APPENDIX J 

Documentation of 1995 Rule Changes to State NOx RACT Rule 

5-251 Control of Nitrogen Oxides Emissions 
Documentation of 1995 Rule Changes to State NOx RACT Rule 

5-251 Control of Nitrogen Oxides Emissions 

High Uuality tree§., : 

shrubs, bark mulc,h, 

and topsoil 

RTE . 7, COLCHESTER, JUST NORT,N`OF 

Mon.-Fri. 7-5 ; Sat . B-4 ; Su 

By law, public noUCe of proposed rules must be given by publication in newspapers of record . The purpose of these notices is to give the public a chance 

to respond to the proposals. The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an 

association having at least 25 members. 

To get a copy of a rule or make suggestions to the agency, call or write the 

contact person listed below. You may also comment on the proposal by writing 

the Legislative Cornmittee on Administrative Rules, State House, Montpelier, 

VT 05602 (828-2231) 

A) EXEMPTION FOR GAS TURBINES FROM NITROGEN OXIDE EMISSIONS PERFORMANCE STANDARDS; B) REQUIRED AIR MODELING ; C) 

REGISTRATION FEES FOR AIR CONTAMINANT SOURCES; D) OPERATING PERMITS - PERMIT SHIELD PROVISION 

Vermont Proposed Rule : 95-P30 

AGENCY: Natural Resources 

SCHEDULED HEARING: Tuesday, July 11, 1995 ; 7:00 p. m. ; Pavilion Building 

109 State Street, 4th Floor, Montpelier, Vermont. 

DEADLINE FOR PUBLIC COMMENT: JULY 19, 1995 

FOR FURTHER INFORMATION, CONTACT: Daniel A. Jerman, Chief Hearing 

Officer, Human Services Board, State Office Building, Montpelier, Vermont 

05620-4301 Telepnone (802) 828-2536 . 

FAIR HEARING RULES 

Vermont Proposed Rule 95-P31 

AGENCY: Human Services, Department of Social Welfar 

Board 

FOR FURTHER INFORMATION, CONTACT: Daniel A. Jer 

Officer. Human Services Board, State Office Bwldrna . M 
LIST OF WITNESSES & COMMENTS RECEIVED ON RULEMAKING 

July 11, 1995 

List of Witnesses : 

No witnesses testified at this hearing on the proposed changes to rule 5-251 adding an 

exemption for gas turbines and moving the NOx RACT provision that was under 5-251(2) to the 

new number 5-251(3) . Two comments were submitted during the rulemaking process, one from 

Green Mountain Power and one from Burlington Electric, both in favor of the rule . 

Attachment "B" 

PROPOSED AMENDMENT TO CHAPTER 5 OF THE 

ENVIRONMENTAL PROTECTION REGULATIONS 

AIR POLLUTION CONTROL 

RESPONSIVENESS SUMMARY 

This document was prepared by the Air Pollution Control Division (the "APCD') of the Vermont 

Agency of Natural Resources (the "ANR") in response to comments received p ;rtaining to 

proposed amendments (#95-P30) to the Air Pollution Control Regulations. APIR received 

comments relevant to the proposed amendments' exemption for gas turbines frc: m nitrogen oxide 

emissions performance standards and the proposed permit shield provision for tl ie operating 

permits program. One oral comment was presented by the Conservation Law F :)undation at the 

public hearing. However, the substance of its oral comment was fully contained in its written 

comment The comments received and ANR responses are summarized herein . Copies of the 

actual comments and responses are attached . For a complete explanation of the proposed rule 

amendments, please see the proposed rule filing package 

Exemption for Gas Turbines from NOx Emissions Performance Standard (2 co riments) 

Comment 1 - King & King on behalf of Green Mountain Power Corporation ("GMP") 

The comment supports the amendment as proposed . GNP believes the c .hange will benefit 

both the utility and the public at large. 

ANR response: none 

Comment 2 - Burlington Electric Department ("BED") 

The comment supports the amendment as proposed . BED states that tht amendment is 

consistent with federal regulations and strikes an appropriate balance between ec onornic impact 

and environmental protection . 

ANR response: none 
S1 )S# 

(Do Not Complete) 

ADOPTED RULE: COVER SHEET 

Note: File this form with the Secretary of State and the Legislative Committee on 

Administrative Rules. You must file an adopting page and the text of the adopted rule 

with this cover sheet. 

Please complete the following. 

1. Title or subject of proposed rule: 

a) Exemption for Gas Turbines from Nitrogen Oxide Emissions Perfo: mance 

Standards 

b) Required Air Modeling 

c) Registration Fees for Air Contaminant Sources 

d) Operating Permits - Permit Shield Provision 

2. Agency: Natural Resources 

3. This filing X - has has not changed since the filing of the inal proposal . 

If it has changed, please attach a letter to this filing explaining in detail what 

changes were made, citing chapter and section of those changes where applicable, 

including changes in economic impact. 

See Attachment "A" 

4. The Legislative Committee on Administrative Rules -2L did not ol ject -

objected to the final proposal . 

5. Procedural history of adoption: 

This rule X - was prefiled - was not prefiled . If prefiled, please give the 

date of filing : 

May 8, 1995 

This rule was filed in proposed form with the Secretary of Sate on the 

following date: May 31, 1995. 

This rule was published in newspapers of record on June 8 . 7 29~ , June 15. 

1921 , and June 23~1995 . 
This rule was the subject of public hearings held as follows ;give date, time, 

and place) : July 11, 1995 ; 7:00 p.m . ; Pavilion Building, 4th Floor, 

Montpelier, Vermont. 

The deadline for public comment for this rule was July 19, L225 . 

This rule was filed in its final proposed form with the Secre~ ary of State 

and with the Legislative Committee on Administrative Rule on Sotemb er 

26, 1995. 

The rule was considered by the Legislative Committee on Administrative 

Rules on October 10, 1995 and October 25, 1995 . 

This rule is filed in its adopted form on November 17 , J995 , 

The effective date of this rule will be December 4, 199. ~ ' (must be no 

sooner than 15 days following the filing of the adopted rule) 

CERTIFICATION: AS THE ADOPTING AUTHORITY (see 3 V.S.A. Section 801(b)(11) 

for a definition) OF THIS RULE, I HEREBY CERTIFY THAT THE PROCEDURAL 

REQUIREMENTS OF TITLE 3, CHAPTER 25 HAVE BEEN MET. I ALSO APPROVE 

THE CONTENTS OF THIS FILING. 

Date: 

Barbara Ripley, Secretari 

Agency of Natural Resour m 

(Type name here) 
ADOPTING PAGE 

Note: This form must be filed three times during the rulemaking process, viz., with the 

Proposed Rule Cover Sheet, Final Proposal Cover Sheet, and Adopted Ri de Cover Sheet . 

Please complete the following: 

1. Title or subject of rule : Air Pollution Control Regulations 

2. Agency: Natural Resources 

3. Agency's reference number, if any: None 

4. This is a new rule X an amendment of an existing rule. 

a repeal of an existing rule 

Except for new rules, please give the name of the existing rule and the dai e on which it 

was last amended or adopted: 

a) Air Pollution Control Regulations, Section 5-251, "Control of Nitrogen O) ides Emissions" ; 

amended August 13, 1993 ; 

b) Air Pollution Control Regulations, Section 5-406, "Required Air Modelin ;" ; adopted 

March 24, 1979; 

c) Air Pollution Control Regulations, Section 5-807, "Fees"; adopted April 2(~, 1988; 

d) Air Pollution Control Regulations, Subchapter X, Section 5-1015, "Permit Content"; 

adopted March 31, 1995 . 

To satisfy the requirement for an annotated text, an agency must s ibmit the entire 

rule in annotated form with the filings of proposed rules and final propos:ils . Filing a 

paragraph or page of a larger rule is not sufficient . Similarly, if the rule . of the agency 

have been published as part of the Vermont Administrative Code (VAC), the agency shall 

file the annotated text, if possible, using the appropriate page or pages of the VAC as a 

basis for the annotated version. New rules need not be accompanied by an annotated 

text . Rules which have been comprehensively revised are also exempted from the 
requirement for an annotated text, although a copy of the former rule is required. 

The Air Pollution Control Regulations are amended by making the following changes as they 

appear in the pages attached as part of this proposed rule: 

(a) Section 5-251, entitled "Control of Nitrogen Oxides Emissions," is amonded by adding 

the exemption for gas turbines on page 1 of the following text; 

Section 5-406, entitled "Required Air Modeling," is revised to read as ;et forth on page 

3 of the following text; 

(c) Section 5-807, entitled "Fees," is deleted in its entirety as set forth beg nning on page 4 

of the following text; 

(d) New Section 5-807, entitled "Fees," is added as set forth on page 4 of 1 he following 

text; 

(e) Section 5-1015, entitled "Permit Content," is revised to read as set fortli beginning on 

page 5 of the following text . 
AGENCY OF NATURAL RESOURCES 

Waterbury, Vermont 

ENVIRONMENTAL PROTECTION REGULATIONS 

Chapter 5 

AIR POLLUTION CONTROL 

Subchapter II . Prohibitions 

5-251 CONTROL OF NITROGEN OXIDES EMISSIONS 

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

emissions of oxides of nitrogen, expressed as NO,, from any 

fuel burning equipment with a heat input capacity of 250 

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

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

per million BTU) derived from gaseous fossil fuel . 

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

per million BTU) derived from liquid fossil fuel . 

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

per million BTU) derived from solid fossil Fuel (except 

lignite or a fossil fuel containing 25 perc :nt by 

weight, or more of coal refuse) . 

(2) The limits set forth in subsection (i) of this s :ction shall 

not ar)nly to gas turbines . 

Lal Reasonably available control technology for largi~ ~stationary 

sources . 

(a) The owner or operator of any stationary sou. :-ce that has 

allowable emissions of one hundred (100) to:is per year 

or more of nitrogen oxides shall install, miiintain and 

use reasonably available control technology approved 

by the Secretary, to limit the discharge of nitrogen 

oxides from the source' by May 31, 1995 . 

(b) Any source that becomes or is currently sub- ect to the 

provisions of this subsection by exceeding t .he 

applicability threshold in paragraph [(2)(a ;] (3) (a) of 

this subsection shall remain subject to the : ;e 

provisions even if its emissions later fall below the 

applicability threshold . 

(c) Compliance schedules . The owner or operatoi~ of any 

source subject to this subsection shall subriit a RACT 
compliance plan approved by the Secretary, including a 

compliance schedule, to the Agency by Novenber 15, 

1993 . The compliance schedule shall assure final 

compliance with subsection [(2)(a)] (3)(a) as 

expeditiously as practicable, but no later than May 31, 

1995 . 

(d) Exemptions . Any NO. emission unit required to meet the 

most 9tringent emission rate (MSER) in a construction 

permit containing specific emission limits is exempt 

from the requirements of Section [5-251(2)] 5- .57(3) ,