# .VERMONT

VermontDepartment ofEnvironmental Conservation Air Quality & Climate Division Davis 2 1 National Life Drive Montpelier, VT 05620-3802 July 11, 2016

David Conroy BPA- NewEngland, Region 1 5 Post Office·Square #100 Boston, MA 02109 [phone] [fax] 802-828-1288 802-828-1250 Agency of NaturalResources

RE: Withdrawal ofspecific provisions from Vermont's 1993, 2011, and 2014 State Implementation Planrevisions

# DearMr.~, OP\....V

The purpose ofthis 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 BPA, subsequent events and clarifications have made some ofthe 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 In addition, in some cases, provisions contained within earlier submitted revisions have been superseded by a subsequent SIP submittal.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 ofeach provision thatVermont 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 ofthe SIP atthe time ofthe relevant original submittals. Therefore, there is language within the sections or subsections ofthe Vermont Air Pollution Control Regulations (APCR) submitted in 1993, 2011 and 2014 that is not being withdrawn. Inthe attached list, language that is being withdrawn is denoted byunderline, strikethrough, or listt(d as withdrawn in its entirety. As requested by EPA, a Clean AirAct §110(1) analysis is also attached for APCR §§5-251 and 5-252.

Vermont appreciates the time and resources that BPA Region 1 staffhave 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 BPA comments during the rulemaking process. Vermont requests that EPA make every effortto 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. Ifyou have any question regarding this matter, please contact BennetLeon 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 ofEnvironmental Conservation

Enclosures(4)

Topreserve, enhance, restore, andconserve Vermont's natural resources, andprotecthumanhealth, for the benefitof this and.future generations.Attachment 1: List ofprovisions 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 ofthe
source and, ifapplicable, either: (a) The applicable emission standard contained inthese regulations, ifany, 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'grceable"means all limitations Withdraw and conditions which are enforceable bythe U.S. Environmental ProtectionAgency2 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 bytheAgency_ by
means ofstate regulations 2 construction or 012erating ,Qermits 2 administrative orders 2 assurances of discontinuance 2 court orders 2 or contracts. 

### §5-101 "Emission Reduction Credit" or "ERC"means Withdraw the certified guanti:ty ofan emission reduction from a source that may be stored or used as described in Section 

### 5-502. §5-101 "Most StringentEmission Rate CMSER2" a rate Withdraw ofemissions whichthe 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 ofsource 2 unless the source demonstrates it cannot achieve such a rate due to economic im12acts and costs. Costs ofachievement ofMSER will be accorded less weight for sources or modiflcations locating in nonattainment areas than for sources or modifications locating in attainmentareas for the a12121icable air contaminant. In no event shall a1212lication ofMSER result in emissions ofany contaminants in excess ofany federal emission standard or any emission standard contained inthese regulations. Ifthe Secretary__ determines that im12osition ofan emission standard is infeasible 2 a design 2 egui12ment2 work ,Qractice or 012erational standard2 or combinationthereof 2 maybe ,Qrescribed instead as constitutingMSER. 

### §5-101 "Permanent" 2 in reference to emission Withdraw reductions 2 means that the emission reduction is assured for the life ofthe corres12onding emission increase. The ,Qermanence ofthe subjectreduction shall be guaranteed through an enforceable ,Qermit limitation confirming the amount and duration ofthe decrease 2 or other enforceable mechanism (e.g. 2 rzermanently_ dismantlingVermont AirPollution Control Regulations Section Comments (revision underlined) and removing the emissions source, surrenderingthe oermit. etc). §5-101 "Quantiil_able", in reference to emission Withdraw reductions, means thatthe amount, rate and characteristics ofthe 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", inreference to emission reductions, Withdraw
means emission reductions that are voluntarily created by a source and are notreguired by any state or federal laws or regulations orrelated 12ermits, orders or agreements and are notrelied u12on forAgency_ 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 inVermont's 2011 SIP submittal. SIP Narrative WithdrawAttachment 2: List ofprovisions 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 oftime when: (1) the usual source ofpower, heat or lighting is temporarily unavailable due to reasons beyond the reasonable control ofthe owner/operator; (2) the Independent System Operatorhas determined a power capacity deficiency exists and has implemented a voltage reduction offive (5) percent or more ofnormal operating voltage; or (3) a fire or flood make it
necessarv to pumo waterto 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) ofpublic hearings as required inthe Code ofFederal Regulations, CFRTitle 40, Part 51.4. Notice shall be given at least 30 days prior to the date ofsuch 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 equipmentwhich solely bums gaseous fuels, individual units of 10 million BTU per hour rated heat input or greater; (ii) For fuel-burning equipmentwhich bums fuel oil, individual units of3 million BTUperhour rated heat input or greater which aggregate to 10 million BTU per hour or greater; (iii) For fuel-burning equipmentwhich bums anthracite coal, individual units of5 million BTUper hour rated heat input or greater; and
(iv) Any fuel-burning equipment which bums bituminous coal.
(b) Wood fuel burning equipment ofgreater than 90 

### HP. rated output; (c) Stationary reciprocating internal combustion engines using any fuel type and having a rating of450 brake horsepower output or greater-;, except that emergency use engines Engines used for emergency or Comments

Withdraw

Withdraw revision removing definition from the regulations.

Withdrawrevision from consideration due to the fact thatthese subsections were submitted for approval in error. Withdrawrevision, Vermont in the process ofsubmitting a 110(1) analysis to BPA.Vermont AirPollution Control Regulations Section (revisions underlined) stand bypurposes shall not be classified as air contaminant sources for purposes ofSection 5-501 of these regulations, providedthe engine operates for a periodno greater than 200 hours per calendar year. §5-404 (1)-(4) (1) Whenever theAirPollution Control Officer has
reason to believe thatthe emission limits ofthese regulations are being violated by a source, he or she mayrequire the owner or operator ofsaid source to conduct tests to determine the quantity of particulate and/or gaseous matter being emitted, which tests shall include stacktests ifcircumstances so demand. In the event that stacktesting is required, the tests shall be performed in accordance with procedures specified in 40 CFR 60, Appendix A, or other methods approved by theAirPollution 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 methodapproved by theAirPollution Control Officer.
(2) Should theAirPollution Control Officer wish to conduct tests ofhis orher own to determine compliance with the emission limits ofthese regulations, the owner or operator ofthe 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 oftesting.
(3) TheAirPollution 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, ofsource testing required underthis section shall be approved bytheAirPollution Control Officer. Comments

Withdraw revision from consideration due to the fact thatthese subsections were submitted for approval in error.

§5-501(2)- Within 15 days ofhis receipt ofsuch notice, Withdraw the Secretary may require the submission ofA complete application shall contain such plans, specifications, analyses and other information as 

### hethe 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 ofthe impact on any Class I area, including visibility and any other air quality related value specified bythe FederalLandManager, and comments, ifany, from the FederalLandManager.Vermont AirPollution 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 ofany source or modification subjectto this section ifthe source or modification is unable to demonstrate, as required under Paragraph (4), thatthe increase in allowable emissions from it will not significantly contribute to a violation of any applicable ambient air quality standardunless, prior to issuance ofany such effief permit:
(i) The source owner or operator secures legally binding offsetting emission reductions, not otherwise to be utilized as part ofthe State's attainment strategies, of the air contaminant contributing to such a violation from existing sources located in or impacting onthe
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 ofthe source owner located in the State
are in compliance with all applicable rules or are meeting all steps ofany 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 ofa contaminant may only be used to offset emissions ofthe same contaminant. Emission reductions of

particulate matter mayonly be used to offset emissions ofequally or less hazardous forms of particulate matter. Forthe purpose ofoffsetting ozone precursors, emission reductions for nitrogen oxides or 

# voes can be used to offset emissions ofeach other if approved bythe Secretary and EPA on a case-by-case basis; Comments

Withdraw Withdraw

Withdrawrevision from consideration due to the fact that this subsection was submitted for approval in error. This subsection is already in the approved SIP. Withdrawrevision 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 AirPollution 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 tenyears previous to the date ofany application under this section in whichthe reduction is proposedto be used, whichever is more recent; and
(iii) The emissions reductions must be emission reductions credits pursuantto 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 butnever operated, or which have engaged in normal operations for less than one (1) year, may not be used as offsetting emissionreductions.
(v) The emission reductions creating source must be subject to state enforceable permit or contract conditions that the emissionreductions will be provided in accordance

... vith the provisions ofthis section a:nd 'Nill continue for the reas·onably expected life ofthe proposed source. (vi) Ifthe emission reduction is created from the shutdown ofa source not subjectto permits, offset requirements or enforceable production constraints, such that the demand for the services or its product could merely shift to other similar sources inthe state with no decrease in emission state wide, the applicant shall demonstrate that such reductions 'Nill notresult in such a-sh-ift.:
§§5-502(7)

- Emission Reduction Credits for Nitrogen Oxides
(a) The owner or operator ofa source at which a reduction in emissions ofnitrogen oxides or voes has occurred may applyto the Secretary for certification of the reduction as an emission reduction credit (ERC). Tenpercent ofall actual emission reductions identified bythe owner or operator for certification will revert to theAgency for its use as it sees fit. Once certified bythe Secretary, anERC maybe usedto offset increased emissions from new or modified sources- or for other purposes. approved bythe Secretary. Comments

WithdrawVermont AirPollution 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 ef8eetiefl: 5 502(6)(d) m:ay shall be certified as ERC's: (i) Emission reductions may be created by**shutdown~ curtailment~**  or over control ofemissions 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 andf§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 notbe 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 13rierte the ffoetive date efthis seetiefl:, afl: ap13lieatiefl: fur eerti:Eieatiefl: shall :Se sU:Smitted :1t11ithifl: H:ifl:e mefl:ths frem the effeetive date efthis seetiefl:. Fer emissiefl: reduetieH:s ereated after the effeeti:v:e date efthis 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 orderto confirm emission reductions claimed in conjunction with an application for ERC certification, the Secretary may require the submission ofproduction, fuel use or other records or emissions testing or the use ofcontinuous emissions monitoring or other appropriate
means ofmeasurement. The same or an equivalent methodofmeasurement shall be used to quantify emissions both before and after the reduction.
(e) Where a reci12rocal trading agreement has been established betweenVermont and another**state~** ERCs generated in Vermont may be used in such other state. 

### §5-502(8)- entire subsection Withdrawrevision from consideration due to the fact thatthis subsection was submitted for approval in error. This subsection is already in the approved SIP.Attachment 3: List ofprovisions to withdraw from Vermont's July 25, 2014 SIP Revision

Vermont AirPollution 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 ofgreater 25 tons per hour, or any portable sand and gravel plant or crushed stone plant with a maximum rated capacity ofgreater than 150 tons per hour.
§5-401(b)

- entire subsection
§5-502(4)(c)

- Prevention ofSignificant Deterioration (PSD) Increment review: The evaluation shall demonstrate that, as ofthe source's or modification's start-up date, the increase in allowable emissions, in conjunction with all other applicable emissions increases
orreductions, will not cause or contribute to any increase in ambient concentrations exceeding the remaining availableprevention of significant deterioration (PSD) increment for the specified air contaminants, as determined by the Secretary. A demonstration under this paragraph is not required ifa source is modified, butthere is no net increase inthe source's allowable emissions ofthe air contaminants specified in Table 2 §5-502(4)(d)

- Sensitive Area review: The evaluation shall demonstrate thatthe increase in allowable emissions will not cause an adverse impact onvisibility,_
or interfere withreasonable progress toward remedying ofexisting man-made visibility impairment, in any sensitive area. Comments

Withdraw revision from consideration due to the fact thatthis subsection was submitted for approval in error. This subsection is not in the SIP. Withdraw revision, Vermont in the process ofsubmitting a 110(1) analysis to EPA.

Withdraw revision, Vermont in the process ofsubmitting a 110(1) analysis to EPA. Withdraw

Withdraw

§5-502(6)(a)

- The Secretary shall not issue a permit Withdraw approving construction ofany source or modification subjectto this section ifthe source or modification is unable to demonstrate, as required under Paragraph ( 4)(_Q), thatthe increase in allowable emissions from it will not significantly contribute to a violation ofany applicable ambient air quality standard in a designated nonattainment area unless, prior to issuance ofany such permit:
(i) The source owner or operator secures legally binding offsetting emission reductions ofsaid air contaminant, not otherwise to be utilized as part ofthe State's attainment strategies, ofthe air eontaminanteelltfilmting te stteh a :r/ielatien from existing sources located in or impacting onthe 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 ofthe source owner located in the State
are in compliance with all applicable**rul~s** or are meeting all steps ofany compliance schedules contained in any administrative orders or court decrees. §5-502(9)

- entire subsection WithdrawAttachment 4: Clean Air Act§110(1) analyses for AirPollution Control Regulation §§5-251 and 5-252

The applicability ofthis 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 inthe SIP as "any furnace, boiler, and/or apparatus, used inthe process ofburning fuel for the primary purpose ofproducing 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 ofwhether the heat transfer fluid is water ornot, would be subject to Vermont's PSD program and be required to install pollution control equipment which meets the definition of"Most StringentEmission Rate" (equivalent or better than EPA's definition ofbest available control technology in 40 CFR 51.166) for S02 and 

### NOx emissions. This case-bycase analysis will result in permitted emission limits belowthe requirements ofSections 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) ofthe Clean Air Act.