coordinated with 

EPA to discuss Vermont’s consideration of 110(a)(2)(D)(i)(I) for each pollutant. Vermont 

added language to demonstrate for SO2, NO2, and ozone that the state does not contribute 

significantly to nonattainment, or interfere with maintenance, of the NAAQS in any other 

state.

EPA Comment:

Element E, sub-element (i) and element F, sub-element (ii): When EPA approved Vermont's 

original SIP in 1972, the Agency found that Vermont did not have adequate legal authority 

to meet 40 CFR 51.230(f). EPA codified this finding at 40 CFR 52.2373. At this time, EPA 

also found Vermont's plan did not provide for public availability of emission data required 

by 40 CFR 51.116(c). EPA codified this finding at 40 CFR.52.2374. Both of these issues 

involved EPA finding in 1972 that 10 V.S.A. section 563 could be read to allow facilities to 

claim emission data information to be confidential business information. Vermont should 

request their Attorney General to review 10 V.S.A. section 563 and determine if the state 

statutory language is consistent with the requirements of § 114(c) of the Clean Air Act and 

40 CFR 51.230 that emissions data be available to the public and not considered to be 

confidential business information. Please include the Attorney General's opinion with 

Vermont's I-SIP submittals.

We note that EPA is not aware of Vermont limiting public access to any emissions 

information and the state has not omitted emissions data required to be reported to EPA 

under 40 CFR 51.15. In fact, EPA approved state regulation "Registration of Air 

Contaminant Sources," Sections 5-801 through 5-806 to meet the requirement for an 

emission statement program. However, 10 V.S.A. §563 continues to raise questions 

concerning its effect on the public availability of emission data, prompting our request for 

the Attorney General's opinion on the issue.
Vermont Response:

Vermont is in the process of amending 10 V.S.A. §563 to prevent the withholding of any 

emissions data and emissions monitoring data from the public. All other data that is 

submitted to the Agency, except for emissions and emissions monitoring data, will be 

treated as exempt from public disclosure if it qualifies as a trade secret pursuant to 1 V.S.A. 

§317(c)(9). The amendment, Section 3 of H.2481, was passed by the Vermont House of 

Representatives during the first year of the 2015-2016 session of the Vermont General 

Assembly. H.248 is expected to gain approval from the Vermont Senate and be signed into 

law in 2016. The revised language for 10 V.S.A. §563 is quoted below.

“The Secretary shall not withhold emissions data and emission monitoring data from public 

inspection or review. The Secretary shall keep confidential any record or other information 

furnished to or obtained by the Secretary concerning an air contaminant source, other than 

emissions data and emission monitoring data, that qualifies as a trade secret pursuant to 1 

V.S.A. §317(c)(9).”

EPA Comment:

Element F: EPA's Guidance notes that a state should certify the absence of any provision in 

the SIP preventing the use of credible evidence. Vermont should include such a 

certification when submitting its I-SIP submittals. See 40 CFR 51.212.

Vermont Response:

Vermont has included under element F, a certification of the absence of any provision in the 

SIP that would prevent the use of credible evidence, as quoted below.

“Nothing in Vermont’s State Implementation Plan precludes the use, including the exclusive 

use, of any credible evidence or information, relevant to whether a source would have been 

in compliance with applicable requirements, if the appropriate performance or compliance 

test or procedure had been performed.”

EPA Comment:

Element G: This element requires states to have adequate contingency plans for high 

pollutant concentrations in the ambient air. When determining if a contingency plan is 

required, a state must first classify areas within its boundaries based on the pollutant 

concentrations. Areas are classified as priority I, IA, II, or III, with priority I, IA, and II areas 

requiring a contingency plan. A contingency plan is not required for priority III areas. See 

40 CFR 51.150 and 51.152. The classifications of areas in Vermont were last amended in 

1980. See 40 CFR 52.2371. Vermont is classified as a priority III for O3 and NO2 and the 

Champlain Valley Interstate and Vermont Intrastate are both classified as priority II for 

sulfur dioxide.

In reviewing the data from EPA's Air Quality System (AQS), the measured SO2

concentrations in Vermont have been below the levels for a Priority II area for more than 

 

1 H.248, an act relating to miscellaneous revisions to the air pollution statutes, As Passed by the House; 

http://legislature.vermont.gov/assets/Documents/2016/Docs/BILLS/H-0248/H0248%20As%20Passed%20by%20the%20House%20Official.pdf
10 years. EPA plans on working with Vermont to update the area classifications prior to, or 

at the same time as, EPA takes action on Vermont's SO2 I-SIP submittal. Reclassifying the 

area to priority III would remove the requirement to have a contingency plan.

Vermont Response:

Vermont acknowledges that measured SO2 concentrations in the state have been below the 

levels for a Priority II area for more than 10 years. A recent review of Vermont monitoring 

data from 1980 through the present (11/1/2015) indicates that there have been no 

measurements exceeding the SO2 “Priority II Region” minimum thresholds (0.02 ppm 

annual mean; 0.10 ppm 24-hour maximum; 0.50 ppm 3-hour maximum) anywhere in 

Vermont in any of the past 35 years. Vermont is working with EPA to reclassify the 

Champlain Valley Interstate and Vermont Intrastate to Priority III regions to remove the 

requirement to have a contingency plan. Vermont anticipates that EPA will be able to 

conditionally approve these Infrastructure SIPs based on these monitoring data and on 

Vermont’s intent to reclassify these regions as soon as practicable.

EPA Comment:

Element J: Vermont's proposed I-SIP narrative incorrectly references Vermont's section 

5-502(4)(e) as applying to sources within 100 km of a Class I area. It states:

"Section 5-502(4)(e) additionally requires that any proposed source within 100 kilometers 

of a Class I area (or further at the Secretary's discretion) demonstrate that it will not 

adversely impact visibility or any other "Air Quality Related Value" in any such Class I 

area."

Section 5-502(4)(e), submitted to EPA for approval on July 25, 2014, has no 100 km 

limitation.

In addition, for Element J-PSD and Visibility, we suggest you reference your approved 

Regional Haze SIP (77 FR 30212; May 22, 2012) and add the following statement: "EPA has 

interpreted the CAA Section 110(a)(2)(J) provision on visibility as not being "triggered" 

because the visibility requirements in Part C are not changed by a new NAAQS."

Vermont Response:

Vermont has corrected the language in Element J to be consistent with VT APCR Section 5-

502(4)(e) as approved by EPA so that there is no 100 km limitation. For Element J—PSD 

and Visibility, Vermont referenced the approved Regional Haze SIP and included the 

suggested statement above.

EPA Comment:

Element L: EPA Guidance allows states that use title V fees to cover the cost of "all CAA 

permitting, implementation, and enforcement for new or modified major sources" to 

reference EPA's approval of their title V permit program for satisfying this element. EPA 

understands that Vermont's title V permit fees meet these costs. If that is true, Vermont 

should reference their approved title V permit program for meeting Element L of the I-SIP.
Vermont Response:

The costs of all CAA permitting, implementation, and enforcement for new or modified 

sources are covered by Title V fees. To meet the requirements of Element L, Vermont has 

referenced its approved Title V permit program contained in APCR Subchapter X: 

Operating Permits (66 FR 59535). 
ENCLOSURE 4

SIP TECHNICAL SUPPORT DOCUMENT
Vermont’s Compliance with CAA 

Section 110(a)(1) and (2) SIP requirements for the 2008 Ozone NAAQS

CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(A) 

Emission limits 

and other control 

measures

Include enforceable emission 

limitations and other control 

measures, means, or 

techniques (including 

economic incentives such as 

fees, marketable permits, 

and auctions of emissions 

rights), as well as schedules 

and timetables for 

compliance, as may be 

necessary or appropriate to 

meet the applicable 

requirements of this chapter.

10 V.S.A. §554 authorizes the Secretary of the Agency of Natural Resources to 

“[a]dopt, amend and repeal rules, implementing the provisions” of Vermont’s air 

pollution control laws set forth in 10 V.S.A. chapter 23. 

10 V.S.A. §556 requires permits for the construction or modification of air 

contaminant sources.

10 V.S.A. §558 authorizes the Secretary “to establish emission control 

requirements . . . necessary to prevent, abate, or control air pollution.”

10 V.S.A. § 579 Vehicle emissions labeling program for new motor vehicles (for 

model year 2010 and later vehicles)

The sections of the Vermont Air Pollution Control Regulations (VT APCR) 

that specify or are used to establish emission limits related to the control of 

ozone and ozone precursors (nitrogen oxides and volatile organic 

compounds) include:

§5-201 Open Burning Prohibited

§5-241 Prohibition of Nuisance and Odor

§5-251 Control of Nitrogen Oxides Emissions

§5-253.1 Petroleum Liquid Storage in Fixed Roof Tanks

§5-253.2 Bulk Gasoline Terminals

§5-253.3 Bulk Gasoline Plants

§5-253.4 Gasoline Tank Trucks

§5-253.5 Stage I Vapor Recover Controls at Gasoline Dispensing Facilities 

§5-253.10 Paper Coating

§5-253.12 Coating of Flat Wood Paneling 

§5-253.13 Coating of Miscellaneous Metal Parts
CAA Section 110(a) Requirement Corresponding Vermont Requirements

§5-253.14 Solvent Metal Cleaning

§5-253.15 Cutback and Emulsified Asphalt

§5-253.16 Wood Furniture Manufacturing

§5-253.20 Other Sources that Emit Volatile Organic Compounds

§5-261 Control of Hazardous Air Contaminants

§5-308 Ozone

§5-309 Nitrogen Dioxide 

§5-501 Review of Construction or Modification of Air Contaminant Sources

§5-502 Major Stationary Sources and Major Modifications

§5-701 Maintenance and Removal of Control Devices

§5-702 Excessive Smoke Emissions from Motor Vehicles

Subchapter IV. Operations and Procedures

Subchapter VIII. (§5-801 - §5-806) Registration of Air Contaminant Sources

110(a)(2)(B) 

Ambient air quality 

monitoring/

data system

Provide for establishment 

and operation of appropriate 

devices, methods, systems, 

and procedures necessary to 

(i) monitor, compile, and 

analyze data on ambient air 

quality, and (ii) upon 

request, make such data 

available to the 

Administrator.

10 V.S.A. §554 authorizes the Secretary to “conduct studies, investigations and 

research relating to air contamination and air pollution” and “[d]etermine by 

appropriate means the degree of air contamination and air pollution in the state 

and the several parts thereof.”

The most recent (2014) annual air monitoring network plan is available on the 

AQCD website.

2 Data collected by network monitors are required to be reviewed, 

validated, and sent to the EPA air quality system no later than 90 days after the 

end of a calendar quarter. 

110(a)(2)(C) 

Program for

enforcement, PSD 

and NSR

Include a program to provide 

for the enforcement of the 

measures described in 

subparagraph (A), and 

regulation of the 

modification and 

10 V.S.A. §557 authorizes inspections of air contaminant sources.

10 V.S.A. §568 establishes penalties for violating air pollution control laws and 

regulations or making false statements.

10 V.S.A Chapter 201 “Administrative Environmental Law Enforcement” and 

 

2 http://www.anr.state.vt.us/air/Monitoring/docs/Vermont%202014%20Air%20Monitoring%20Network%20Plan%20070214.pdf
CAA Section 110(a) Requirement Corresponding Vermont Requirements

construction of any 

stationary source within the 

areas covered by the plan as 

necessary to assure that 

national ambient air quality 

standards are achieved, 

including a permit program 

as required in parts C and D. 

10 V.S.A Chapter 211 “Civil Enforcement” provides the Secretary with the 

authority to enforce, including the authority to assess civil and criminal penalties, 

Vermont’s air pollution control laws and regulations.

10 V.S.A §556, VT APCR §5-501, Review of Construction or Modification of 

Air Contaminant Sources, and §5-502, Major Stationary Sources and Major 

Modifications, set forth the requirements for permits to construct, modify or 

operate major air contaminant sources. Specifically, §5-501 and §5-502 provide 

for nonattainment and prevention of significant deterioration (PSD) permitting for 

major sources under Vermont’s more expansive definition of major stationary 

source. Section 5-502(4)(c) states that “... 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...” Subchapter V also includes Vermont’s PSD3

program that applies to sources that emit greenhouse gases (GHG) in accordance 

with EPA’s Tailoring Rule.

VT APCR §5-261, Control of Hazardous Air Contaminants provides for the 

control of “emissions of any hazardous air contaminant [as defined in the VT 

APCR], except in conformity with the provisions of this section.” Several VOCs and 

nitric oxide are listed in the VT APCR as hazardous air contaminants.

VT APCR §5-501(7) provides for public notification as well as notification of 

officials and agencies of states or areas that may be affected by the construction or 

modification being permitted in Vermont.

Please see section 110(a)(2)(J) of this document for Vermont’s PSD measures.

 

3 Vermont submitted changes to its SIP on July 25, 2014. Some of these changes are within the context of PSD permitting authority and have not yet received approval from EPA. 

Vermont is also in the process of amending the Vermont Air Pollution Control Regulations to make further changes to the regulations in the context of PSD permitting authority 

and expects to submit those proposed to changes to EPA for comment in early 2016.
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(D)(i)(I) 

Interstate 

transport 

provisions

Include provisions 

prohibiting any source or 

other type of emissions 

activity in one state from 

contributing significantly to 

nonattainment, or interfering 

with maintenance, of the 

NAAQS in another state.

No source or sources within Vermont have been identified as contributing 

significantly to non-attainment or maintenance of the 2008 ozone NAAQS in any 

other state or are the subject of an active finding under section 126 of the CAA 

with respect to O3 or any other air pollutant. Additional modeling analyses 

demonstrating that Vermont does not contribute significantly to non-attainment 

or maintenance of the 2008 ozone NAAQS in any other state is provided in 

Enclosure 6.

110(a)(2)(D)(i)(II)

Interstate 

transport

provisions – PSD 

and visibility

Include provisions (i) 

prohibiting any source or 

other type of emissions 

activity within the state from 

contributing significantly to 

nonattainment, or interfering 

with PSD measures or 

measures to protect visibility 

in another state.

10 V.S.A §556 and VT APCR §5-501 Review of Construction or Modification of 

Air Contaminant Sources, and §5-502, Major Stationary Sources and Major 

Modifications, set forth the requirements for permits to construct, modify or

operate major air contaminant sources. Specifically, §5-501 and §5-502 provide 

for nonattainment and prevention of significant deterioration (PSD) permitting for 

major sources under Vermont’s more expansive definition of major stationary 

source. 

Please see section 110(a)(2)(J) of this document for Vermont’s PSD measures.

Vermont’s Regional Haze SIP demonstrates that Vermont sources do not 

significantly impact visibility in any downwind Class I area. 

110(a)(2)(D)(ii) 

Interstate and 

international 

transport 

provisions 

Provide adequate provisions 

to prevent endangerment or 

public health due to 

interstate and international 

transport of pollutants.

Vermont has no pending obligations under section 115 or section 126(b) of the 

Clean Air Act.

110(a)(2)(E) 

Adequate 

personnel, funding 

and authority

Provide for adequate 

personnel, funding and legal 

authority under state law to 

carry out the SIP, and 

demonstrate adherence to 

3 V.S.A. §2822 provides the Secretary with the authority to assess air permit and 

registration fees.

10 V.S.A. §553 designates the Agency of Natural Resources as the air pollution 

control agency of the state.
CAA Section 110(a) Requirement Corresponding Vermont Requirements

conflict of interest 

requirements. 10 V.S.A §554 provides the Secretary with the power to “[a]ppoint and employ 

personnel and consultants as may be necessary for the administration of this 

chapter” and “[a]dopt, amend and repeal rules, implementing the provisions” of 

Vermont’s air pollution control laws set forth in 10 V.S.A. chapter 23 and “[a]ccept, 

receive and administer grants or other funds or gifts from public and private 

agencies, including the federal government, for the purposes of carrying out any of 

the functions of this chapter.”

In addition to Federal funding, and permit and registration fees, the VT APCD 

receives state funding to implement its air programs.

The Vermont Agency of Natural Resources, Department of Environmental 

Conservation is the sole authority implementing the SIP and does not rely on local 

or regional governments, agencies, or external permit review or enforcement 

boards or bodies to carry out this responsibility. 

Vermont Executive Order 09-11 (2011) (Executive Code of Ethics) contains 

strict ethical rules prohibiting all VT executive branch employees (including the 

ANR Secretary) from taking “any action in any particular matter in which he or she 

has either a conflict of interest or the appearance of a conflict of interest, until such 

time as the conflict is resolved.”

110(a)(2)(F)

Stationary source 

monitoring and 

reporting

Require the installation, 

maintenance, and 

replacement of equipment to 

monitor emissions from 

stationary sources and to 

submit periodic emissions 

reports and correlate such 

reports with any emission 

limitations or standards, 

VT APCR §5-402, Written Reports When Requested, authorizes the Air 

Pollution Control Officer to request written reports on the nature and amount of 

emissions and other emissions-related data.

VT APCR §5-404, Methods for Sampling and Testing of Sources, authorizes the 

Air Pollution Control Officer to require stack testing when there is reason to 

believe that emission limits are being violated by an air contaminant source.

VT APCR §5-405, Required Air Monitoring, authorizes the Air Pollution Control 
CAA Section 110(a) Requirement Corresponding Vermont Requirements

which shall be available at 

reasonable times for public 

inspection.

Officer to require 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.”

VT APCR §5-802, Requirement for Registration, requires that “[e]ach 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.”

1 V.S.A. §315-320 provides for the free and open examination of public records, 

including emissions reports.4

Nothing in Vermont’s State Implementation Plan precludes the use, including the 

exclusive use, of any credible evidence or information, relevant to whether a 

source would have been in compliance with applicable requirements, if the 

appropriate performance or compliance test or procedure had been performed. 

110(a)(2)(G) 

Emergency 

episodes

Provide for authority to 

address activities causing 

imminent and substantial

endangerment of public 

health, including contingency 

plans to implement the 

emergency episode 

provisions of the SIP.5

10 V.S.A. §560 authorizes actions to order the immediate discontinuation of air 

emissions causing imminent danger to human health or safety.

10 V.S.A. §8009 authorizes the issuance of an emergency administrative order 

when a violation presents or an activity will or is likely to result in an immediate 

threat to the public health. 

 

4 Vermont is currently pursuing amendments to 10 V.S.A. §563, which allows owners and operators of air contaminant sources to certify information furnished to the Agency as 

confidential business information. Amendments to §563 will require the Agency to make public all emissions and emissions monitoring data submitted to the Agency by owners 

and operators of air contaminant sources. The Agency expects these changes to be signed into law in 2016.

5 All areas in Vermont as classified as Priority III for O3 pursuant to 40 CFR §51.2371, and therefore does not need to submit a contingency plan to implement Vermont’s 

emergency episode authority. 
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(H) 

Future SIP 

revisions

Provide for SIP revisions in 

response to changes in the 

NAAQS, availability of 

improved methods for 

attaining the NAAQS, or in 

response to an EPA finding 

that the SIP is substantially 

inadequate. 

10 V.S.A §554 provides the Secretary with the power to “[p]repare and develop a 

comprehensive plan or plans for the prevention, abatement and control of air 

pollution in this state” and “[a]dopt, amend and repeal rules, implementing the 

provisions” of Vermont’s air pollution control laws set forth in 10 V.S.A. chapter 

23.

110(a)(2)(I)

Nonattainment 

area plan or plan 

revision Under 

Part D

Each plan shall [...] in the 

case of a plan or plan 

revision for an area 

designated as a 

nonattainment area, meet 

the applicable requirements 

of part D of this subchapter 

(relating to nonattainment 

areas).

According to EPA guidance, states are not expected to address element 

110(a)(2)(I) in the context of an infrastructure SIP submission. 

110(a)(2)(J) 

Consultation with 

government 

officials

Provide a process for 

consultation with local 

governments and Federal 

Land Managers carrying out 

NAAQS implementation 

requirements pursuant to 

section 121 relating to 

consultation.

10 V.S.A §554 specifies that the Secretary shall have the power to “[a]dvise, 

consult, contract and cooperate with other agencies of the state, local 

governments, industries, other states, interstate or interlocal agencies, and the 

federal government, and with interested persons or groups.”

See also VT ANR notification requirements under 110(a)(2)(D).
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(J) 

Public notification

Requires states to notify the 

public if NAAQS are exceeded 

in an area and enhance 

public awareness of 

measures that can be taken 

to prevent exceedances. 

10 V.S.A §554 authorizes the Secretary to “[c]ollect and disseminate information 

and conduct educational and training programs relating to air contamination and 

air pollution.”

VT DEC Air Quality and Climate Division website reports daily air quality 

forecasts for ozone, and also reports near real-time and historical ozone 

measurement data. Air quality forecasts are also distributed daily via email to 

interested parties and are also submitted to and distributed through EPA’s 

AIRNOW website and EnviroFlash notification systems. When forecast or 

measured ozone concentrations exceed the level of the 2008 ozone NAAQS, air

quality alerts are sent by email to a large number of affected parties, including the 

media and the National Weather Service. Alerts include information about the 

health implications of elevated pollutant levels and list actions to reduce 

emissions and exposures.

Air Quality Data Summaries summarizing the year’s air quality monitoring 

results are issued annually and posted on the VT DEC Air Quality and Climate

Division website.

110(a)(2)(J) 

PSD and visibility 

protection

Meet the applicable 

requirements of part C 

relating to prevention of 

significant deterioration of 

air quality and visibility 

protection.

VT APCR §5-501, Review Of Construction or Modification of Air Contaminant 

Sources and §5-502, Major Stationary Sources and Major Modifications,

specifies requirements for PSD and visibility protection. Sections 5-501 and 5-502 

provide for nonattainment and prevention of significant deterioration (PSD) 

permitting of major stationary sources. Section 5-502(4)(c) states that “... 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...”6 Section 5-

502(4)(e) additionally requires that any proposed source demonstrate that it will 

 

6 The Vermont AQCD commits to pursue adoption of appropriate regulatory revisions and updates to its program infrastructure as it relates to ozone within a reasonable period of 

time after the EPA issues a final document establishing the required PSD program parameters.
CAA Section 110(a) Requirement Corresponding Vermont Requirements

not adversely impact visibility or any other “Air Quality Related Value” in any 

Class I Federal area.

EPA has fully approved Vermont’s Regional Haze SIP (77 FR 30212; May 22, 

2012). EPA has interpreted the CAA Section 110(a)(2)(J) provision on visibility as 

not being “triggered” because visibility requirements in Part C are not changed by 

new NAAQS.

110(a)(2)(K) 

Air quality 

modeling/data

Provide for air quality 

modeling for predicting 

effects on air quality of 

emissions from any NAAQS 

pollutant and submission of 

such data to EPA upon 

request. 

VT APCR §5-406, Required Air Modeling, specifies that “[t]he Air Pollution 

Control Officer may require the owner or operator of any proposed air 

contaminant source . . . to demonstrate that operation of the proposed source . . .

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 . . .”

VTAPCR §5-502, Major Stationary Sources and Major Modifications, requires 

the submittal of an air quality impact evaluation or air quality modeling to 

demonstrate impacts of new and modified major sources. 

Vermont continues to be a partner in regional modeling efforts conducted by 

members of the Ozone Transport Commission.

110(a)(2)(L) 

Permitting fees

Require each major 

stationary source to pay 

permitting fees to cover the 

cost of reviewing, approving, 

implementing and enforcing 

a permit. 

10 V.S.A §556 provides for the assessment of application fees from air emissions 

sources for permits for the construction or modification of air contaminant 

sources.

3 V.S.A §2822(j) sets forth the permit fees for air emissions sources. 

VT APCR Subchapter X: Operating Permits sets forth Vermont’s approved Title V 

permit program. (66 FR 59535)
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(M) 

Consultation/ 

participation by 

affected local 

entities

Provide for consultation and 

participation in SIP 

development by local 

political subdivisions 

affected by the SIP

10 V.S.A §554 authorizes the Secretary to “[a]dvise, consult, contract and 

cooperate with other agencies of the state, local governments, industries, other 

states, interstate or interlocal agencies, and the federal government, and with 

interested persons or groups.”

See also VT ANR notification requirements under 110(a)(2)(D).
Vermont’s Compliance with CAA 

Section 110(a)(1) and (2) SIP Requirements for the 2010 Nitrogen Dioxide NAAQS

CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(A) 

Emission limits 

and other control 

measures

Include enforceable emission 

limitations and other control 

measures, means, or techniques 

(including economic incentives 

such as fees, marketable 

permits, and auctions of 

emissions rights), as well as 

schedules and timetables for 

compliance, as may be 

necessary or appropriate to 

meet the applicable 

requirements of this chapter.

10 V.S.A. §554 authorizes the Secretary of the Agency of Natural Resources to 

“[a]dopt, amend and repeal rules, implementing the provisions” of Vermont’s 

air pollution control laws set forth in 10 V.S.A. chapter 23. 

10 V.S.A. §556 requires permits for the construction or modification of air 

contaminant sources.

10 V.S.A. §558 authorizes the Secretary “to establish emission control 

requirements . . . necessary to prevent, abate, or control air pollution.”

10 V.S.A. § 579 Vehicle emissions labeling program for new motor vehicles

(for model year 2010 and later vehicles)

The sections of the Vermont Air Pollution Control Regulations (VT APCR) 

that specify or are used to establish emission limits related to the control 

of nitrogen dioxide include:

§5-201 Open Burning Prohibited

§5-241 Prohibition of Nuisance and Odor

§5-251 Control of Nitrogen Oxides Emissions

§5-261 Control of Hazardous Air Contaminants

§5-309 Nitrogen Dioxide

§5-501 Review of Construction or Modification of Air Contaminant Sources

§5-502 Major Stationary Sources and Major Modifications

§5-701 Maintenance and Removal of Control Devices

§5-702 Excessive Smoke Emissions from Motor Vehicles

Subchapter IV. Operations and Procedures

Subchapter VIII. (§5-801 - §5-806) Registration of Air Contaminant Sources
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(B) 

Ambient air quality 

monitoring/

data system

Provide for establishment and 

operation of appropriate 

devices, methods, systems, and 

procedures necessary to (i) 

monitor, compile, and analyze 

data on ambient air quality, and 

(ii) upon request, make such 

data available to the 

Administrator.

10 V.S.A. §554 authorizes the Secretary to “conduct studies, investigations and 

research relating to air contamination and air pollution” and “[d]etermine by 

appropriate means the degree of air contamination and air pollution in the 

state and the several parts thereof.”

The most recent (2014) annual air monitoring network plan is available on the 

AQCD website.

7 Data collected by network monitors are required to be 

reviewed, validated, and sent to the EPA air quality system no later than 90 

days after the end of a calendar quarter. 

110(a)(2)(C) 

Program for

enforcement, PSD 

and NSR

Include a program to provide 

for the enforcement of the 

measures described in 

subparagraph (A), and 

regulation of the modification 

and construction of any 

stationary source within the 

areas covered by the plan as 

necessary to assure that 

national ambient air quality 

standards are achieved, 

including a permit program as 

required in parts C and D. 

10 V.S.A. §557 authorizes inspections of air contaminant sources.

10 V.S.A. §568 establishes penalties for violating air pollution control laws and 

regulations or making false statements.

10 V.S.A Chapter 201 “Administrative Environmental Law Enforcement” 

and 10 V.S.A Chapter 211 “Civil Enforcement” provides the Secretary with 

the authority to enforce, including the authority to assess civil and criminal 

penalties, Vermont’s air pollution control laws and regulations.

10 V.S.A §556, VT APCR §5-501, Review of Construction or Modification of 

Air Contaminant Sources, and §5-502, Major Stationary Sources and 

Major Modifications, set forth the requirements for permits to construct, 

modify or operate major air contaminant sources. Specifically, §5-501 and §5-

502 provide for nonattainment and prevention of significant deterioration 

(PSD) permitting for major sources under Vermont’s more expansive definition 

of major stationary source. Section 5-502(4)(c) states that “... 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 

 

7 http://www.anr.state.vt.us/air/Monitoring/docs/Vermont%202014%20Air%20Monitoring%20Network%20Plan%20070214.pdf
CAA Section 110(a) Requirement Corresponding Vermont Requirements

concentrations exceeding the remaining available prevention of significant 

deterioration (PSD) increment for the specified air contaminants...”8 

Subchapter V also includes Vermont’s PSD9 program that applies to sources 

that emit greenhouse gases (GHG) in accordance with EPA’s Tailoring Rule.

110(a)(2)(D)(i)(I) 

Interstate transport 

provisions

Include provisions prohibiting any 

source or other type of emissions 

activity in one state from 

contributing significantly to 

nonattainment, or interfering with 

maintenance, of the NAAQS in 

another state.

On January 20, 2012 EPA designated all areas of the country as 

“unclassifiable/attainment” for the 2010 NO2 NAAQS, as the available air quality 

data showed that all monitored areas in the country met the 2010 NO2 NAAQS for 

2008-2010, and no state or tribe had recommended an area be designated 

“nonattainment”. More recent measurements from 2012-2014 indicate continued 

attainment of the 2010 NO2 NAAQS at all sites in the country. Vermont NOx 

emissions are among the lowest of any state and have been declining for the past 

several decades, with total statewide NOx emissions as reported in the NEI 

inventory dropping from 30,229 tons in 2002 to 19,352 tons in 2011.

110(a)(2)(D)(i)(II)

Interstate 

transport

provisions – PSD 

and visibility

Include provisions (i) 

prohibiting any source or other 

type of emissions activity within 

the state from contributing 

significantly to nonattainment, 

or interfering with PSD 

measures or measures to 

protect visibility in another 

state. 

10 V.S.A §556, VT APCR §5-501 Review of Construction or Modification of 

Air Contaminant Sources, and §5-502, Major Stationary Sources and 

Major Modifications, set forth the requirements for permits to construct, 

modify or operate air contaminant sources. Specifically, §5-501 and §5-502 

provide for nonattainment and prevention of significant deterioration (PSD) 

permitting for major sources under Vermont’s more expansive definition of 

major stationary source.

Please see section 110(a)(2)(J)of this document for Vermont’s PSD measures.

Vermont’s Regional Haze SIP demonstrates that Vermont sources do not 

significantly impact visibility in any downwind Class I area. (77 FR 30212 May 

22, 2012).

 

8 The Vermont AQCD commits to pursue adoption of appropriate regulatory revisions and updates to its program infrastructure as it relates to nitrogen dioxide within a reasonable 

period of time after the EPA issues a final document establishing the required PSD program parameters. In the interim the Vermont AQCD will continue to apply the suggested 

significant impact levels and other PSD requirements described in EPA’s June 29, 2010 Guidance Concerning the Implementation of the 1-hour NO2 NAAQS for the Prevention of 

Significant Deterioration Program.

9 Vermont submitted changes to its SIP on July 25, 2014. Some of these changes are within the context of PSD permitting authority and have not yet received approval from EPA. 

Vermont is also in the process of amending the Vermont Air Pollution Control Regulations to make further changes to the regulations in the context of PSD permitting authority 

and expects to submit those proposed to changes to EPA for comment in early 2016.
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(D)(ii) 

Interstate and 

International 

Transport 

provisions

Provide adequate provisions to 

prevent endangerment of public 

health due to interstate and 

international transport of 

pollutants

Vermont has no pending obligations under section 115 or section 126(b) of the 

Clean Air Act.

110(a)(2)(E) 

Adequate 

personnel, funding 

and authority

Provide for adequate personnel, 

funding and legal authority 

under state law to carry out the 

SIP, and demonstrate adherence 

to conflict of interest 

requirements. 

3 V.S.A. §2822 provides the Secretary with the authority to assess air permit 

and registration fees.

10 V.S.A. §553 designates the Agency of Natural Resources as the air pollution 

control agency of the state.

10 V.S.A §554 provides the secretary with the power to “[a]ppoint and employ 

personnel and consultants as may be necessary for the administration of this 

chapter” and “[a]dopt, amend and repeal rules, implementing the provisions” of 

Vermont’s air pollution control laws set forth in 10 V.S.A. chapter 23 and 

“[a]ccept, receive and administer grants or other funds or gifts from public and 

private agencies, including the federal government, for the purposes of 

carrying out any of the functions of this chapter.”

In addition to Federal funding, and permit and registration fees, the VT APCD 

receives state funding to implement its air programs.

The Vermont Agency of Natural Resources, Department of Environmental 

Conservation is the sole authority implementing the SIP and does not rely on 

local or regional governments, agencies, or any external permit review or 

enforcement boards or bodies to carry out this responsibility. 

Vermont Executive Order 09-11 (2011) (Executive Code of Ethics) contains 

strict ethical rules prohibiting all VT executive branch employees (including the 

ANR Secretary) from taking “any action in any particular matter in which he or she 

has either a conflict of interest or the appearance of a conflict of interest, until such 

time as the conflict is resolved.”
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(F)

Stationary source 

monitoring and 

reporting

Require the installation, 

maintenance, and replacement 

of equipment to monitor 

emissions from stationary 

sources and to submit periodic 

emissions reports and correlate 

such reports with any emission 

limitations or standards, which 

shall be available at reasonable 

times for public inspection.

VT APCR §5-402, Written Reports When Requested, authorizes the Air 

Pollution Control Officer to request written reports on the nature and amount 

of emissions and other emissions-related data.

VT APCR §5-404, Methods for Sampling and Testing of Sources, authorizes 

the Air Pollution Control Officer to require stack testing when there is reason to 

believe that emission limits are being violated by an air contaminant source.

VT APCR §5-405, Required Air Monitoring, authorizes the Air Pollution 

Control Officer to require 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.”

VT APCR §5-802, Requirement for Registration, requires that “[e]ach 

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.”

1 V.S.A. §315-320 provides for the free and open examination of public records, 

including emissions reports.10

Nothing in Vermont’s State Implementation Plan precludes the use, including 

the exclusive use, of any credible evidence or information, relevant to whether 

a source would have been in compliance with applicable requirements, if the 

appropriate performance or compliance test or procedure had been performed.

 

10 Vermont is currently pursuing amendments to 10 V.S.A. §563, which allows owners and operators of air contaminant sources to certify information furnished to the Agency as 

confidential business information. Amendments to §563 will require the Agency to make public all emissions and emissions monitoring data submitted to the Agency by owners 

and operators of air contaminant sources. The Agency expects these changes to be signed into law in 2016.
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(G) 

Emergency 

episodes

Provide for authority to address 

activities causing imminent and 

substantial endangerment of 

public health, including 

contingency plans to implement 

the emergency episode 

provisions of the SIP.11

10 V.S.A. §560 authorizes actions to order the immediate discontinuation of 

air emissions causing imminent danger to human health or safety.

10 V.S.A. §8009 authorizes the issuance of an emergency administrative order 

when a violation presents or an activity will or is likely to result in an 

immediate threat to the public health. 

110(a)(2)(H) 

Future SIP 

revisions

Provide for SIP revisions in 

response to changes in the 

NAAQS, availability of improved 

methods for attaining the 

NAAQS, or in response to an 

EPA finding that the SIP is 

substantially inadequate. 

10 V.S.A §554 provides the Secretary with the power to “[p]repare and 

develop a comprehensive plan or plans for the prevention, abatement and 

control of air pollution in this state” and “[a]dopt, amend and repeal rules, 

implementing the provisions” of Vermont’s air pollution control laws set forth 

in 10 V.S.A. chapter 23.

110(a)(2)(I)

Nonattainment 

area plan or plan 

revision Under 

Part D

Each plan shall [...] in the case of 

a plan or plan revision for an 

area designated as a 

nonattainment area, meet the 

applicable requirements of part 

D of this subchapter (relating to 

nonattainment areas).

According to EPA guidance, states are not expected to address element 

110(a)(2)(I) in the context of an infrastructure SIP submission. 

110(a)(2)(J) 

Consultation with 

government 

officials

Provide a process for 

consultation with local 

governments and Federal Land 

Managers carrying out NAAQS 

implementation requirements 

pursuant to section 121.

10 V.S.A §554 specifies that the Secretary shall have the power to “[a]dvise, 

consult, contract and cooperate with other agencies of the state, local 

governments, industries, other states, interstate or interlocal agencies, and the 

federal government, and with interested persons or groups.”

See also VT ANR notification requirements under 110(a)(2)(D).

 

11 Vermont is classified as a Priority III area for NO2pursuant to 40 CFR §51.2371, and therefore does not need to submit a contingency plan to implement Vermont’s emergency 

episode authority.
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(J) 

Public notification

Requires states to notify the 

public if NAAQS are exceeded in 

an area and enhance public 

awareness of measures that can 

be taken to prevent 

exceedances. 

10 V.S.A §554 authorizes the Secretary to “[c]ollect and disseminate 

information and conduct educational and training programs relating to air 

contamination and air pollution.”

VT DEC Air Pollution Control Division website includes near real-time air 

quality data, and a record of historical data. Air quality forecasts are distributed 

daily via email to interested parties. Air quality alerts are sent by email to a 

large number of affected parties, including the media. Alerts include 

information about the health implications of elevated pollutant levels and list 

actions to reduce emissions and to reduce the public’s exposure.

12

Air Quality Data Summaries summarizing the year’s air quality monitoring 

results are issued annually and posted on the VT DEC Air Pollution Control 

Division website. 

110(a)(2)(J) 

PSD and visibility 

protection

Meet the applicable 

requirements of part C relating 

to prevention of significant 

deterioration of air quality and 

visibility protection.

VT APCR §5-501, Review Of Construction or Modification of Air 

Contaminant Sources and §5-502, Major Stationary Sources and Major 

Modifications, specifies requirements for PSD and visibility protection. 

Sections 5-501 and 5-502 provide for nonattainment and prevention of 

significant deterioration (PSD) permitting of major stationary sources. Section 

5-502(4)(c) states that “... 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...”13 Section 5-502(4)(e) additionally requires that 

any proposed source demonstrate that it will not adversely impact visibility or 

any other “Air Quality Related Value” in any Class I Federal area.

EPA has fully approved Vermont’s Regional Haze SIP (77 FR 30212; May 22, 

 

12 http://www.anr.state.vt.us/air/

13 Vermont submitted changes to its SIP on July 25, 2014. Some of these changes are within the context of PSD permitting authority and have not yet received approval from EPA. 

Vermont is also in the process of amending the Vermont Air Pollution Control Regulations to make further changes to the regulations in the context of PSD permitting authority 

and expects to submit those proposed to changes to EPA for comment in early 2016.
CAA Section 110(a) Requirement Corresponding Vermont Requirements

2012). EPA has interpreted the CAA Section 110(A)(2)(J) provision on visibility 

as not being “triggered” because the visibility requirements in Part C are not 

changed by new NAAQS.

110(a)(2)(K) 

Air quality 

modeling/data

Provide for air quality modeling 

for predicting effects on air 

quality of emissions from any 

NAAQS pollutant and 

submission of such data to EPA 

upon request. 

VTAPCR §5-502, Major Stationary Sources and Major Modifications,

requires the submittal of an air quality impact evaluation or air quality 

modeling to demonstrate impacts of new and modified major sources. 

VT APCR §5-406, Required Air Modeling, specifies that “[t]he Air Pollution 

Control Officer may require the owner or operator of any proposed air 

contaminant source . . . to demonstrate that operation of the proposed source . . 

. 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. . . .”

110(a)(2)(L) 

Permitting fees

Require each major stationary 

source to pay permitting fees to 

cover the cost of reviewing, 

approving, implementing and 

enforcing a permit. 

10 V.S.A §556 provides for the assessment of application fees from air 

emissions sources for permits for the construction or modification of air 

contaminant sources.

3 V.S.A §2822(j) sets forth the permit fees for air emissions sources. 

VT APCR Subchapter X: Operating Permits sets forth Vermont’s approved 

Title V permit program. (66 FR 59535)

110(a)(2)(M) 

Consultation/ 

participation by 

affected local 

entities

Provide for consultation and 

participation in SIP 

development by local political 

subdivisions affected by the SIP

10 V.S.A §554 authorizes the Secretary to “[a]dvise, consult, contract and 

cooperate with other agencies of the state, local governments, industries, other 

states, interstate or interlocal agencies, and the federal government, and with 

interested persons or groups.”

See also VT ANR notification requirements under 110(a)(2)(D).
Vermont’s Compliance with CAA 

Section 110(a)(1) and (2) SIP Requirements for the 2010 Sulfur Dioxide NAAQS

CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(A) 

Emission limits 

and other 

control 

measures

Include enforceable emission 

limitations and other control 

measures, means, or techniques 

(including economic incentives 

such as fees, marketable 

permits, and auctions of 

emissions rights), as well as 

schedules and timetables for 

compliance, as may be necessary 

or appropriate to meet the 

applicable requirements of this 

chapter.

10 V.S.A. §554 authorizes the Secretary of the Agency of Natural Resources to 

“[a]dopt, amend and repeal rules, implementing the provisions” of Vermont’s air 

pollution control laws set forth in 10 V.S.A. chapter 23. 

10 V.S.A. §556 requires permits for the construction or modification of air 

contaminant sources.

10 V.S.A. §558 authorizes the Secretary “to establish emission control 

requirements . . . necessary to prevent, abate, or control air pollution.”

10 V.S.A. §585 provides standards for the sulfur content of heating oil.

The sections of the Vermont Air Pollution Control Regulations (VT APCR) 

that specify or are used to establish emission limits related to the control of 

sulfur dioxide (SO2) include:

§5-201 Open Burning Prohibited

§5-204 Outdoor Wood Fired Boilers

§5-221 Prohibition of Potentially Polluting Materials in Fuel

§5-241 Prohibition of Nuisance and Odor

§5-252 Control of Sulfur Dioxide Emissions

§5-261 Control of Hazardous Air Contaminants

§5-302 Sulfur Oxides (Sulfur Dioxide)

§5-501 Review of Construction or Modification of Air Contaminant Sources

§5-502 Major Stationary Sources and Major Modifications

Subchapter IV. Operations and Procedures

Subchapter VIII. (§5-801 - §5-806) Registration of Air Contaminant Sources

110(a)(2)(B) 

Ambient air 

Provide for establishment and 

operation of appropriate 

10 V.S.A. §554 authorizes the Secretary to “conduct studies, investigations and 

research relating to air contamination and air pollution” and “[d]etermine by 
CAA Section 110(a) Requirement Corresponding Vermont Requirements

quality 

monitoring/

data system

devices, methods, systems, and 

procedures necessary to (i) 

monitor, compile, and analyze 

data on ambient air quality, and 

(ii) upon request, make such 

data available to the 

Administrator.

appropriate means the degree of air contamination and air pollution in the state 

and the several parts thereof.”

The most recent (2014) annual air monitoring network plan is available on the 

AQCD website.

14 Data collected by network monitors are required to be reviewed, 

validated, and sent to the EPA air quality system no later than 90 days after the 

end of a calendar quarter. 

Review of air quality monitoring data from 2009-2011 showed no violations of the 

2010 SO2 standard in any areas of VT.15 According to current EPA guidance, VT is 

not required to conduct source-specific monitoring or modeling.

110(a)(2)(C) 

Program for

enforcement, 

PSD and NSR

Include a program to provide for 

the enforcement of the measures 

described in subparagraph (A), 

and regulation of the 

modification and construction of 

any stationary source within the 

areas covered by the plan as 

necessary to assure that national 

ambient air quality standards 

are achieved, including a permit 

program as required in parts C 

and D. 

10 V.S.A. §557 authorizes inspections of air contaminant sources.

10 V.S.A. §568 establishes penalties for violating air pollution control laws and 

regulations or making false statements.

10 V.S.A Chapter 201 “Administrative Environmental Law Enforcement” and 

10 V.S.A Chapter 211 “Civil Enforcement” provides the Secretary with the 

authority to enforce, including the authority to assess civil and criminal penalties, 

Vermont’s air pollution control laws and regulations.

10 V.S.A §556, VT APCR §5-501, Review of Construction or Modification of 

Air Contaminant Sources, and §5-502, Major Stationary Sources and Major 

Modifications, set forth the requirements for permits to construct, modify or 

operate major air contaminant sources. Specifically, §5-501 and §5-502 provide 

for nonattainment and prevention of significant deterioration (PSD) permitting for 

 

14 http://www.anr.state.vt.us/air/Monitoring/docs/Vermont%202014%20Air%20Monitoring%20Network%20Plan%20070214.pdf

15 Spalding, H. Curtis. Letter to Gov. Peter Shumlin. 07 Feb. 2013. United States Environmental Protection Agency, Boston, MA. 

http://www.epa.gov/airquality/sulfurdioxide/designations/eparesp/01_VT_resp.pdf
CAA Section 110(a) Requirement Corresponding Vermont Requirements

major sources under Vermont’s more expansive definition of major stationary 

source. Section 5-502(4)(c) states that “... 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...” Subchapter V also includes Vermont’s PSD16

program that applies to sources that emit greenhouse gases (GHG) in accordance 

with EPA’s Tailoring Rule.

VT APCR §5-501(7) provides for public notification as well as notification of 

officials and agencies of states or areas that may be affected by the construction or 

modification being permitted in Vermont.

Please see section 110(a)(2)(J) of this document for Vermont’s PSD measures.

110(a)(2)(D)(i)

(I)

Interstate 

transport 

provisions

Include provisions prohibiting 

any source or other type of 

emissions activity in one state 

from contributing significantly 

to nonattainment, or interfering 

with maintenance, of the NAAQS 

in another state.

No source or sources within Vermont have been identified as contributing 

significantly to nonattainment in any other state or are the subject of an active 

finding under section 126 of the CAA with respect to SO2 or any other air 

pollutant. Vermont SO2 emissions are among the lowest of any state, with 2011 

NEI point source emissions totaling less than 500 tons from all Vermont point 

sources combined. Ambient Vermont SO2 concentrations at Vermont’s highest 

concentration site have declined by 75% in the past 10 years, with a 2012-2014 1-

hour design value of 13 ppb. The only 1-hour SO2 nonattainment area in a state 

adjacent to Vermont, in central New Hampshire, has recently experienced 

dramatic reductions in SO2 emissions and ambient concentrations following the 

2012 installation of scrubbers at the Merrimack generating Station. The most 

recent 2013 1-hour SO2 design value was for that central NH area was 23 ppb –

less than 1/3 the level of the 2010 NAAQS.

 

16 Vermont submitted changes to its SIP on July 25, 2014. Some of these changes are within the context of PSD permitting authority and have not yet received approval 

from EPA. Vermont is also in the process of amending the Vermont Air Pollution Control Regulations to make further changes to the regulations in the context of PSD 

permitting authority and expects to submit those proposed to changes to EPA for comment in early 2016.
CAA Section 110(a) Requirement Corresponding Vermont Requirements

110(a)(2)(D)(i)

(II) Interstate 

transport

provisions –

PSD and 

visibility

Include provisions (i) 

prohibiting any source or other 

type of emissions activity within 

the state from contributing 

significantly to nonattainment, 

or interfering with PSD 

measures or measures to protect 

visibility in another state.

10 V.S.A §556, VT APCR §5-501 Review of Construction or Modification of Air 

Contaminant Sources, and §5-502, Major Stationary Sources and Major 

Modifications, set forth the requirements for permits to construct, modify or 

operate major air contaminant sources. Specifically, §5-501 and §5-502 provide 

for nonattainment and prevention of significant deterioration (PSD) permitting for 

major sources under Vermont’s more expansive definition of major stationary 

source.

 

Please see section 110(a)(2)(J) of this document for Vermont’s PSD measures.

Vermont’s Regional Haze SIP demonstrates that Vermont sources do not 

significantly impact visibility in any downwind Class I area. 

110(a)(2)(D)(i) 

Interstate and 

International 

Transport 

provisions

Provide adequate provisions to 

prevent endangerment or public 

health due to interstate and 

international transport of 

pollutants.

Vermont has no pending obligations under section 115 or section 126(b) of the 

Clean Air Act.

110(a)(2)(E) 

Adequate 

personnel, 

funding and 

authority

Provide for adequate personnel, 

funding and legal authority 

under state law to carry out the 

SIP, and demonstrate adherence 

to conflict of interest 

requirements.

3 V.S.A. §2822 provides the Secretary with the authority to assess air permit and 

registration fees which fund state air programs.

10 V.S.A. §553 designates the Agency of Natural Resources as the air pollution 

control agency of the state.

10 V.S.A §554 provides the Secretary with the power to “[a]ppoint and employ 

personnel and consultants as may be necessary for the administration of this 

chapter” and “[a]dopt, amend and repeal rules, implementing the provisions” of 

Vermont’s air pollution control laws set forth in 10 V.S.A. chapter 23 and “[a]ccept, 

receive and administer grants or other funds or gifts from public and private 

agencies, including the federal government, for the purposes of carrying out any of 

the functions of this chapter.”
CAA Section 110(a) Requirement Corresponding Vermont Requirements

In addition to Federal funding, and permit and registration fees, the VT AQCD 

receives state funding to implement its air programs.

The Vermont Agency of Natural Resources, Department of Environmental 

Conservation is the sole authority implementing the SIP and does not rely on local 

or regional governments, agencies, or any external permit review or enforcement 

boards or bodies to carry out this responsibility. 

Vermont Executive Order 09-11 (2011) (Executive Code of Ethics) contains 

strict ethical rules prohibiting all VT executive branch employees (including the 

ANR Secretary) from taking “any action in any particular matter in which he or she 

has either a conflict of interest or the appearance of a conflict of interest, until such 

time as the conflict is resolved.”

110(a)(2)(F)

Stationary 

source 

monitoring and 

reporting

Require the installation, 

maintenance, and replacement 

of equipment to monitor 

emissions from stationary 

sources and to submit periodic 

emissions reports and correlate 

such reports with any emission 

limitations or standards, which 

shall be available at reasonable 

times for public inspection.

VT APCR §5-402, Written Reports When Requested, authorizes the Air 

Pollution Control Officer to request written reports on the nature and amount of 

emissions and other emissions-related data.

VT APCR §5-404, Methods for Sampling and Testing of Sources, authorizes the 

Air Pollution Control Officer to require stack testing when there is reason to 

believe that emission limits are being violated by an air contaminant source.

VT APCR §5-405, Required Air Monitoring, authorizes the Air Pollution Control 

Officer to require 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.”

VT APCR §5-802, Requirement for Registration, requires that “[e]ach 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.”

1 V.S.A. §315-320 provides for the free and open examination of public records, 
CAA Section 110(a) Requirement Corresponding Vermont Requirements

including emissions reports.17

Nothing in Vermont’s State Implementation Plan precludes the use, including the 

exclusive use, of any credible evidence or information, relevant to whether a 

source would have been in compliance with applicable requirements, if the 

appropriate performance or compliance test or procedure had been performed.

110(a)(2)(G) 

Emergency 

episodes

Provide for authority to address 

activities causing imminent and 

substantial endangerment of 

public health, including 

contingency plans to implement 

the emergency episode 

provisions of the SIP.18

10 V.S.A. §560 authorizes actions to order the immediate discontinuation of air 

emissions causing imminent danger to human health or safety.

10 V.S.A. §8009 authorizes the issuance of an emergency administrative order 

when a violation presents or an activity will or is likely to result in an immediate 

threat to the public health. 

110(a)(2)(H) 

Future SIP 

revisions

Provide for SIP revisions in 

response to changes in the 

NAAQS, availability of improved 

methods for attaining the 

NAAQS, or in response to an EPA 

finding that the SIP is 

substantially inadequate. 

10 V.S.A §554 provides the Secretary with the power to “[p]repare and develop a 

comprehensive plan or plans for the prevention, abatement and control of air 

pollution in this state” and “[a]dopt, amend and repeal rules, implementing the 

provisions” of Vermont’s air pollution control laws set forth in 10 V.S.A. Chapter 

23.

 

17 Vermont is currently pursuing amendments to 10 V.S.A. §563, which allows owners and operators of air contaminant sources to certify information furnished to the 

Agency as confidential business information. Amendments to §563 will require the Agency to make public all emissions and emissions monitoring data submitted to the 

Agency by owners and operators of air contaminant sources. The Agency expects these changes to be signed into law in 2016. 

18 Two areas in Vermont are classified as a Priority II area for SO2 pursuant to 40 CFR 51.2371. Recent data from EPA’s air quality system (AQS), however, shows the measured 

SO2 concentrations in Vermont have been below the levels for a Priority II area for more than 35 years. Vermont plans to work with EPA to update this classification in 

conjunction with this I-SIP submittal.
110(a)(2)(I)

Nonattainment 

area plan or 

plan revision 

Under Part D

Each plan shall [...] in the case of 

a plan or plan revision for an 

area designated as a 

nonattainment area, meet the 

applicable requirements of part 

D of this subchapter (relating to 

nonattainment areas).

According to EPA guidance, states are not expected to address element 

110(a)(2)(I) in the context of an infrastructure SIP submission. 

110(a)(2)(J) 

Consultation 

with 

government 

officials

Provide a process for 

consultation with local 

governments and Federal Land 

Managers carrying out NAAQS 

implementation requirements 

pursuant to section 121 relating 

to consultation.

10 V.S.A §554 specifies that the Secretary shall have the power to “[a]dvise, 

consult, contract and cooperate with other agencies of the state, local 

governments, industries, other states, interstate or interlocal agencies, and the 

federal government, and with interested persons or groups.”

See also VT ANR notification requirements under 110(a)(2)(D).

110(a)(2)(J) 

Public 

notification

Requires states to notify the 

public if NAAQS are exceeded in 

an area and enhance public 

awareness of measures that can

be taken to prevent exceedances.

10 V.S.A §554 authorizes the Secretary to “[c]ollect and disseminate information 

and conduct educational and training programs relating to air contamination and 

air pollution.”

VT DEC Air Quality and Climate Division website includes near real-time air 

quality data, and a record of historical data. Air quality forecasts are distributed 

daily via email to interested parties. Air quality alerts are sent by email to a large 

number of affected parties, including the media. Alerts include information about

the health implications of elevated pollutant levels and list actions to reduce 

emissions and to reduce the public’s exposure.

19

Air Quality Data Summaries summarizing the year’s air quality monitoring 

results are issued annually and posted on the VT DEC Air Quality and Climate

Division website. 

 

19 http://www.anr.state.vt.us/air/
110(a)(2)(J) 

PSD and 

visibility 

protection

Meet the applicable 

requirements of part C relating 

to prevention of significant 

deterioration of air quality and 

visibility protection.

VT APCR §5-501, Review Of Construction or Modification of Air Contaminant 

Sources and §5-502, Major Stationary Sources and Major Modifications,

specifies requirements for PSD and visibility protection. Sections 5-501 and 5-502 

provide for nonattainment and prevention of significant deterioration (PSD) 

permitting of major stationary sources. Section 5-502(4)(c) states that “... 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...”20 Section 5-

502(4)(e) additionally requires that any proposed source demonstrate that it will 

not adversely impact visibility or any other “Air Quality Related Value” in any 

Federal Class I area.

EPA has fully approved Vermont’s Regional Haze SIP (77 FR 30212; May 22, 

2012). EPA has interpreted the CAA Section 110(a)(2)(J) provision on visibility as 

not being “triggered” because visibility requirements in Part C are not changed by 

new NAAQS.

110(a)(2)(K) 

Air quality 

modeling/data

Provide for air quality modeling 

for predicting effects on air 

quality of emissions from any 

NAAQS pollutant and 

submission of such data to EPA 

upon request. 

VTAPCR §5-502, Major Stationary Sources and Major Modifications, requires 

the submittal of an air quality impact evaluation or air quality modeling to 

demonstrate impacts of new and modified major sources. 

VT APCR §5-406, Required Air Modeling, specifies that “[t]he Air Pollution 

Control Officer may require the owner or operator of any proposed air 

contaminant source . . . to demonstrate that operation of the proposed source . . .

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 . . .”

 

20 Vermont submitted changes to its SIP on July 25, 2014. Some of these changes are within the context of PSD permitting authority and have not yet received approval from EPA. 

Vermont is also in the process of amending the Vermont Air Pollution Control Regulations to make further changes to the regulations in the context of PSD permitting authority 

and expects to submit those proposed to changes to EPA for comment in early 2016.
110(a)(2)(L) 

Permitting fees

Require each major stationary 

source to pay permitting fees to 

cover the cost of reviewing, 

approving, implementing and 

enforcing a permit. 

10 V.S.A §556 provides for the assessment of application fees from air emissions 

sources for permits for the construction or modification of air contaminant 

sources.

3 V.S.A §2822(j) sets forth the permit fees for air emissions sources. 

VT APCR Subchapter X: Operating Permits sets forth Vermont’s approved Title V 

permit program. (66 FR 59535)

110(a)(2)(M) 

Consultation/ 

participation by 

affected local 

entities

Provide for consultation and 

participation in SIP development 

by local political subdivisions 

affected by the SIP

10 V.S.A §554 authorizes the Secretary to “[a]dvise, consult, contract and 

cooperate with other agencies of the state, local governments, industries, other 

states, interstate or interlocal agencies, and the federal government, and with 

interested persons or groups.”

See also VT ANR notification requirements under 110(a)(2)(D).
ENCLOSURE 5

Vermont Statutes Annotated and Executive Order to be included in the 

State Implementation Plan

 10 V.S.A. §554

 Executive Order 09-11, Executive Code of Ethics 
The Vermont Statutes Online21

Title 10: Conservation and Development

Chapter 023: Air Pollution Control

§ 554. Powers

In addition to any other powers conferred on him by law the secretary shall have power to:

(1) Appoint and employ personnel and consultants as may be necessary for the 

administration of this chapter.

(2) Adopt, amend and repeal rules, implementing the provisions of this chapter.

(3) Hold hearings related to any aspect of or matter in the administration of this 

chapter, and in connection therewith, subpoena witnesses and the production of evidence.

(4) Issue orders as may be necessary to effectuate the purposes of this chapter and 

enforce the same by all appropriate administrative and judicial proceedings.

(5) Prepare and develop a comprehensive plan or plans for the prevention, abatement 

and control of air pollution in this state.

(6) [Repealed.]

(7) Encourage local units of government to handle air pollution problems within their 

respective jurisdiction, and by compact on a cooperative basis, and to provide technical and 

consultative assistance therefor.

(8) Encourage and conduct studies, investigations and research relating to air 

contamination and air pollution and their causes, effects, prevention, abatement and 

control.

(9) Determine by appropriate means the degree of air contamination and air pollution 

in the state and the several parts thereof.

(10) Make a continuing study of the effects of the emission of air contaminants from 

motor vehicles on the quality of the outdoor atmosphere of this state and the several parts 

thereof, and make recommendations to appropriate public and private bodies with respect 

thereto.

(11) Establish ambient air quality standards for the state as a whole or for any part 

thereof, based on nationally recognized criteria applicable to the state of Vermont.

(12) Collect and disseminate information and conduct educational and training 

programs relating to air contamination and air pollution.

(13) Advise, consult, contract and cooperate with other agencies of the state, local 

governments, industries, other states, interstate or interlocal agencies, and the federal 

government, and with interested persons or groups.

 

21 Information retrieved by VT DEC from the State of Vermont General Assembly website on October 26, 

2015. http://legislature.vermont.gov/statutes/section/10/023/00554
(14) Consult, upon request, with any person proposing to construct, install, or 

otherwise acquire an air contaminant source or device or system for the control thereof, 

concerning the efficacy of the device or system, or the air pollution problem which may be 

related to the source, device or system. Nothing in any consultation shall be construed to 

relieve a person from compliance with this chapter, rules in force pursuant thereto, or any 

other provision of law.

(15) Accept, receive and administer grants or other funds or gifts from public and 

private agencies, including the federal government, for the purpose of carrying out any of 

the functions of this chapter. The funds received by the secretary pursuant to this section 

shall be deposited in the state treasury to the account of the secretary.

(16) Have access to records relating to emissions which cause or contribute to air 

contamination. (1967, No. 310 (Adj. Sess.), § 4; amended 1971, No. 212 (Adj. Sess.), § 3; 

1989, No. 98, § 4(b).)
EO 09-11 Executive Code Of Ethics22

STATE OF VERMONT

Executive Department

EXECUTIVE ORDER

[Executive Code of Ethics]

WHEREAS, Throughout the state, dedicated public servants bring their talents and 

expertise to work on behalf of the people of Vermont,

WHEREAS, it is essential to the proper operation of government that public officers be 

independent and impartial; that governmental decisions and policy be made fairly and 

impartially, on the merits of the matter at issue; that public office not be used for private 

gain other than the remuneration provided by law; and that there be public confidence in 

the integrity of government; and

WHEREAS, there is a risk that the attainment of one or more of these ends may be 

impaired whenever a conflict exists between the private interests of a public officer and his 

or her official responsibilities; and

WHEREAS, it is also essential to the proper operation of government that those best 

qualified not be discouraged from serving as public officers by requiring them to relinquish 

totally the opportunity to further their own interests, at least where such interests do not 

create irreconcilable conflicts with their official responsibilities; and

WHEREAS, both the public and private sectors of Vermont are enriched by the healthy 

exchange of individuals who have hands-on knowledge and work experience in both the 

public and private sectors.

NOW, THEREFORE, an Executive Code of Ethics effectively ensures fairness and 

impartiality in the conduct of state business while at the same time, encouraging the 

recruitment and retention of those best qualified to serve the state and ought to be 

reaffirmed and continued. 

BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the authority vested in me as 

Governor, do hereby promulgate the following Executive Code of Ethics.

 

22 Information retrieved by VT DEC from Vermont Governor Peter Shumlin’s website on October 26, 2015. 

http://governor.vermont.gov/executive_orders/09-11-executive-code-of-ethics
Except where otherwise provided by law, all gubernatorial appointees of the executive 

branch shall be subject to provisions of this Executive Order. Nothing in this Executive 

Order shall exempt an appointee from any other requirement of law or any duly adopted 

state personnel policy.

To assure adherence to this code, all future appointees, and any current appointees who 

have not signed an acknowledgment with respect to Executive Order No. 10-03 (codified as 

Executive Order No. 3-45), will be asked to sign the acknowledgment attached hereto as 

Exhibit A and submit it to the Secretary of Civil and Military Affairs (the “Secretary”).

The Secretary has the authority to interpret the provisions of this code as they relate to 

particular circumstances and to issue exemptions from the Code under special 

circumstances. All such interpretations and exemptions shall be written and kept by the 

Secretary in the same manner as the Conflict Questionnaires.

I. Definitions

As used in this Executive Order:

A. “Appointee” means any exempt employee or any member of any public body 

appointed by or upon the approval of the Governor, or by or upon the approval of such an 

appointee.

B. “Appearance of a conflict of interest” as used below in §§ III (A) (2) and (7) means the 

impression that a reasonable person might have, after full disclosure of the facts, that an 

appointee’s judgment might be significantly influenced by outside interests, even though 

there is no actual conflict of interest.

C. “Conflict of interest” means a significant interest, of an appointee or such an interest, 

known to the appointee, of a member of his or her immediate family or household or of a 

business associate, in the outcome of any particular matter pending before the appointee 

or his or her public body. “Conflict of interest” does not include any interest that (i) is no 

greater than that of other persons generally affected by the outcome of the matter, or (ii) 

has been disclosed and found not to be significant.

D. “Full-time appointee” means any appointee receiving a full-time salary for state 

service.

E. “Private entity” is any person, corporation, partnership, joint venture or association, 

whether organized for profit or not for profit, except those specifically chartered by the 

State of Vermont or which relies upon taxes for at least 50 percent of its revenues.
F. “Public body” means any agency, department, division or office and any board or 

commission of any such entity, or any independent board or commission, in the executive 

branch of the state. 

II. General Conduct

An appointee must conduct the affairs of his or her office in such a manner as to instill 

public trust and confidence. 

1. Thus, an appointee shall take all reasonable steps to avoid any action or 

circumstances, whether or not specifically prohibited by this code, which might 

result in:

(1) Undermining his or her independence or impartiality or action;

(2) Taking official action on the basis of unfair considerations;

(3) Giving preferential treatment to any private interest on the basis of unfair 

considerations;

(4) Giving preferential treatment to any family member or member of the 

appointee’s household;

(5) Using public office for the advancement of personal interest;

(6) Using public office to secure special privileges or exemptions; or

(7) Affecting adversely the confidence of the public in the integrity of state 

government.

2. Every appointee shall be true and faithful to the State of Vermont; will not, directly 

or indirectly, do any act or thing injurious to the Constitution or Government of the 

State of Vermont; will faithfully execute the office which he or she holds; and will 

therein do equal right and justice to all men and women, to the best of his or her 

judgment and ability, according to law. [VT. Const., Ch 11, §56]

3. Appointees shall always treat each other, employees, staff, volunteers, and the 

public with dignity, respect and courtesy.

4. Appointees shall support efforts to create and maintain a diverse and effective work 

force.

5. Every full-time appointee shall devote all of his or her work time to the duties of his 

or her office.
6. An appointee shall not use state property nor permit others to use state property 

unless the use is reasonably related to his or her official responsibilities or the 

conduct is permitted pursuant to a duly adopted state or agency personnel policy.

7. An appointee shall not enter into any commitment to expend state funds unless the 

expenditure is reasonable and valuable to the state and made in accordance with all 

applicable statutes, rules or directives from the Secretary of the Agency of 

Administration.

H. An appointee shall be in good standing with respect to, or in full compliance with a 

plan to pay, any and all taxes due the State of Vermont. An appointee shall be in good 

standing with respect to, or in full compliance with a plan to pay, any and all child support 

obligations.

I. Exemptions sought under this Code shall be issued only to further the twin goals of 

this Code: to establish high standards of ethical conduct for all appointees and to encourage 

those Vermonters best qualified to serve in state government.

III. Personal Interests, Outside Employment, and Financial Activities

A. Ethical Rules While in State Employ:

(1) No full-time appointee shall be the owner of, or financially interested, 

directly or indirectly in any private entity or private interest that is subject to 

the supervision of his or her respective department or agency, except as a 

policyholder in an insurance company or a depositor in a bank. (3 VSA 204). 

For the purpose of this Executive Order, a direct or indirect financial interest 

excludes:

(i) any insignificant interest held individually or by a member of the appointee’s 

immediate household or by a business associate, or

(ii) any interest which is no greater than that of other persons who might be 

generally affected by the agency’s or department’s supervision.

(2) An appointee shall not take any action in any particular matter in which he 

or she has either a conflict of interest or the appearance of a conflict of

interest, until such time as the conflict is resolved.

(3) An appointee shall not take any official action that materially advances the 

interest of any entity (except the State of Vermont) with which the appointee 

is actively seeking employment.
(4) A full-time appointee shall not, for pecuniary gain, be an advocate for any 

private entity in any matter before any public body or before the state 

legislature or its committees.

(5) An appointee, while in state employ, shall not solicit or receive any payment, 

gift, or favor based on any understanding that it may influence any official 

action.

(6) An appointee shall not solicit or receive any payment, gift or favor from any 

private interest which;

(i) has, or seeks to obtain, contractual or other business or financial 

relationships with the appointee’s public body;

(ii) conducts business or activities that are regulated by the appointee’s public 

body; or

(iii) has an interest that may be substantially affected by the appointee’s official 

actions.

(7) An appointee, or his or her designee, shall not accept gifts or trips from 

private interests if the gifts or trips are (i) a quid pro quo; (ii) are intended to 

influence any decision by the appointee; or (iii) create an appearance of a 

conflict of interest.

(8) Absent specific law requiring disclosure, an appointee shall not disclose to 

any private entity any confidential or privileged information obtained while 

in state employ.

(9) An appointee or his or her family shall not trade in stock or otherwise 

transact private business based upon information obtained by the Appointee 

through his or her work on behalf of the state.

B. Ethical Rules After State Employ:

(1) For one year after leaving office, a former appointee shall not, for pecuniary 

gain, be an advocate for any private entity before any public body or before 

the state legislature or its committees, regarding any particular matter:

(i) in which the state is a party or has a direct and substantial interest; and

(ii) in which the appointee had participated personally and substantively while 

in state employ.
This prohibition applies to any matter the appointee directly handled, supervised or 

managed, or gave substantial input, advice or comment, or benefited from, either through 

discussing, attending meetings on, or reviewing materials prepared regarding the matter.

(2) For one year after leaving office, a former full-time appointee shall not, for 

pecuniary gain, be an advocate for any private entity before any public body 

or before the state legislature or its committees, regarding any particular 

matter in which the appointee had exercised any official responsibility.

IV. Reports

Within thirty days of appointment and thereafter annually on June 30, every Appointee 

who earns $30,000 or more per year shall file with the Secretary an “Ethics Questionnaire” 

as prescribed in Exhibit B. These questionnaires shall be treated as confidential personnel 

documents as defined by 1 VSA §317 (b) (7) and kept as such during the gubernatorial 

administration in which the appointee serves, or for one year after the appointee leaves 

office, whichever first occurs, at which point they will be destroyed.

V. Enforcement

The purpose of this Executive Code of Ethics is to provide guidance to gubernatorial 

appointees covered herein, and during such appointment, except as otherwise required by 

law, only the Governor or his designated agent shall have the power to sanction any 

violations hereof. Nothing in this code shall create a right to continue state 

employment. The remedy for a violation of post-employment restrictions set forth in 

Section III(B) shall rest with the public body before which the former appointee appears 

and, barring unusual circumstances, shall result only in disqualifying the former appointee 

from appearing or participating in the particular matter.

VI. Effective Date, Repeal and Transition

This Executive Order takes effect upon signing and, except as otherwise required by law, 

and except as provided below, supersedes and replaces Executive Order No. 10-03 

(codified as No. 3-45), dated September 13, 2003. Appointees who completed the 

acknowledgment and disclosure required pursuant to the prior Executive Order No. 10-03 

need not re-execute the acknowledgment and disclosure required pursuant to this 

Executive Order, but remain bound to and accountable for the requirements of that prior 

Executive Order No. 10-03.

Dated this ___ day of July, 2011.

___________________________

Peter Shumlin

Governor

Executive Order No. 09-11
ENCLOSURE 6

DEMONSTRATION THAT VERMONT DOES NOT CONTRIBUTE 

SIGNIFICANTLY TO NON-ATTAINMENT OR MAINTENANCE OF THE 2008

OZONE NAAQS IN ANY OTHER STATE
Vermont’s Minimal Contributions to Ozone Non-Attainment Areas in 

Other States

Vermont was excluded from the ozone (and PM-related) requirements of the Cross State 

Air Pollution Rule (CSAPR) because EPA modeling in support of that rule showed that 

Vermont emissions contributed less than 1% of the level of the 1997 8-hour ozone NAAQS 

(0.08 ppm) in any area of any state projected to be in non-attainment of the 1997 ozone 

NAAQS, based on projected average 2012 design values. This modeling 

(http://www.epa.gov/crossstaterule/pdfs/CSAPR_Ozone%20and%20PM2.5_Contribution

s.xls) further showed that Vermont emissions contributed less than 1% of the 2008 ozone 

NAAQS (0.075 ppm) at any site projected to have 2012 attainment or maintenance 

problems with the 2008 ozone standard – or in any area of any other state, regardless of 

the projected attainment status.

A second demonstration of 

Vermont’s minimal contribution to 

ozone non-attainment is presented 

in Figure 1, which shows 48-hour 

backward air trajectories arriving 

on all days exceeding the ozone 

standard during the past 3 years 

(2012 – 2014) at 4 sites in areas of 

Connecticut and Massachusetts

currently designated nonattainment 

for the 2008 ozone NAAQS which 

are closest to and/or most likely to 

be downwind of Vermont emissions. 

The trajectories were calculated 

using the NOAA HYSPLIT model, 

with start times in the middle of 

each 8-hour ozone exceedance

period and with starting heights of 

10, 100 and 250 meters AGL. 

HYSPLIT was run using the NAM 12 

km gridded meteorological driver, 

and employing the model vertical 

velocity to determine trajectory 

vertical motion. It can be noted that 

none of these trajectories associated 

with recent ozone exceedances in 

nearby states passed over Vermont 

emissions.

In more recent 2015 CAMx modeling, intended to address interstate pollution transport for 

the 2008 ozone NAAQS, EPA estimated state contributions to 2017 ozone concentrations at 

sites projected to have attainment or maintenance problems with the 2008 ozone standard 

in 2017 (http://www3.epa.gov/airtransport/pdfs/2017%20Ozone%20Contributions
_Transport%20NODA.xlsx ). The largest modeled Vermont contribution at any downwind 

monitor with projected 2017 maintenance problems with the 2008 ozone standard was 

0.05 ppb at Middlesex, NJ where the projected maximum 2017 design value was 76.6 ppb. 

The largest modeled Vermont contribution at any downwind monitor with projected 2017 

attainment problems with the 2008 ozone standard was 0.01 ppb at New Haven, CT where 

the projected average 2017 design value was 77.2 ppb. These modeled Vermont

contributions represent less than 1/10th of 1 percent of the 75 ppb level of the 2008 ozone 

standard at sites with projected 2017 attainment or maintenance problems.

It can further be noted (Figure 2) that the frequency of days with 8-hour ozone 

concentrations exceeding 75 ppb in Vermont and nearby New England states has declined 

steadily over the past 30 years, and that total Vermont NOX emissions, as reported in the 

NEI inventory, have dropped by 1/3 in the past decade, from 30,229 tons in 2002 to 

19,352 tons in 2011.

Vermont emissions have not significantly contributed to exceedances of the 2008 ozone 

NAAQS in any other state in the past and are highly unlikely to do so in the future.