# APPENDIX J

Documentation of 1995 Rule Changes to State NOx RACT Rule

5-251 Control ofNitrogen Oxides Emissions

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



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

requires an agency to hold apublic 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) REQUIREDAIR MODELING; C) REGISTRATION FEES FORAIR CONTAMINANT SOURCES; D) OPERATING PERMITS- PERMIT SHIELD PROVISION Vermont Proposed Rule: 95-P30 AGENCY

: Natural Resources SCHEDULEDHEARING : Tuesday, July 11, 1995; 7:00p . m .; Pavilion Building 109 State Street, 4th Floor, Montpelier,Vermont. DEADLINE FORPUBLIC 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 RECEIVEDON RULEMAKING July 11, 1995 List of Witnesses: Nowitnesses 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, onefrom Green Mountain Power and one fromBurlington Electric, both in favor ofthe rule. Attachment "B" PROPOSEDAMENDMENT TOCHAPTER5 OF THE ENVIRONMENTAL PROTECTIONREGULATIONS

AIR POLLUTION CONTROL RESPONSIVENESS SUMMARY This document was prepared by theAir Pollution Control Division (the "APCD') ofthe Vermont Agency of Natural Resources (the "ANR") in response to comments received p;rtaining to proposed amendments (#95-P30) to theAir 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

. Oneoral comment was presented by the Conservation Law F:)undation at the public hearing. However, the substance ofits oral comment was fully contained in its written comment The comments received and ANRresponses are summarized herein. Copies ofthe actual comments and responses are attached. For a complete explanation ofthe proposed rule amendments, please see the proposed rule filing package Exemption for Gas Turbines fromNOx Emissions Performance Standard (2 co riments) 

### Comment 1 - King & King on behalfofGreen Mountain Power Corporation ("GMP") The comment supports the amendment as proposed. GNPbelieves thec.hange will benefit both the utility and the public at large. ANRresponse: none Comment 2 - Burlington Electric Department ("BED") The comment supports the amendment as proposed. BEDstates that tht amendment is consistent with federal regulations and strikes an appropriate balance between ec onornic impact and environmental protection. ANRresponse: none

### S1 )S# (Do Not Complete) 

### ADOPTEDRULE: COVERSHEET Note: File this form with the Secretary of Stateand 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 fromNitrogen 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 . SeeAttachment "A" 4 . The Legislative Committee on Administrative Rules -2L did not olject - 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 formwith the Secretary of Sate on the following date: May 31, 1995. This rule was published in newspapers of record on June 8. 729~ , June 15. 1921 , andJune 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 formon November 17 , J995 , The effective date ofthis rule will be December 4, 199 . ~ ' (must be no sooner than 15 days following the filing of the adopted rule) 

### CERTIFICATION

: AS THE ADOPTINGAUTHORITY (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, CHAPTER25 HAVE BEEN MET . I ALSOAPPROVE THE CONTENTS OF THIS FILING.

Date: Barbara Ripley, Secretari Agency of Natural Resour m (Type name here)ADOPTING PAGE Note: This formmust be filed threetimes during the rulemaking process, viz., with the Proposed Rule Cover Sheet, Final Proposal Cover Sheet, andAdopted Ride 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 ofan existing rule Except for new

rules, please give the name of the existing rule and the daie on which it was last amended or adopted: a) Air Pollution Control Regulations, Section 5-251, "Control of Nitrogen O) ides Emissions" ; amendedAugust 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 sibmit the entire rule in annotated formwith 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 VACas 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 fromthe

### 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 ofthe 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 1he 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 PROTECTIONREGULATIONS 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 RACTcompliance 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) ,