.VERMONT 

Vermont Department of Environmental Conservation 

Air Quality & Climate Division 

Davis 2 

1 National Life Drive 

Montpelier, VT 05620-3802 

July 11, 2016 

David Conroy 

BP A- New England, Region 1 

5 Post Office· Square # 100 

Boston, MA 02109 

[phone] 

[fax] 

802-828-1288 

802-828-1250 

Agency of Natural Resources 

RE: Withdrawal of specific provisions from Vermont's 1993, 2011, and 2014 State Implementation Plan revisions 

DearMr.~, OP\....V 

The purpose of this letter is to withdraw certain specific provisions contained in revisions to Vermont's State 

Implementation Plan (SIP) for the 1993, 2011 and 2014 submittals. While the specific provisions at issue were never 

approved by BP A, subsequent events and clarifications have made some of the original provisions contained within the 

three submittals ripe for withdrawal. In addition, in some cases, provisions contained within earlier submitted revisions 

have been superseded by a subsequent SIP submittal. 

Enclosed is a list of each provision that Vermont is withdrawing from its 1993, 2011 and 2014 SIP submittals. Please 

note that the language Verniont is withdrawing does not include any regulatory language that has already been approved 

into the SIP by BP A. The withdrawals also do not include any regulatory language that Vermont did not seek approval 

for as part of the SIP at the time of the relevant original submittals. Therefore, there is language within the sections or 

subsections of the Vermont Air Pollution Control Regulations (APCR) submitted in 1993, 2011 and 2014 that is not 

being withdrawn. In the attached list, language that is being withdrawn is denoted by underline, strikethrough, or listt(d as 

withdrawn in its entirety. As requested by EPA, a Clean Air Act § 110(1) analysis is also attached for APCR §§5-251 and 

5-252. 

Vermont appreciates the time and resources that BP A Region 1 staff have dedicated to working with the Air Quality and 

Climate Division to clarify SIP requirements and the SIP process. We have noted throughout this process that many of 

the issues leading to the need to withdraw proposed SIP revisions were not addressed in BP A comments during the 

rulemaking process. Vermont requests that EPA make every effort to address the issues, that would otherwise result in a 

withdrawal, during the informal and formal comment periods that Vermont conducts in connection with its rulemaking 

and SIP revision procedures. If you have any question regarding this matter, please contact Bennet Leon at 

bennet.leon@vermont.gov or (802)249-4221. 

Sincerely, 

i/ I." ii 1l jU\llV\ -~ 

Heidi Hales 

Director, Air Quality and Climate Division 

Vermont Department of Environmental Conservation 

Enclosures( 4) 

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

Attachment 1: List of provisions being withdrawn from Vermont's August 9, 1993 SIP Revision 

Vermont Air Pollution Control Regulations Section Comments 

(revision underlined) 

§ 5-101 "Allowable Emissions" means the emission rate Withdraw 

calculated using the maximum rated capacity of the 

source and, if applicable, either: 

(a) The applicable emission standard contained in these 

regulations, if any, or 

(b) The emission rate or design, operational or 

equipment standard specified in any order or agreement 

issued under these regulations that is state and federally 

enforceable. 

§ 5-101 "Federally_ Enf'grceab le" means all limitations Withdraw 

and conditions which are enforceable by the U.S. 

Environmental Protection Agency2 whether contained in 

federal regulations 2 a state im12lementation ,Qlan2 or 

construction or 012erating ,Qermits. 

§ 5-101 "State Enf'grceable" means all limitations and Withdraw 

conditions which are enforceable by the Agency_ by 

means of state regulations 2 construction or 012erating 

,Qermits 2 administrative orders 2 assurances of 

discontinuance 2 court orders2 or contracts. 

§5-101 "Emission Reduction Credit" or "ERC"means Withdraw 

the certified guanti:ty of an emission reduction from a 

source that may be stored or used as described in 

Section 5-502. 

§ 5-101 "Most Stringent Emission Rate CMSER2" a rate Withdraw 

of emissions which the Secretary__2 on a case-by-case 

basis 2 determines is achievable for a source based on the 

lowest emission rate achieved in ,Qractice by such 

category of source 2 unless the source demonstrates it 

cannot achieve such a rate due to economic im12acts and 

costs. Costs of achievement of MSER will be accorded 

less weight for sources or modiflcations locating in nonattainment areas than for sources or modifications 

locating in attainment areas for the a12121icable air 

contaminant. In no event shall a1212lication of MSER 

result in emissions of any contaminants in excess of any 

federal emission standard or any emission standard 

contained in these regulations. If the Secretary__ 

determines that im12osition of an emission standard is 

infeasible 2 a design2 egui12ment2 work ,Qractice or 

012erational standard2 or combination thereof2 may be 

,Qrescribed instead as constituting MSER. 

§5-101 "Permanent"2 in reference to emission Withdraw 

reductions 2 means that the emission reduction is assured 

for the life of the corres12onding emission increase. The 

,Qermanence of the subject reduction shall be guaranteed 

through an enforceable ,Qermit limitation confirming the 

amount and duration of the decrease 2 or other 

enforceable mechanism (e.g. 2 rzermanently_ dismantling 
Vermont Air Pollution Control Regulations Section Comments 

(revision underlined) 

and removing the emissions source, surrendering the 

oermit. etc). 

§5-101 "Quantiil_able", in reference to emission Withdraw 

reductions, means that the amount, rate and 

characteristics of the emission reduction can be 

determined through an accurate and reliable method 

(e.g., through emissions tests, continuous emissions 

monitoring, material balance, etC.}. 

§5-101 "SurQlus", in reference to emission reductions, Withdraw 

means emission reductions that are voluntarily created 

by a source and are not reguired by any state or federal 

laws or regulations or related 12ermits, orders or 

agreements and are not relied u12on for Agency_ 12lanning 

12uruoses. 

§5-502 (3)- Entire subsection Withdraw. This section was approved by 

EPA in 1997. 

§5-502 (6)- Entire subsection Withdraw. This entire section was 

resubmitted in Vermont's 2011 SIP 

submittal. 

§5-502 (7)- Entire subsection Withdraw. This entire section was 

resubmitted in Vermont's 2011 SIP 

submittal. 

SIP Narrative Withdraw 
Attachment 2: List of provisions to withdraw from Vermont's February 14, 2011 SIP Revision 

Vermont Air Pollution Control Regulations Section 

(revisions underlined) 

§5-101 "Emergency Use Engine" means an engine used 

only for emergency purposes and up to 100 hours per 

year for routine testing and maintenance. Emergency 

purposes are limited to periods of time when: (1) the 

usual source of power, heat or lighting is temporarily 

unavailable due to reasons beyond the reasonable 

control of the owner/operator; (2) the Independent 

System Operator has determined a power capacity 

deficiency exists and has implemented a voltage 

reduction of five (5) percent or more of normal 

operating voltage; or (3) a fire or flood make it 

necessarv to pumo water to minimize prooertv damaf!e. 

§5-101 "Public Notice" notice given to the public by 

prominent advertisement in the State announcing the 

date(s), time(s), and place(s) of public hearings as 

required in the Code of Federal Regulations, CFR Title 

40, Part 51.4. Notice shall be given at least 30 days prior 

to the date of such hearings. 

§5-401, subsections (1), (3)- (5), (7)- (17) 

§5-401 (6)-Fuel burning installations: 

(a) Fossil fuel burning equipment as specified 

below: 

(i) For fuel-burning equipment which solely bums 

gaseous fuels, individual units of 10 million BTU per 

hour rated heat input or greater; 

(ii) For fuel-burning equipment which bums fuel 

oil, individual units of 3 million BTU per hour rated 

heat input or greater which aggregate to 10 million BTU 

per hour or greater; 

(iii) For fuel-burning equipment which bums 

anthracite coal, individual units of 5 million BTU per 

hour rated heat input or greater; and 

(iv) Any fuel-burning equipment which bums 

bituminous coal. 

(b) Wood fuel burning equipment of greater than 90 

HP. rated output; 

( c) Stationary reciprocating internal combustion 

engines using any fuel type and having a rating of 450 

brake horsepower output or greater-;, except that 

emergency use engines Engines used for emergency or 

Comments 

Withdraw 

Withdraw revision removing definition 

from the regulations. 

Withdraw revision from consideration due 

to the fact that these subsections were 

submitted for approval in error. 

Withdraw revision, Vermont in the process 

of submitting a 110(1) analysis to BP A. 
Vermont Air Pollution Control Regulations Section 

(revisions underlined) 

stand by purposes shall not be classified as air 

contaminant sources for purposes of Section 5-501 of 

these regulations, provided the engine operates for a 

period no greater than 200 hours per calendar year. 

§5-404 (1)-(4) 

( 1) Whenever the Air Pollution Control Officer has 

reason to believe that the emission limits of these 

regulations are being violated by a source, he or she 

may require the owner or operator of said source to 

conduct tests to determine the quantity of particulate 

and/or gaseous matter being emitted, which tests shall 

include stack tests if circumstances so demand. In the 

event that stack testing is required, the tests shall be 

performed in accordance with procedures specified in 

40 CFR 60, Appendix A, or other methods approved by 

the Air Pollution Control Officer. Testing to determine 

the quantity of particulate matter emissions from 

cyclones shall be performed by using the high volume 

sampling method, or an equivalent method approved by 

the Air Pollution Control Officer. 

(2) Should the Air Pollution Control Officer wish to 

conduct tests of his or her own to determine compliance 

with the emission limits of these regulations, the owner 

or operator of the source to be tested shall provide at no 

expense to the state ofVermont, reasonable and 

necessary openings in stacks, vents and ducts, along 

with safe and easy access thereto, including a suitable 

power source to the point of testing. 

(3) The Air Pollution Control Officer shall be 

supplied with such data as he or she may require to 

establish test conditions. 

( 4) The method, or any conditions associated with 

the method, of source testing required under this section 

shall be approved by the Air Pollution Control Officer. 

Comments 

Withdraw revision from consideration due 

to the fact that these subsections were 

submitted for approval in error. 

§5-501(2)- Within 15 days of his receipt of such notice, Withdraw 

the Secretary may require the submission of A complete 

application shall contain such plans, specifications, 

analyses and other information as he the Secretary 

deems necessary in order to determine whether the 

proposed construction, installation or modification will 

comply with these regulations and Vermont statutes at 

Title 10, chapter 23. Other information may include 

analyses of the impact on any Class I area, including 

visibility and any other air quality related value 

specified by the Federal Land Manager, and comments, 

if any, from the Federal Land Manager. 
Vermont Air Pollution Control Regulations Section 

(revisions underlined) 

§5-501(3)- entire subsection 

§5-501(7)(a), (7)(b), (7)(d), (7)(e), (7)(f), (7)(g) - entire 

subsections 

§5-502(3) entire subsection 

§5-502(1),(4)(c), (4)(d) and (5)- entire subsections 

§5-502(6)(a) - (a) The Secretary shall not issue an 

effief a permit approving construction of any source or 

modification subject to this section ifthe source or 

modification is unable to demonstrate, as required under 

Paragraph ( 4), that the increase in allowable emissions 

from it will not significantly contribute to a violation of 

any applicable ambient air quality standard unless, prior 

to issuance of any such effief permit: 

(i) The source owner or operator secures legally 

binding offsetting emission reductions, not otherwise to 

be utilized as part of the State's attainment strategies, of 

the air contaminant contributing to such a violation 

from existing sources located in or impacting on the 

same area (whether or not under the same ownership) 

such as to provide a net emission reduction acceptable to 

the Secretary, and 

(ii) The source owner or operator certifies that all 

existing sources of the source owner located in the State 

are in compliance with all applicable rules or are 

meeting all steps of any compliance schedules contained 

in any administrative orders or court d,ecrees. 

§5-502(6)(c) - Only emission reductions that meet the 

following criteria shall be eligible for use as offsetting 

emission reductions under Section 5-502(6): 

(i) Except for ozone precursors, emission 

reductions of a contaminant may only be used to offset 

emissions of the same contaminant. Emission reductions 

of particulate matter may only be used to offset 

emissions of equally or less hazardous forms of 

particulate matter. For the purpose of offsetting ozone 

precursors, emission reductions for nitrogen oxides or 

voes can be used to offset emissions of each other if 

approved by the Secretary and EPA on a case-by-case 

basis; 

Comments 

Withdraw 

Withdraw 

Withdraw revision from consideration due 

to the fact that this subsection was 

submitted for approval in error. This 

subsection is already in the approved SIP. 

Withdraw revision from consideration due 

to the fact that these subsections were 

submitted for approval in error. These 

subsections are already in the approved SIP. 

Withdraw 

Withdraw, 
Vermont Air Pollution Control Regulations Section 

(revisions underlined) 

(ii) Emission reductions shall be real, surplus, 

quantifiable, permanent, and state and federally 

enforceable. 

(iii) Emission reductions must have occurred after 

January 1, 1990, or within five ten years previous to the 

date of any application under this section in which the 

reduction is proposed to be used, whichever is more 

recent; and 

(iii) The emissions reductions must be emission 

reductions credits pursuant to subsection 5-502(7) or 

ERCs generated· in another state where a reciprocal 

trading agreement has been established between 

Vermont and such other state. 

(iv) Emission from sources which have been issu~d 

permits but never operated, or which have engaged in 

normal operations for less than one (1) year, may not be 

used as offsetting emission reductions. 

(v) The emission reductions creating source must be 

subject to state enforceable permit or contract conditions 

that the emission reductions will be provided in 

accordance ... vith the provisions of this section a:nd 'Nill 

continue for the reas·onably expected life of the 

proposed source. 

(vi) If the emission reduction is created from the 

shutdown of a source not subject to permits, offset 

requirements or enforceable production constraints, such 

that the demand for the services or its product could 

merely shift to other similar sources in the state with no 

decrease in emission state wide, the applicant shall 

demonstrate that such reductions 'Nill not result in such 

a-sh-ift.: 

§§5-502(7) - Emission Reduction Credits for Nitrogen 

Oxides 

(a) The owner or operator of a source at which a 

reduction in emissions of nitrogen oxides or voes has 

occurred may apply to the Secretary for certification of 

the reduction as an emission reduction credit (ERC). 

Ten percent of all actual emission reductions identified 

by the owner or operator for certification will revert to 

the Agency for its use as it sees fit. Once certified by the 

Secretary, an ERC may be used to offset increased 

emissions from new or modified sources- or for other 

purposes. approved by the Secretary. 

Comments 

Withdraw 
Vermont Air Pollution Control Regulations Section Comments 

(revisions underlined) 

(b) Only emission reductions that meet the 

following eligibility criteria s13eeiaeE.i iH: £eetiefl: 5 

502(6)(e) and the requiremems ef 8eetiefl: 5 502(6)(d) 

m:ay shall be certified as ERC's: 

(i) Emission reductions may be created by 

shutdown~ curtailment~ or over control of emissions 

beyond an a1212licable limit~ or any other reduction 

method acce12table to the Secretary. 

(ii) Emission reductions shall be real~ sur{2_lus~ 

g_uantiil.able~ 72ermanent~ and state and f§derally_ 

enforceable. 

(iii) Emissions from sources which have been issued 

12ermits but never 012erated~ or which have engaged in 

normal 012erations for less than one (1) year~ shall not be 

used as offsetting emission reductions. 

(iv) Emission reductions may be certified as ERC's 

only after the reductions have actually occurred. 

(c) Fer emissiefl: reduetiefl:s ereate 13rier te the 

ffoetive date efthis seetiefl:, afl: ap13lieatiefl: fur 

eerti:Eieatiefl: shall :Se sU:Smitted :1t11ithifl: H:ifl:e mefl:ths frem 

the effeetive date ef this seetiefl:. Fer emissiefl: 

reduetieH:s ereated after the effeeti:v:e date ef this seetiefl:, 

An application for certification shall be submitted 

within 18 months after the emission reduction occurs. 

(d) emissien reduetiens may :Se eertified as BR:Gs eH:l:y 

after the reduetieH:s have aetually eeeurred. 

(de) In order to confirm emission reductions claimed 

in conjunction with an application for ERC certification, 

the Secretary may require the submission of production, 

fuel use or other records or emissions testing or the use 

of continuous emissions monitoring or other appropriate 

means of measurement. The same or an equivalent 

method of measurement shall be used to quantify 

emissions both before and after the reduction. 

(e) Where a reci12rocal trading agreement has been 

established between Vermont and another state~ ERCs 

generated in Vermont may be used in such other state. 

§5-502(8)- entire subsection Withdraw revision from consideration due 

to the fact that this subsection was 

submitted for approval in error. This 

subsection is already in the approved SIP. 
Attachment 3: List of provisions to withdraw from Vermont's July 25, 2014 SIP Revision 

Vermont Air Pollution Control Regulations Section 

(revisions underlined) 

§5-271(d)(l)- entire subsection 

§5-40l(a)(5) - Mineral product industries, including 

mining, quarrying and crushing operations comprised of 

any fixed sand and gravel plant or crushed stone plant 

with a maximum rated capacity of greater 25 tons per 

hour, or any portable sand and gravel plant or crushed 

stone plant with a maximum rated capacity of greater 

than 150 tons per hour. 

§ 5-401 (b) - entire subsection 

§5-502( 4)( c) - Prevention of Significant Deterioration 

(PSD) Increment review: The evaluation shall 

demonstrate that, as of the source's or modification's 

start-up date, the increase in allowable emissions, in 

conjunction with all other applicable emissions increases 

or reductions, will not cause or contribute to any 

increase in ambient concentrations exceeding the 

remaining available prevention of significant 

deterioration (PSD) increment for the specified air 

contaminants, as determined by the Secretary. A 

demonstration under this paragraph is not required if a 

source is modified, but there is no net increase in the 

source's allowable emissions of the air contaminants 

specified in Table 2 

§5-502(4)(d) - Sensitive Area review: The evaluation 

shall demonstrate that the increase in allowable 

emissions will not cause an adverse impact on visibility,_ 

or interfere with reasonable progress toward remedying 

of existing man-made visibility impairment, in any 

sensitive area. 

Comments 

Withdraw revision from consideration due 

to the fact that this subsection was 

submitted for approval in error. This 

subsection is not in the SIP. 

Withdraw revision, Vermont in the process 

of submitting a 110(1) analysis to EPA. 

Withdraw revision, Vermont in the process 

of submitting a 110(1) analysis to EPA. 

Withdraw 

Withdraw 

§5-502(6)(a) - The Secretary shall not issue a permit Withdraw 

approving construction of any source or modification 

subject to this section if the source or modification is 

unable to demonstrate, as required under Paragraph 

( 4 )(_Q), that the increase in allowable emissions from it 

will not significantly contribute to a violation of any 

applicable ambient air quality standard in a designated 

nonattainment area unless, prior to issuance of any such 

permit: 

(i) The source owner or operator secures legally 

binding offsetting emission reductions of said air 

contaminant, not otherwise to be utilized as part of the 

State's attainment strategies, of the air eontaminant 
eelltfilmting te stteh a :r/ielatien from existing sources 

located in or impacting on the same area (whether or not 

under the same ownership) such as to provide a net 

emission reduction acceptable to the Secretary, and 

(ii) The source owner or operator certifies that all 

existing sources of the source owner located in the State 

are in compliance with all applicable rul~s or are 

meeting all steps of any compliance schedules contained 

in any administrative orders or court decrees. 

§5-502(9) - entire subsection Withdraw 
Attachment 4: Clean Air Act§ 110(1) analyses for Air Pollution Control Regulation §§5-251 and 5-252 

The applicability of this section was changed from "fuel burning equipment with a heat input capacity of250 MMBtu/hr 

or more" to "steam generating fuel burning equipment with a heat input capacity of250 MMBtu/hr or more." The term 

"Fuel burning equipment" is defined in the SIP as "any furnace, boiler, and/or apparatus, used in the process of burning 

fuel for the primary purpose of producing heat or power." This definition would include process heaters that use a fluid 

other than water. Vermont does not have any fuel burning equipment above 250 MMBtu/hr that is not using water as the 

heat transfer fluid. In addition, any new fuel burning equipment with a heat input capacity of250 MMBtu/hr or more, 

regardless of whether the heat transfer fluid is water or not, would be subject to Vermont's PSD program and be required 

to install pollution control equipment which meets the definition of "Most Stringent Emission Rate" (equivalent or better 

than EPA's definition of best available control technology in 40 CFR 51.166) for S02 and NOx emissions. This case-bycase analysis will result in permitted emission limits below the requirements of Sections 5-251(1) and 5-252. Therefore, 

Vermont has determined the revisions made to sections 5-251 and 5-252 conform with Section 110(1) of the Clean Air 

Act.