Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 031 - AIR POLLUTION CONTROL DIVISION › Chapter 001 - CHAPTER 5 - AIR POLLUTION CONTROL › Section 12 031 001 - CHAPTER 5 - AIR POLLUTION CONTROL

Current through June,
				2024
SUBCHAPTER I
				DEFINITIONS*
* NOTE: All terms defined within these regulations are
				  printed in italics wherever they appear. Terms which are used in all
				  subchapters of the regulations are defined in Section
				  5-101, while supplemental
				  definitions intended for use with a specific section of the regulations are
				  found within that section.
5-101 As
				Used in This Part, All Terms not Defined Herein Shall Have the Meaning Given
				Them in the Act.
"Act" refers to the Air Pollution Control Act,
				  10 V.S.A.
				  §
												551 et seq., as amended.
"Action Level" means a rate of emissions of a hazardous air
				  contaminant as specified in Appendix C or as may be determined under Section
				  5-261(3) of these
				  regulations. Action Levels are used to determine the applicability of Section
				  5-261 to stationary sources and
				  shall be derived in accordance with the method prescribed in Appendix E of
				  these regulations.
"Actual Emissions" means the rate of emissions, as of a
				  particular date, which equals the average rate at which a source actually
				  emitted the contaminant during the preceding two-year period. The Secretary may
				  allow the use of a different time period upon a determination that it is more
				  representative of normal source operation. For any source which has not begun
				  normal operations on the particular date, actual emissions shall equal the
				  allowable emissions of the source on that date.
"Adverse Impact on Visibility" means visibility impairment
				  which, as determined on a case-by-case basis by the Air Pollution Control
				  Officer, interferes with the management, protection, preservation or enjoyment
				  of a person's visual experience when visiting any sensitive area or any Class I
				  Federal area. Any such determination will take into account the geographic
				  extent, intensity, duration, frequency and time of visibility impairment and
				  how these factors correlate with (1) times of visitor use and (2) the frequency
				  and timing of natural conditions that reduce visibility.
"Agency" means the Agency of Natural Resources.
"Air Contaminant" means dust, fumes, mist, smoke, other
				  particulate matter, vapor, gas, odorous substances, or any combination
				  thereof.
"Air Pollution" means the presence in the outdoor atmosphere
				  of one or more air contaminants in such quantities, and duration as is or tends
				  to be injurious to human health or welfare, animal or plant life, or property,
				  or would unreasonably interfere with the enjoyment of life, or property. Such
				  effects may result from direct exposure to air contaminants, from deposition of
				  air contaminants to other environmental media, or from alterations caused by
				  air contaminants to the physical or chemical properties of the
				  atmosphere.
"Air Pollution Control Officer" means the person whose
				  functional responsibility is to direct and coordinate the air pollution control
				  activities and program for the State.
"Air Pollution Control Regulations" means Chapter V of the
				  Vermont Environmental Protection Regulations.
"Air Quality Impact Evaluation" means an analysis of the
				  degree to which emissions from stationary or motor vehicles contribute to air
				  contaminant concentrations in the ambient air. Such analysis shall include air
				  quality modeling or other methods determined by the Secretary to be
				  reliable.
"Allowable Emissions" means the emission rate 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.
"Ambient Air" means that portion of the atmosphere, external
				  to buildings, to which the general public has access.
"Ambient Air Quality Standards" means any standard which
				  establishes the largest allowable concentration of a specific air contaminant
				  in the ambient air space as specified in Subchapter III of these
				  regulations.
"Applicant" means a person who seeks the approval of the
				  Secretary, as required by Section
				  5-501, prior to the construction,
				  installation or modification of a stationary source.
"ASTM" means the American Society for Testing and
				  Materials.
"Attainment Area" (see definition of nonattainment
				  area).
"Brake Horsepower" means the maximum continuous brake
				  horsepower output rating for an engine as specified by the manufacturer.
"Bulk Gasoline Plant" means a gasoline storage and
				  distribution facility with an average daily throughput of 20,000 gallons
				  (76,000 liters) of gasoline or less on a 30-day rolling average.
"Bulk Gasoline Terminal" means a gasoline storage and
				  distribution facility with an average daily throughput of more than 20,000
				  gallons (76,000 liters) of gasoline on a 30-day rolling average.
"C.F.R. " means the Code of Federal Regulations.
"Capture Efficiency" means the weight per unit time of VOC
				  entering a capture system and delivered to a control device divided by the
				  weight per unit time of total VOC generated by a source of VOC, expressed as a
				  percentage.
"Capture System" means all equipment (including, but not
				  limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) that contains,
				  collects, and transports an air contaminant to a control device.
"Class I Federal Area" means any area identified in
				  40 C.F.R.
				  81, Subpart D.
"Coating" means a material applied onto or impregnated into a
				  substrate for protective, decorative, or functional purposes. Such materials
				  include, but are not limited to, paints, varnishes, sealants, adhesives, inks,
				  maskants, and temporary protective coatings.
"Coating Unit" means a series of one or more coating
				  applicators and any associated drying area and/or oven wherein a coating is
				  applied dried and/or cured. A coating unit ends at the point where the coating
				  is dried or cured, or prior to any subsequent application of a different
				  coating. It is not necessary to have an oven or a flashoff area in order to be
				  included in this definition.
"Combustion Contaminants" are air contaminants discharged
				  into the atmosphere from the burning of any kind of material containing carbon
				  in a free or combined state.
"Combustion Efficiency (C.E.)" means a measure of the
				  completeness of combustion, determined by the measurement of the proportion by
				  volume of carbon dioxide (CO 2) and carbon monoxide (CO) in flue gas (on a dry
				  basis) where;
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"Commence Operation" means to begin using, on a full time
				  basis, any equipment in a manner that represents normal operational
				  procedures.
"Control Device" means equipment (such as an incinerator or
				  carbon adsorber) used to reduce, by destruction or removal, the amount of air
				  contaminants in an air stream prior to discharge to the ambient air.
"Crematory " means an incinerator used solely to reduce the
				  volume and weight of human and animal remains, limited amounts of associated
				  surgical wastes including but not limited to disposable sharps, gloves, gowns
				  and dressings, and associated combustible waste containers which have been
				  approved by the Air Pollution Control Officer.
"Distribute or sell" means to distribute, sell, advertise for
				  sale, offer for sale, hold for sale, ship, deliver for shipment, release for
				  shipment, or receive and (having so received) deliver or offer to deliver. This
				  term also includes conditional sales and long-term leases. This term does not
				  include distribution or sale of equipment that is installed outside of the
				  State of Vermont.
"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 makes it necessary to pump water to minimize property
				damage.
"Emission" means a release of air contaminants into the
				  ambient air space.
"Emission Reduction Credit" or "ERC" means the certified
				  quantity of an emission reduction from a source that may be stored or used as
				  described in Section
				  5-502.
"EPA" means the Federal Environmental Protection Agency, the
				  Administrator of the Environmental Protection Agency, or the Administrator's
				  designee.
"Equivalent Method" means any method of sampling and/or
				  analyzing for an air contaminant which has been demonstrated to the Air
				  Pollution Control Officer's satisfaction to have a consistent and
				  quantitatively known relationship to a reference method under specific
				  conditions.
"Federal Land Manager" means the Secretary of the department
				  with authority over a Class I Federal area or his or her representative.
"Federally Enforceable" means all limitations and conditions
				  which are enforceable by the U.S. Environmental Protection Agency, whether
				  contained in federal regulations, a state implementation plan, or construction
				  or operating permits.
"Flashoff Area " means the space between the coating
				  application area and the oven.
"Flue Gas" means air contaminants which enter the ambient air
				  through a flue or stack.
"Forest Land Area" means at least 25 acres of land that is at
				  least 10% stocked with trees of any size.
"Fossil Fuel" means coal, coke, distillate oil, residual oil,
				  and natural gas.
"Fuel" means any form of combustible matter--solid, liquid or
				  gas, including combustible refuse.
"Fuel-Burning Equipment" means any individual furnace,
				  boiler, and/or apparatus used in the process of burning fuel for the primary
				  purpose of producing heat or power.
"Fuel Oil" means a liquid or liquefiable petroleum product
				  either virgin or rerefined which is burned for the generation of heat or power
				  and derived, whether in whole or in part, from crude oil.
"Fugitive Emissions " means air contaminant(s) emitted into
				  the ambient air from points other than a stack. For purposes of determining the
				  applicability of Subchapter V and Subchapter X of the Air Pollution Control
				  Regulations, " fugitive emissions" shall include only those emissions which are
				  reasonably quantifiable.
"Fugitive Particulate Matter" means any particulate matter
				  generated by a process operation which is emitted into the ambient air space
				  from points other than a stack.
"Garbage" -- waste resulting from distribution, preparation
				  and serving of food.
"Gaseous Matter" means any material that exists in the
				  gaseous state at standard conditions.
"Gasoline" means any petroleum distillate having a Reid vapor
				  pressure of four pounds per square inch (27.6 kilopascals) or greater.
"Gasoline Dispensing Facility" means any site where gasoline
				  is transferred from a stationary storage tank to a motor vehicle gasoline tank
				  used to provide fuel to the engine of that motor vehicle.
"Gasoline Tank Truck" means a delivery tank truck with a
				  capacity of 4000 gallons or greater used at bulk gasoline plants, bulk gasoline
				  terminals or gasoline dispensing facilities that is loading or unloading
				  gasoline.
"Greenhouse Gases" means carbon dioxide, methane, nitrous
				  oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
				  chemical or physical substance emitted into the air that the Secretary may
				  reasonably anticipate to cause or contribute to climate change.
"Hazardous Air Contaminant" means an air contaminant which in
				  the judgment of the Secretary, taking into account its quantity, concentration
				  or physical, chemical or infectious characteristics, causes, or contributes to,
				  air pollution which may reasonably be anticipated to result in an increase in
				  mortality or an increase in serious irreversible, or incapacitating reversible
				  illness.
"Hazardous Air Pollutant (HAP)" means any air pollutant
				  listed in or pursuant to Section
				  112(b) of the
				  federal Clean Air Act.
"Hazardous Ambient Air Standard (HAAS)" means the highest
				  acceptable concentration in the ambient air of a hazardous air contaminant as
				  specified in Appendix C or as may be determined under Section
				  5-261(6) of these
				  regulations. All HAAS's shall be derived in accordance with the methods
				  prescribed in Appendix D of these regulations.
"Hazardous Most Stringent Emission Rate (HMSER)" means a rate
				  of emissions, including a visible emissions standard, which the Secretary, on a
				  case-by-case basis, determines is achievable for a stationary source based on
				  the lowest emission rate achieved in practice by such category of source. If a
				  source demonstrates that due to economic impacts and costs, it cannot achieve
				  the lowest emission rate achieved in practice by such source category, HMSER
				  shall be the lowest emission rate which the Secretary determines said source is
				  capable of achieving, HMSER may be achieved through application of pollution
				  control equipment, production processes or techniques, equipment design, work
				  practices, chemical substitution, or innovative pollution control techniques.
				  In no event shall application of HMSER permit a stationary source to emit any
				  contaminants in excess of any Federal emission standard or any emission
				  standard in these regulations.
"Hearing Officer" means an employee or representative of the
				  Agency appointed by the Secretary to hear any or all matters in any case
				  properly before the Secretary under Subchapter VI of these regulations.
"Heat Input" shall be the aggregate heat content of all fuels
				  introduced into any fuel burning equipment. For the purposes of review of the
				  construction or installation of an air contaminant source, the heat input value
				  used shall be the equipment manufacturer's or designer's guaranteed maximum
				  input, whichever is greater.
"Horsepower (H.P.)" is a unit that is equal to 10 square feet
				  of boiler heating surface.
"Implementation Plan for the Protection of Visibility in
				  Vermont" means the plan with that name developed for the purpose of meeting the
				  requirements contained in Section
				  169A of the Clean Air Act
				  (42 U.S.C.
				  7401 et seq.).
"Incinerator" means any structure or furnace in which
				  combustion takes place, the primary purpose of which is the reduction in volume
				  and weight of an unwanted material.
"Leak Free" means no more than
				  3 drops per minute of product is
				  leaked.
"Loading Rack" means an aggregation or combination of
				  gasoline loading equipment arranged so that all loading outlets in the
				  combination can be connected to a tank truck or trailer parked in a specified
				  loading space.
"Major Modification" means any modification of a major
				  stationary source that would result in a significant increase in actual
				  emissions of any air contaminant.
"Major Source of HAPs" means any stationary source that has
				  allowable emissions, in the aggregate, of 10 tons per year or more of any
				  single HAP, 25 tons per year or more of any combination of HAPs, or such lesser
				  quantity that EPA may establish by rule.
"Major Stationary Source" means any stationary source or
				  modification whose allowable emissions of any air contaminant, except for lead
				  and greenhouse gases, are equal to or greater than 50 tons per year. For the
				  air contaminant lead, "major stationary source" means any stationary source or
				  modification whose allowable emissions of lead are equal to or greater than
				  five tons per year. For the air contaminant that is greenhouse gases, "major
				  stationary source" means any stationary source or modification whose allowable
				  emissions of total greenhouse gases are:
(1) On a mass basis, equal to or greater than
				the thresholds in 40 C.F.R.
				§
													51.166(b)(1)(i),
				and
(2) On a carbon dioxide
				equivalent (CO2e) basis, subject to regulation at that stationary source or
				modification.
"Material safety data sheet (MSDS)" means the documentation
				  required for hazardous chemicals by the Occupational Safety and Health
				  Administration (OSHA) Hazard Communication Standard (29 C.F.R. 1910) for a
				  solvent, cleaning material, contact adhesive, coating, or other material that
				  identifies select reportable hazardous ingredients of the material, safety and
				  health considerations, and handling procedures.
"Modification" means any physical change in, or change in the
				  method of operation of, a stationary source which increases the actual emission
				  rate of any air contaminant, regardless of any emission reductions achieved at
				  the source. A physical change or change in the method of operation shall not
				  include:
(a) Routine maintenance,
				repair and replacement; or
(b) An
				increase in the hours of operation or in the production rate, unless such
				change is prohibited under any condition of a permit issued pursuant to these
				Regulations.
"Most Stringent Emission Rate (MSER)" a rate of emissions
				  which the Secretary, on a case-by-case basis, determines is achievable for a
				  source based on the lowest emission rate achieved in practice by such category
				  of source, unless the source demonstrates it cannot achieve such a rate due to
				  economic impacts and costs. Costs of achievement of MSER will be accorded less
				  weight for sources or modifications locating in non-attainment areas than for
				  sources or modifications locating in attainment areas for the applicable air
				  contaminant. In no event shall application 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
				  imposition of an emission standard is infeasible, a design, equipment, work
				  practice or operational standard, or combination thereof, may be prescribed
				  instead as constituting MSER.
"Motor Vehicle" shall include all vehicles propelled or drawn
				  by power other than muscular power, except tractors used entirely for work on
				  the farm, vehicles running only on stationary rails or tracks, motorized
				  highway building equipment, road making appliances or snowmobiles, or
				  implements of husbandry.
"Multiple Chamber Incinerator" means any article, machine,
				  equipment, contrivance, structure, or part of a structure used to dispose of
				  combustible refuse by burning, consisting of three or more refractory lined
				  combustion furnaces in series, physically separated by refractory walls
				  interconnected by gas passage ports or ducts and employing adequate design
				  parameters necessary for maximum combustion of the material to be
				  burned.
"Municipal Waste Combustor Acid Gases (measured as sulfur
				  dioxide and hydrogen chloride)" means all acid gases emitted in the exhaust
				  gases from MWC units including, but not limited to, sulfur dioxide and hydrogen
				  chloride gases.
"Municipal Waste Combustor Metals (measured as particulate
				  matter)" means metals and metal compounds emitted in the exhaust gases from MWC
				  units.
"Municipal Waste Combustor Organics (measured as total tetra-
				  through octa-chlorinated dibenzo-p-dioxins and dibenzofurans)" means organic
				  compounds emitted in the exhaust gases from MWC units and includes total tetra-
				  through octa-chlorinated dibenzo-p-dioxins and dibenzofurans.
"Municipal Solid Waste Landfill Emissions (measured as
				  non-methane organic compounds)" means gas generated by the decomposition of
				  organic waste deposited in an MSW landfill or derived from the evolution of
				  organic compounds in the waste.
"Natural Wood" -- for the purposes of these regulations,
				  natural wood means trees, including logs, boles, trunks, branches, limbs, and
				  stumps, lumber including timber, logs or slabs, especially when dressed for
				  use. This definition shall also include pallets which are used for the shipment
				  of various materials so long as such pallets are not chemically treated with
				  any preservative, paint, or oil. This definition shall not extend to other wood
				  products such as sawdust, plywood, particle board and press board.
"Nonattainment Area" means, for any air contaminant, an area
				  which is shown by monitored data or which is calculated by air quality modeling
				  (or other methods determined by the Secretary to be reliable) to exceed any
				  applicable ambient air quality standard for such contaminant. " Attainment
				  Area" means all other areas, except those areas for which there is not
				  sufficient data to allow classification ("unclassified areas").
"Odor" means that property of gaseous, liquid, or solid
				  materials that elicits a physiologic response by the human sense of
				  smell.
"Opacity" means the degree to which emissions reduce the
				  transmission of light and obscure the view of any object in the
				  background.
"Open Burning" -- the burning of any type of combustible
				  material in the open where the products of combustion are emitted directly into
				  the ambient air space without passing through a stack, chimney, or other
				  enclosure. Burning shall include ignition, permitting or causing ignition and
				  suffering, allowing or maintaining burning.
"Oven" means a chamber which is used to bake, cure,
				  polymerize, and/or dry a coating.
"Overall Emission Reduction Efficiency" means the weight per
				  unit time of VOC removed or destroyed by a control device divided by the weight
				  per unit time of VOC generated by a source, expressed as a percentage. The
				  overall emission reduction efficiency can also be calculated as the product of
				  the capture efficiency and the control device destruction or removal
				  efficiency.
"Owner/operator" means the owner(s), operator(s), lessor(s),
				  lessee(s) and/or supervisor(s) of an air contaminant source and/or a person
				  authorized to represent such person(s).
"Particulate Matter" means any airborne finely divided solid
				  or liquid material with an aerodynamic diameter smaller than one-hundred (100)
				  micrometers.
"PM 10 " means particulate matter with an aerodynamic
				  diameter less than or equal to a nominal ten (10) micrometers as measured by a
				  reference method based on appendix J of 40 C.F.R. Part 50 and designated in
				  accordance with 40 C.F.R. Part 53, or by an equivalent method designated in
				  accordance with 40 C.F.R. Part 53.
"PM 10 Emissions" means finely divided solid or liquid
				  material, with an aerodynamic diameter less than or equal to a nominal ten (10)
				  micrometers emitted to the ambient air as measured by an applicable reference
				  method, or an equivalent or alternative method, specified in 40 C.F.R. Chapter
				  1. Emissions shall include gaseous emissions from a source or activity which
				  condense to form particulate matter at ambient temperatures.
"PM 2.5" means particulate matter with an aerodynamic
				  diameter less than or equal to a nominal two-and-a-half (2.5) micrometers as
				  measured by a reference method based on Appendix L of 40 C.F.R. Part 50 and
				  designated in accordance with 40 C.F.R. Part 53, or by an equivalent method
				  designated in accordance with 40 C.F.R. Part 53.
"PM 2.5 direct emissions" means finely divided solid or
				  liquid material, with an aerodynamic diameter less than or equal to a nominal
				  two-and-a-half (2.5) micrometers emitted to the ambient air as measured by an
				  applicable reference method, or an equivalent or alternative method, specified
				  in 40 C.F.R. Chapter 1. Emissions shall include gaseous emissions from a source
				  or activity which condense to form particulate matter at ambient temperatures.
				  It does not include emissions of other gaseous precursors which may
				  subsequently contribute to formation of secondary PM 2.5 particles through
				  chemical reactions.
"Party" means any person named or admitted as a party under
				  the Act or Subchapter VI of these regulations, or properly seeking and entitled
				  as of right to be admitted as a party thereunder.
"Pathological Waste" -- human and animal remains consisting
				  of carcasses, organs and solid organic waste.
"Pellet fuel" means refined and densified solid wood shaped
				  into small pellets or briquettes that are uniform in size, shape, moisture,
				  density and energy content that have been graded under a licensing agreement
				  with a third-party organization approved by the EPA.
"Permanent", in reference to emission reductions, means that
				  the emission reduction is assured for the life of the corresponding emission
				  increase. The permanence of the subject reduction shall be guaranteed through
				  an enforceable permit limitation confirming the amount and duration of the
				  decrease, or other enforceable mechanism (e.g., permanently dismantling and
				  removing the emissions source, surrendering the permit, etc).
"Person" means an individual, partnership, corporation,
				  association, unincorporated organization, trust or any other legal or
				  commercial entity, including a joint venture or affiliated ownership. The word
				  "person" also means any subdivision, agency, or instrumentality of the State of
				  Vermont, of any other state, of the United States, or of any interstate
				  body.
"Prevention of Significant Deterioration (PSD)" means the
				  protection of the public health and welfare from any actual or potential
				  adverse effect which in the Secretary's judgment may reasonably be anticipated
				  to occur from air pollution which would deteriorate air quality in any portion
				  of the State where existing air quality is better than the ambient air quality
				  standards.
"Process Unit" refers to a unique and/or distinct part of the
				  total process, where raw or partially processed materials undergo a chemical or
				  physical change which generates air contaminants. Within any process unit when
				  any material undergoes a series of operations which are capable of emitting
				  particulate matter and which employ any combination of machines, equipment, or
				  other devices used for processing the material either continuously or in
				  batches, the total process weight for the series of operations shall be the
				  weight of materials introduced to the series as a whole. Any material which is
				  the product of any operation in the series shall not be counted as part of the
				  process weight for any other operation in the series.
"Process Weight" means the total weight of all materials
				  introduced into any process unit which may cause discharge into the ambient air
				  space of particulate matter. Solid fuels charged will be considered as part of
				  the process weight, but liquid and gaseous fuels and combustion air will not.
				  "THE PROCESS WEIGHT PER HOUR" will be derived by dividing the total process
				  weight by the number of hours in a complete operation from beginning of any
				  given process to the completion thereof, excluding any time during which the
				  equipment is idle.
"Quantifiable", in reference to emission 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.).
"Reasonable Progress Toward the Remedying of Existing
				  Man-made Visibility Impairment in a Sensitive Area" means achieving and
				  maintaining a statewide average emission rate of less than or equal to 1.2
				  pounds of sulfur dioxide released per million British thermal units of heat
				  input for the category of sources including all fuel-burning equipment with a
				  rated heat input greater than or equal to 100 million British thermal units per
				  hour, by no later than 1995 as described in the Implementation Plan for the
				  Protection of Visibility in Vermont.
"Reasonably Available Control Technology" means devices,
				  systems, process modifications, or other apparatus or techniques designed to
				  prevent or control emissions that are reasonably available, taking into account
				  the social, environmental and economic impact of such controls, and alternative
				  means of emission control.
"Reciprocating Internal Combustion Engine" means any spark
				  ignited or compression ignited engine in which power, produced by heat and/or
				  pressure in the engine cylinder(s) through the burning of a mixture of air and
				  fuel, is subsequently converted to mechanical work by means of one or more
				  pistons.
"Reconstructed Source" means a source wherein the fixed
				  capital cost of the new components exceeds 50 percent of the fixed capital cost
				  of a comparable entirely new source. A reconstructed source will be treated as
				  a new source for the purposes of these regulations.
"Refuse" -- garbage, rubbish, and mixed municipal
				  wastes.
"Reid Vapor Pressure" means the absolute vapor pressure of a
				  liquid or solid petroleum product at 100 [ o ]F (37.8 [o ]C) in pounds per
				  square inch (kilopascals).
"Rerefined Oil" means any waste oil which has been processed
				  in such a manner as to make it substantially equivalent, in the judgment of the
				  Air Pollution Control Officer, to virgin oil with regard to the emissions
				  caused when it is used as a fuel.
"Respondent" means any adverse party in a case or enforcement
				  action under these regulations.
"Ringelmann Chart" -- the chart published and described in
				  U.S. Bureau of Mines Information Circular 8333 (May 1967) and on which are
				  illustrated graduated shades of grey for use in estimating the light obscuring
				  capacity of smoke.
"Rubbish" -- solids or liquids not considered to be highly
				  flammable or explosive, such as, but not limited to, paper, rags, ashes,
				  leaves, tree branches, yard trimmings, furniture, tin cans, glass, crockery,
				  demolition wastes, junk automobiles, tires, automotive parts and other similar
				  materials.
"Schedule of compliance" means a schedule of remedial
				  measures, including an enforceable sequence of actions or operations, leading
				  to timely compliance with applicable requirements related to the control of air
				  contaminant emissions or the prevention or control of air pollution.
"Secretary" means the Secretary of the Agency of Natural
				  Resources or such person as the Secretary may designate.
"Sensitive Area" means for the purpose of these regulations,
				  any portion of the area comprising Lye Brook Wilderness Area and all other
				  terrain in Vermont at or above the elevation of 2500 feet above mean sea
				  level.
"Significant" means, in reference to a modification's
				  increase in actual emissions or a source's allowable emissions of any of the
				  following air contaminants, a rate of emissions that would equal or exceed any
				  of the following rates:
Air Contaminant
Tons
Per
								Year
Carbon monoxide
50
Nitrogen oxides
40
Sulfur dioxide
40
Particulate matter
								emissions
25
PM10
								emissions
15
PM2.5
1
PM2.5 direct
								emissions
10
Sulfur dioxide
40
Nitrogen oxides
40
Volatile organic
								compounds(VOC)
40
Lead
0.6
Fluorides
3
Sulfuric acid mist
7
Hydrogen sulfide
								(H2S)
10
Total reduced sulfur (including
								H2S)
10
Reduced sulfur compounds (including
								H2S)
10
Ozone2
Volatile organic compounds
								(VOC)
40
Nitrogen oxides
40
Municipal waste combustor organics
								(measured as total tetra-through octa- chlorinated dibenzo-p-dioxins and
								dibenzofurans)
3.5 ×
								10-6
Municipal waste combustor metals (measured
								as particulate matter)
15
Municipal waste combustor acid gases
								(measured as sulfur dioxide and hydrogen chloride)
40
Municipal solid waste landfill emissions
								(measured as non-methane organic compounds)
50
Greenhouse
								gases
3
See footnote
1 For
								PM2.5, significant means either 10 tons per year or more
								of direct PM2.5 emissions, 40 tons per year or more of
								sulfur dioxide emissions or 40 tons per year or more of nitrogen oxides
								emissions.
2 For Ozone, significant
								means either 40 tons per year or more of nitrogen oxide emissions, or 40 tons
								per year or more of VOC emissions.
3 For
greenhouse
								gases,
"significant" means a rate of emissions for total
greenhouse gases,
on a carbon dioxide equivalent
								(CO2e) basis, that (1) is subject to regulation at that
								source or
modification,
and (2) would equal or exceed the
								significance level established by EPA.
"Smoke" means the visible aerosol, resulting from incomplete
				  combustion, which contains fly ash and/or other combustion contaminants,
				  excluding condensed water vapor.
"Stack" means any chimney, flue, conduit, or duct arranged to
				  conduct emissions to the ambient air.
"Standard Conditions" means a temperature of 20 [o ]C (68 [ o
				  ]F) and a pressure of 760 mm (29.92 inches) of Hg.
"Stationary Reciprocating Internal Combustion Engine" means a
				  reciprocating internal combustion engine that remains at a stationary source
				  for more than twelve consecutive months or a shorter period of time for a
				  reciprocating internal combustion engine located at a seasonal source. A
				  reciprocating internal combustion engine located at a seasonal source is an
				  engine that remains or will remain at a seasonal source during the full annual
				  operating period of the seasonal source. A seasonal source is a stationary
				  source that remains or will remain at a single location on a permanent basis
				  (i.e., at least two years) and that operates at the location for three months
				  or more each year.
"Stationary Source" means any structure(s), building(s),
				  facility(ies), equipment, installation(s), or operation(s) (or combination
				  thereof) which emits or may emit any air contaminant, which is located on one
				  or more contiguous or adjacent properties and which is owned or operated by the
				  same person (or persons under common control). The phrase "emits or may emit
				  any air contaminant" as used in this definition applies to both fugitive
				  emissions and stack emissions.
"Stationary Source Hazardous Air Impact Standard" means a
				  concentration in the ambient air of a hazardous air contaminant attributable to
				  the air quality impacts of a stationary source, in conjunction with the air
				  quality impacts from other stationary sources as determined in accordance with
				  the Agency's air quality impact evaluation guidelines (revised November 20,
				  1992). Stationary source hazardous impact standards are specified in Appendix C
				  or may be determined under Section
				  5-261(6) of these
				  regulations.
"Subject To Regulation" means subject to regulation as
				  defined by EPA at 40 C.F.R.
				  §
												51.166(48)(b) and any
				  references therein to "major stationary source" shall be interpreted as defined
				  in 40 C.F.R. §
												51.166(b)(1)(i) rather than
				  as defined in this Section
				  5-101 of these regulations.
"Submerged Fill" means the method of filling a gasoline tank
				  truck or storage tank in which gasoline enters within six inches of the bottom
				  of the tank. Bottom filling of gasoline tank trucks and storage tanks is
				  included in this definition.
"Surplus", in reference to emission reductions, means
				  emission reductions that are voluntarily created by a source and are not
				  required by any state or federal laws or regulations or related permits, orders
				  or agreements and are not relied upon for Agency planning purposes.
"Ton" means "short ton" or 2000 pounds.
"Total Suspended Particulate (TSP)" means particulate matter
				  as measured by the reference method specified in Title 40 C.F.R. Part 50,
				  Appendix B.
"True Vapor Pressure" means the absolute pressure in pounds
				  per square inch (kilopascals) of a pure vapor in equilibrium with its pure
				  liquid or solid form at a given temperature.
"Used Oil" means any petroleum product that has been refined
				  from crude oil (in whole or in part), or any synthetic oil, that has been used
				  and unrefined, or is unfit for its intended use as a result of contamination by
				  physical or chemical impurities. Used oil is a free-flowing liquid at standard
				  temperature and pressure and has a flash point of greater than 100 degrees (F).
				  Used oil includes oils used as lubricants, heat transfer fluids, hydraulic
				  fluids, and for other similar uses, but does not include materials derived from
				  crude or synthetic oils that are fuels (e.g. gasoline, jet fuel and diesel
				  fuel), cleaning agents or solvents (e.g. naptha or mineral spirits). These
				  materials are subject to regulation under the Hazardous Waste Management
				  Regulations Subchapters 1 through 7, as applicable.
"Vapor Balance System" means a combination of pipes or hoses
				  which create a closed system between the vapor spaces of an unloading tank and
				  a receiving tank such that vapors displaced from the receiving tank are
				  transferred to the tank being unloaded, or an equivalent system that has been
				  approved by the Air Pollution Control Officer and EPA.
"Vapor Collection System" means all piping, seals, hoses,
				  connections, pressure vacuum vents and other equipment between the gasoline
				  tank truck and the vapor processing unit and/or the storage tanks and vapor
				  holder.
"Vapor Control System" means a system that limits or prevents
				  release to the atmosphere of organic compounds in the vapors displaced from a
				  tank during the transfer of gasoline.
"Vapor Recovery System" means a vapor gathering system
				  capable of collecting volatile organic compound vapors and gases emitted during
				  the operation of any transfer, storage or process equipment.
"Vapor-Tight" means equipment that allows no loss of vapors.
				  Compliance with vapor-tight requirements can be determined by checking to
				  ensure that the concentration at a potential leak source is not equal to or
				  greater than 100 percent of the lower explosive limit (LEL) when measured with
				  a combustible gas detector, calibrated with propane, at a distance of 1 inch
				  (2.54 cm) from the source.
"Vapor-Tight Gasoline Tank Truck" means a gasoline tank truck
				  with a product delivery tank that sustains a pressure change of not more than
				  3.0 inches (75 mm) of water within 5 minutes after it is pressurized to 18
				  inches (450 mm) of water; or when evacuated to 5.9 inches (150 mm) of water,
				  the same tank will sustain a pressure change of not more than 3.0 inches (75
				  mm) of water within 5 minutes. This capacity shall be demonstrated by annual
				  testing using the procedures specified in Method 27 of 40 C.F.R. Part 60,
				  Appendix A.
"Visibility Impairment" means any humanly perceptible change
				  in visual range, contrast, or coloration from that which would have existed
				  under natural visibility conditions.
"Volatile Organic Compound (VOC)" means any organic compound
				  (i.e., chemical compound of carbon) that participates in atmospheric
				  photochemical reactions. This includes any organic compound other than those
				  determined by the Administrator of the U.S. Environmental Protection Agency to
				  have no or negligible photochemical reactivity.
"Wood Fuel Burning Equipment" means any individual furnace,
				  boiler, stove and/or apparatus used in the process of burning wood fuel for the
				  primary purpose of producing heat or power.
"Wood Fuel" for the purposes of these regulations means
				  natural wood, as well as, sawdust or other wood waste generated by wood
				  processing operations.