Collapse to view only § 52.2378 - Certification of no facilities.
- § 52.2370 - Identification of plan.
- § 52.2371 - Classification of regions.
- § 52.2372 - Approval status.
- § 52.2373 - [Reserved]
- § 52.2374 - General requirements.
- § 52.2375 - Attainment dates for national standards.
- § 52.2376 - Identification of plan-conditional approvals.
- § 52.2377 - Review of new sources and modifications.
- § 52.2378 - Certification of no facilities.
- § 52.2379 - [Reserved]
- § 52.2380 - Significant deterioration of air quality.
- § 52.2381 - EPA-approved Vermont State regulations.
- § 52.2382 - Rules and regulations.
- § 52.2383 - Visibility protection.
- § 52.2384 - Stack height review.
- § 52.2385 - Requirements for state implementation plan revisions relating to new motor vehicles.
- § 52.2386 - Original identification of plan section.
§ 52.2370 - Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State Implementation Plan for Vermont under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to February10, 2006, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the
(2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of February 10, 2006.
(3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at 5 Post Office Square—Suite 100, Boston, MA 02109-3912; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), Room B-108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA-Approved Vermont Regulations
State citation | Title/subject | State
effective date | EPA approval date | Explanations | Section 5-101 | Definitions | 12/15/16 | 3/19/18, 83 FR 11885 | Approving revisions made to definition for “significant” to include emissions of ozone precursors. | Section 5-201 | Open burning prohibited | 07/22/98 | 4/22/98, 63 FR 19825 | Section 5-202 | Permissible open burning | 1/25/78 | 12/21/78, 43 FR 59496 | Section 5-203 | Procedures for local authorities to burn natural wood | 1/25/78 | 12/21/78, 43 FR 59496 | Section 5-211 | Prohibition of visible air contaminants | 8/12/78 | 4/16/82, 47 FR 16331 | Except Section 5-211(3). | Section 5-221 | Prohibition of potentially polluting materials in fuel | 10/14/2011 | 5/22/2012, 77 FR 30212 | Approve revised Section 5-221(1). | Section 5-231 | Prohibition of particular matter | 12/15/16 | 3/19/18, 83 FR 11885 | Approving revisions to prohibit a process and other specified operations without taking reasonable precautions to prevent particulate matter from becoming airborne, and updating terminology for consistency with industry practice. | Section 5-241 | Prohibition of nuisance and odor | 1/25/78 | 12/21/78, 43 FR 59496 | Section 5-251 | Control of nitrogen oxides emissions | 2/8/2011 | 8/1/2016, 81 FR 50347 | Revised the applicability section. | Section 5-252 | Control of sulfur dioxide emissions | 2/8/2011 | 8/1/2016, 81 FR 50347 | Revised the applicability section. | Section 5-253.2 | Bulk Gasoline Terminals | 12/29/14 | 4/20/16, 81 FR 23167 | Section 5-253.3 | Bulk Gasoline Plants | 12/29/14 | 4/20/16, 81 FR 23167 | Section 5-253.4 | Gasoline tank trucks | 10/29/92 | 4/22/98, 63 FR 19825 | Section 5-253.5 | Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities | 12/29/14 | 4/20/16, 81 FR 23167 | Section 5-253.8 | Industrial Adhesives | 9/15/2018 | 11/26/2019, 84 FR 65011 | Section 5-253.9 | Offset Lithographic and Letterpress Printing | 9/15/2018 | 11/26/2019, 84 FR 65011 | Section 5-253.10 | Paper coating | 10/29/92 | 4/22/98, 63 FR 19825 | Section 5-253.12 | Coating of Flat Wood Paneling | 9/15/2018 | 11/26/2019, 84 FR 65011 | Section 5-253.13 | Coating of Miscellaneous Metal and Plastic Parts | 9/15/2018 | 11/26/2019, 84 FR 65011 | Section 5-253.14 | Solvent metal cleaning | 7/29/93 | 4/22/98, 63 FR 19825 | Section 5-253.15 | Cutback and emulsified asphalt | 8/2/94 | 4/22/98, 63 FR 19825 | Section 5-253.16 | Wood Furniture Manufacturing | 12/15/16 | 3/19/18, 83 FR 11885 | Approving revisions for consistency with underlying federal regulations. | Section 5-253.17 | Industrial Solvent Cleaning | 9/15/2018 | 11/26/2019, 84 FR 65011 | Section 5-253.20 | Other sources that emit volatile organic compounds | 7/5/2014 | 8/1/2016, 81 FR 50347 | Removed the exemption for surface coating of wood. | Section 5-261 | Control of hazardous air contaminants | 11/03/81 | 02/10/82, 47 FR 6014. | Section 5-301 | Scope | 7/5/2014 | 8/1/2016, 81 FR 50347 | The air quality standard for sulfates is not part of the SIP. | Section 5-302 | Sulfur oxides (sulfur dioxide) | 7/5/2014 | 8/1/2016, 81 FR 50347 | Revision addresses the SO | Section 5-303 | Reserved | 7/5/2014 | 8/1/2016, 81 FR 50347 | The secondary standard for SO | Section 5-304 | Particulate matter PM | 7/5/2014 | 8/1/2016, 81 FR 50347 | New section addresses the 2006 primary and secondary 24-hr standard and the 2013 primary annual standard for the PM | Section 5-306 | Particulate matter PM | 7/5/2014 | 8/1/2016, 81 FR 50347 | Removed the annual standard to be consistent with the 2006 PM | Section 5-307 | Carbon monoxide | 7/5/2014 | 8/1/2016, 81 FR 50347 | Clarified language to be consistent with EPA. | Section 5-308 | Ozone | 7/5/2014 | 8/1/2016, 81 FR 50347 | Revision addresses the Ozone NAAQS adopted in 2008. | Section 5-309 | Nitrogen Dioxide | 7/5/2014 | /8/1/16, 81 FR 50347 | Revision addresses the NO | Section 5-310 | Lead | 7/5/2014 | 8/1/2016, 81 FR 50347 | Revision addresses the Lead NAAQS adopted in 2008. | Section 5-401 | Classification of air contaminant sources | 2/8/2011 | 8/1/2016, 81 FR 50347 | Amended the source category for asphalt batch plants. | Section 5-402 | Written reports when requested | 2/8/2011 | 8/1/2016, 81 FR 50347 | Section 5-403 | Circumvention | 12/10/72 | 05/31/72, 37 FR 10842 | Section 5-404 | Methods for sampling and testing of sources | 12/15/16 | 3/19/18, 83 FR 11885 | Approving revisions to provide required methods that must be followed when conducting a stack test. | Section 5-405 | Required air monitoring | 03/24/79 | 02/19/80, 45 FR 10775 | Section 5-406 | Required air modeling | 7/5/2014 | 8/1/2016, 81 FR 50347 | Clarified air dispersion modeling must be done in accordance with 40 CFR part 51, Appendix W. | Section 5-501 | Review of construction or modification of air contaminant sources | December 15, 2016 | 3/19/18, 83 FR 11885 | Approving revisions to Section 5-501(9) to clarify applicability of local, state, or federal law. | Section 5-502 | Major stationary sources and major modifications | 12/15/16 | 3/19/18, 83 FR 11885 | Approving revisions to Section 5-502(4)(c) and 5-502(5)(a) and (b) to provide process for PSD increment review demonstration and to determine increment; Approving revisions to Section 5-502(9) to provide requirement for alternative site analysis if: A source is major for ozone and/or major for precursors to ozone; or (2) a source or modification that is major is proposed to be constructed in a nonattainment area. | Section 5-701 | Removal of control devices | 03/24/79 | 02/19/80, 45 FR 10775 | Section 5-702 | Excessive smoke emissions from motor vehicles | 03/24/79 | 02/19/80, 45 FR 10775 | Section 5-801 | Effective date | 03/24/79 | 1/30/80, 45 FR 6781 | Table 1 | Table 1—Process weight standards | 1/25/78 | 12/21/78, 43 FR 59496 | Table 2 | Table 2—PSD increments | 7/5/2014 | 9/14/2016, 81 FR 63104 | Added increment thresholds for PM | Table 3 | Table 3—Levels of significant impact | 7/5/2014 | 9/14/2016, 81 FR 63104 | Added levels for PM | Sections 5-801 | Definitions | 4/20/88 | 1/10/95, 60 FR 2524 | Sections 5-802 | Requirement for registration | 4/20/88 | 1/10/95, 60 FR 2524 | Section 5-803 | Registration procedure | 4/20/88 | 1/10/95, 60 FR 2524 | Section 5-804 | False or misleading information | 4/20/88 | 1/10/95, 60 FR 2524 | Section 5-805 | Commencement or recommencement of operation | 4/20/88 | 1/10/95, 60 FR 2524 | Section 5-806 | Transfer of Operation | 4/20/88 | 1/10/95, 60 FR 2524 | 10 V.S.A. section 554 of the Vermont Statutes | Powers | 11/02/2015 | 6/27/2017, 82 FR 29007 | Provides the Secretary of ANR with power to adopt, amend and repeal rules, implementing provisions of 10 VSA Chapter 23, Air Pollution Control. | 10 V.S.A. section 563 of the Vermont Statutes | Confidential records; penalty | 11/21/2016 | 6/27/2017, 82 FR 29007 | Confidential records furnished to or obtained by the secretary concerning air contaminant sources are for confidential use of the secretary, with penalties for violation. | Vermont Executive Order 19-17 | Executive Code of Ethics | 12/4/2017 | 6/4/2020, 85 FR 34358 | Prohibits all Vermont executive branch appointees (including the ANR Secretary) from taking “any action in any matter in which he or she has either a Conflict of Interest or the appearance of a Conflict of Interest, until the Conflict is resolved.” Submitted and approved as part of 2015 Ozone infrastructure SIP. |
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(d) EPA-approved State Source specific requirements.
EPA-Approved Vermont Source Specific Requirements
Name of source | Permit number | State
effective date | EPA approval date | Explanations | Isovolta Inc. (Formerly U.S. Samica, Inc.) Operating Permit RACT provisions | AOP-14-037 | 9/30/2017 | 11/26/2019, 84 FR 65011 | Killington/Pico Ski Resort Partners, LLC. Operating Permit RACT provisions | AOP-14-003 | 2/15/2018 | 11/26/2019, 84 FR 65011 | Okemo Limited Liability Company Operating Permit RACT provisions | AOP-14-034 | 2/15/2018 | 11/26/2019, 84 FR 65011 | Simpson Paper Company, Centennial Mill in Gilman, Vermont | Envrionmental Protection Regulations, Chapter 5, Air Pollution Control, Subchapter II. Section 5-251(2) | 1/4/95 | 4/9/97, 45 FR 17084 | Administrative orders for Simpson Paper Company, in Gilman, Vermont, adopted and effective on January 4, 1995. | U.S. Samaica Corporation, in Rutland, VT | Envrionmental Protection Regulations, Chapter 5, Air Pollution Control, Subchapter II. Section 5-253.20 | 1/4/95 | 4/9/97, 45 FR 17084 | Administrative orders for U.S. Samaica Corporation, in Rutland, Vermont, adopted and effective on January 4, 1995. |
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(e) Nonregulatory.
Vermont Non-Regulatory
Name of non-regulatory SIP provision | Applicable geographic or nonattainment area | State submittal date/
effective date | EPA approval date | Explanation | Notice of public hearing | Statewide | Submitted 02/03/72 | 06/15/72, 37 FR 11914 | (c)(1) Vermont Agency of Environmental Conservation. | Miscellaneous non-regulatory revisions to the plan | Submitted 02/25/72 | 5/31/72, 37 FR 10842 | (c)(2) Vermont Agency of Environmental Conservation. | Miscellaneous non-regulatory revisions to the plan | Submitted 03/03/75 | 1/21/76, 41 FR 3085 | (c)(4) Vermont Agency of Environmental Conservation. Deletion of Winooski sampling site for particulates and sulfur dioxide. | Plans to meet various requirements of the Clean Air Act, including Part C | Submitted 03/21/79, and 11/21/79 | 1/30/80, 45 FR 6781 | (c)(9) See Plans to attain below. | Attainment Plans to meet the requirements of Part D and the Clean Air Act, as amended in 1977 | Submitted 03/21/79, 11/21/79, 11/27/79, and 12/19/79 | 02/19/80, 45 FR 10775 | (c)(10) Plans to attain. State of Vermont air quality and the implementation plan (March 1979). The secondary TSP standard for Barre City and a portion of the Champlain Valley Air Management Area, the carbon monoxide standard in the Champlain Valley Air Management Area and the ozone standard in Chittenden, Addison, and Windsor Counties. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions were also included. | A plan to provide for public, local and state involvement in federally funded air pollution control activities | Submitted 03/28/80 | 09/09/80, 45 FR 59314 | (c)(11) A plan to provide for public, local and state involvement in federally funded air pollution control activities. | A plan to attain and maintain the National Ambient Air Quality Standard for lead | Submitted 06/24/80, and 11/07/80 | 03/18/81, 45 FR 17192 | (c)(12) A plan to attain and maintain the National Ambient Air Quality Standard for lead. A letter further explaining the state procedures for review of new major sources of lead emissions. | A revision to the quality monitoring network | Submitted 3/21/79 | 10/8/80, 45 FR 66789, corrected by 03/16/81, 46 FR 16897 | (c)(13) meets the requirements of 40 CFR part 58 | Narrative submittal “Implementation Plan for the Protection of Visibility in the State of Vermont” and “Appendices” | Submitted 4/15/86 | 07/17/87, 52 FR 26973 | (c)(19) Describing procedures, notifications, and technical evaluations to fulfill the visibility protection requirements of 40 CFR part 51, subpart P. | State Implementation Plan narrative | Submitted 12/07/90, and 1/10/91 | 03/05/91, 56 FR 9175 | (c)(20) State of Vermont Air Quality Implementation Plan dated November 1990. | State Implementation Plan narrative | Submitted 08/09/93 | 1/10/95, 60 FR 2524 | (c)(21) State of Vermont Air Quality Implementation Plan dated February, 1993. To meet the emission statement requirement of the CAAA of 1990. | Revisions to the State Implementation Plan | Submitted 02/03/93, 08/09/93, and 08/10/94 | 4/22/98, 63 FR 19825 | (c)(25) State of the State Vermont: Air Quality Implementation Plan dated August 1993. | Revisions to the State Implementation Plan | Submitted 08/03/98 | 07/10/00, 65 FR 42290 | (c)(26) letter from VT Air Pollution Control Division dated July 28, 1998 stating a negative declaration for the aerospace coating operations CTG category. | Reasonably Available Control Technology State Implementation Plan (SIP)/certification for the 1997 8-hour Ozone National Ambient Air Quality Standard | Statewide | Submitted 11/14/2008 | 11/26/2019, 84 FR 65011 | Certain aspects relating to Coating of Flat Wood Paneling which were conditionally approved on July 19, 2011 are now fully approved. | SIP narrative associated with 5-253.16 wood furniture manufacturing regulation | Statewide | Submitted 11/22/2006 | 7/19/2011 , 76 FR 42560 | Vermont Regional Haze SIP and its supplement | Statewide | 8/26/2009; supplement submitted 1/3/2012 | 5/22/2012, 77 FR 30212 | Transport SIP for the 2008 Ozone Standard | Statewide | Submitted 11/2/2015 | 10/13/2016, 81 FR 70633 | State submitted a transport SIP for the 2008 ozone standard which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). | Transport SIP for the 1997 Ozone Standard | Statewide | Submitted 4/15/2009 | 4/10/2017, 82 FR 17127 | State submitted a transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). | Transport SIP for the 1997 Particulate Matter Standards | Statewide | Submitted 4/15/2009 | 4/10/2017, 82 FR 17127 | State submitted a transport SIP for the 1997 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). | Transport SIP for the 2006 particulate matter Standards | Statewide | Submitted 05/21/2010 | 4/10/2017, 82 FR 17127 | State submitted a transport SIP for the 2006 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). | Infrastructure SIP for 1997 PM | Statewide | 02/18/2009 | 6/27/2017, 82 FR 29007 | Approved submittal, except for certain aspects relating to PSD which were conditionally approved. | Infrastructure SIP for 1997 PM | Statewide | 12/15/16 | 3/19/18, 83 FR 11885 | Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved. | Infrastructure SIP for 1997 ozone NAAQS | Statewide | 12/15/16 | 3/19/18, 83 FR 11885 | Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved. | Infrastructure SIP for 2006 PM | Statewide | 12/15/16 | 3/19/18, 83 FR 11885 | Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved. | Infrastructure SIP for the 2008 Lead NAAQS | Statewide | 12/15/16 | 3/19/18, 83 FR 11885 | Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved. | Infrastructure SIP for 2008 ozone NAAQS | Statewide | 12/15/16 | 3/19/18, 83 FR 11885 | Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved. | Infrastructure SIP for the 2010 NO | Statewide | 12/15/16 | 3/19/18, 83 FR 11885 | Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved. | Infrastructure SIP for the 2010 SO | Statewide | 12/15/16 | 3/19/18, 83 FR 11885 | Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved. | Transport Element of the Infrastructure SIP for the 2010 SO | Statewide | 11/2/2015 | 8/1/2018
83 FR 37436 | Approved submittal meets the requirements of Section 110(a)(2)(D)(i)(I) for the 2010 SO | Vermont Regional Haze Five-Year Progress Report | Statewide | Submitted 2/29/2016 | 12/18/2017, 82 FR 59971 | Submittals to meet Section 110(a)(2) Infrastructure Requirements for the 2012 PM | Statewide | 10/31/2015 | 9/6/2018, 83 FR 45196 | These submittals are approved with respect to the following CAA elements or portions thereof: 110(a)(2) (A), (B), (C), (D), (E)(1), E(2), (F), (G), (H), (J1), (J2), (J3), (K), (L), and (M). * | Reasonably Available Control Technology (RACT) Under the 2008 and 2015 8-Hour Ozone National Ambient Air Quality Standards | Statewide | Submitted 9/6/2018 | 11/26/2019, 84 FR 65011 | Submittal to meet Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone NAAQS | Statewide | 11/19/2019 | 6/4/2020, 85 FR 34358 | This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2) (A), (B), (C), (D), (E)(1), E(2), (F), (G), (H), (J1), (J2), (J3), (K), (L), and (M). This approval includes the Transport SIP for the 2015 Ozone NAAQS, which shows that Vermont does not significantly contribute to ozone nonattainment or maintenance in any other state. |
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§ 52.2371 - Classification of regions.
The Vermont plan was evaluated on the basis of the following classifications:
Air quality control region | Pollutant | Particulate
matter | Sulfur
oxides | Nitrogen
dioxide | Carbon
monoxide | Ozone | Champlain Valley Interstate | II | III | III | III | III | Vermont Intrastate | II | III | III | III | III |
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§ 52.2372 - Approval status.
(a) With the exceptions set forth in this subpart, the Administrator approves Vermont's plan as identified in § 52.2370 for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act, as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January, 1978 and January, 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January.
(b) [Reserved]
§ 52.2373 - [Reserved]
§ 52.2374 - General requirements.
(a) [Resreved]
(b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1-June 30 and July 1-December 31.
(3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator.
§ 52.2375 - Attainment dates for national standards.
The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in Vermont's plan.
Air quality control region and nonattainment area 1 | Pollutant | SO | PM10 | NO | CO | O | Primary | Secondary | Champlain Valley Interstate—Chittenden County: | Champlain Valley Air Management Area: | Essex Town (including Essex Jct.) | a | a | a | a | b | b | Burlington City | a | a | a | a | b | b | South Burlington City | a | a | a | a | b | b | Winooski | a | a | a | a | b | b | Remainder of Air Management Area | a | a | a | a | b | b | Remainder of County | a | a | a | a | a | b | Vermont Valley Air Management Area | a | a | a | a | a | a | Addison County | a | a | a | a | a | b | Remainder of AQCR | a | a | a | a | a | a | Vermont Interstate: | Central Vermont Air Management Area: | Barre City | a | a | a | a | a | a | Remainder of Air Management Area | a | a | a | a | a | a | Windsor County | a | a | a | a | a | b | Remainder of AQCR | a | a | a | a | a | a |
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1 Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to the 1977 Clean Air Act Amendments remain obligated to comply with those regulations by the earlier deadlines. The earlier attainment dates are set out at 40 CFR 52.2375, revised as of July 1, 1978.
a. Air quality levels presently below secondary standards or area is unclassifiable.
b. 12/31/82.
§ 52.2376 - Identification of plan-conditional approvals.
(a) Conditional approvals. (1) 1997 fine particulate (PM
(2) 1997 Ozone (NAAQS): The 110(a)(2) infrastructure SIP submitted on February 18, 2009, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO
(3) 2006 PM
(4) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on July 29, 2014, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO
(5) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO
(6) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO
(7) 2010 Sulfur Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NO
(b) [Reserved]
§ 52.2377 - Review of new sources and modifications.
Regulation 5-501(3) entitled “Default Permits” is disapproved.
§ 52.2378 - Certification of no facilities.
On June 6, 1986, the Vermont Agency of Environmental Conservation submitted a letter certifying that there are no facilities within the State's boundaries subject to the Continuous Emissions Monitoring requirements of 40 CFR part 51, Appendix P. This negative declaration was submitted to EPA in accordance with 40 CFR 51.19(e).
§ 52.2379 - [Reserved]
§ 52.2380 - Significant deterioration of air quality.
The program to review the construction and operation of new and modified major stationary sources in attainment areas is approved as meeting the requirements of Part C, except regulation 5-501(3) entitled “Default permits”, and a portion of the SIP revision narrative from the first full paragraph on pages 9-11 through the first four lines of pages 9-12 inclusive, both of which were submitted on March 21, 1979 and which are disapproved.
§ 52.2381 - EPA-approved Vermont State regulations.
The following table identifies the state regulations which have been submitted to and adopted by EPA as revisions to the Vermont State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory effect. To determine regulatory requirements for a specific situation consult the plan identified in § 52.2370. To the extent that this table conflicts with §§ 52.2370, 52.2370 governs.
Table 52.2381—EPA-Approved Regulations
[Vermont SIP regulations 1972 to present]
State citation, title and subject | Date adopted by State | Date Approved by EPA | Section 52.2370 | Comments and unapproved sections | Chapter 5 Air Pollution Control | Subchapter I Definitions | Section 5-101 Definitions | 12/10/72 | 5/31/72 | 37 FR 10899 | (b) | 12/10/72 | 5/14/73 | 38 FR 12713 | (c)(3) | 11/19/73 | 3/22/76 | 41 FR 11819 | (c)(5) | 12/16/74 | 1/21/76 | 41 FR 3085 | (c)(4) | 1/25/78 | 12/21/78 | 43 FR 59496 | (c)(8) | All of 5-101 (1-42) approved. | 8/12/78 | 4/16/82 | 47 FR 16331 | (c)(16) | Related to wood-fired boilers. | 3/24/79 | 1/30/80 | 45 FR 6781 | (c)(9) | Related to PSD. | 11/4/79 | 2/19/80 | 45 FR 10775 | (c)(10) | All of 5-101 (1-62) approved. | 11/3/81 | 2/10/82 | 47 FR 6014 | (c)(15) | 9/17/86 | 7/17/87 | 52 FR 26982 | (c)(19) | Related to visibility in Class I areas. 5-101(3), (14), (21), (59), and (76) approved. | 7/9/93 | 4/9/97 | 62 FR 17087 | (c)(22) | Adds definition of reasonably available control technology (RACT). | 10/29/92 7/29/93 | 4/22/98 | 63 FR 19828 | (c)(25) | Add definitions associated with VOC RACT rules. | Subchapter II Prohibitions | Section 5-201 Open burning prohibited | 12/10/72 | 5/31/72 | 37 FR 10899 | (b) | 1/25/78 | 12/21/78 | 43 FR 59496 | (c)(8) | Section 5-202 Permissible open burning | 12/10/72
1/25/78 | 5/31/72
12/21/78 | 37 FR 10899
43 FR 59496 | (b)
(c)(8) | Section 5-203 Procedures for local authorities to burn natural wood | 12/10/72
1/25/78 | 5/31/72
12/21/78 | 37 FR 10899
43 FR 59496 | (b)
(c)(8) | Section 5-211 Prohibition of visible air contaminants | 12/10/72
1/25/78 | 5/31/72
12/21/78 | 37 FR 10899
43 FR 59496 | (b)
(c)(8) | 5-211 (1)(2) approved. | 8/12/78 | 4/16/82 | 47 FR 16331 | (c)(16) | 5-211 (3) not approved. | Section 5-221 Prohibition of potentially polluting materials in fuel | 12/10/72
3/16/75 | 5/31/72
1/8/82 | 37 FR 10899
47 FR 948 | (b)
(c)(14) | Except 5-221(c) (i) and (ii). Includes Moran Sta. Bubble Approval. | 7/12/76 | 2/4/77 | 42 FR 6811 | (c)(6) | 1/25/78 | 12/21/78 | 43 FR 59496 | (c)(8) | Section 5-231 Prohibition of particulate matter | 12/10/72
12/10/72 | 5/31/72
5/14/73 | 37 FR 10899
38 FR 12713 | (b)
(c)(3) | 11/19/73 | 3/22/76 | 41 FR 11819 | (c)(5) | Regarding incinerators. | 12/16/74 | 1/21/76 | 41 FR 3085 | (c)(4) | Regarding combustion contaminants. | 7/12/76 | 2/4/77 | 42 FR 6811 | (c)(6) | Regarding incinerators asphalt plants. | 3/14/77 | 8/2/78 | 43 FR 33918 | (c)(7) | Regarding wood processing plants. | 1/25/78 | 12/21/78 | 43 FR 59496 | (c)(8) | 8/12/78 | 4/16/82 | 47 FR 16331 | (c)(16) | Except Cersosimo Lumber, Rutland Plywood, Moran Sta. | 11/13/81 | 2/10/82 | 47 FR 6014 | (c)(15) | Repealed 5-231 (4). | 8/23/83 | 48 FR 38235 | (c)(17) | Approved for Cersosimo Lumber. | 2/26/85 | 50 FR 7767 | (c)(18) | Approved for Rutland Plywood. | Section 5-241 Prohibition of nuisance and odor | 12/10/72
11/19/73 | 5/31/72
3/22/76 | 37 FR 10899
41 FR 11819 | (b)
(c)(5) | 1/25/78 | 12/21/78 | 43 FR 59496 | (c)(8) | Section 5-251 Control of nitrogen oxides emissions | 12/10/72
1/25/78 | 5/31/72
12/21/78 | 37 FR 10899
43 FR 59496 | (b)
(c)(8) | 3/25/79 | 2/19/80 | 45 FR 10775 | (c)(10) | 11/4/79 | 2/19/80 | 45 FR 10775 | (c)(10) | 7/9/93 | 4/9/97 | 62 FR 17087 | (c)(22) | Requires RACT for major stationary sources of NO | 1/4/95 | 4/9/97 | 62 FR 17087 | (c)(22) | NO | Section 5-252 Control of sulfur dioxide emissions | 7/12/76
1/25/78 | 2/4/77
12/21/78 | 42 FR 6811
43 FR 59496 | (c)(6)
(c)(8) | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | 11/4/79 | 2/19/80 | 45 FR 10775 | (c)(10) | Section 5-253 Control of volatile organic compounds | 7/9/93 | 4/9/97 | 62 FR 17087 | (c)(22) | Requires RACT at non-CTG VOC sources. | 1/4/95 | 4/9/97 | 62 FR 17087 | (c)(22) | Non-CTG VOC RACT for U.S. Samaica Corporation's Rutland facility. | Section 5-253.1 Petroleum Liquid Storage in Fixed Roof Tanks. | 10/29/92 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-253.2 Bulk Gasoline Terminals | 10/29/92 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-253.3 Bulk Gasoline Plants. | 10/29/92 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-253.4 Gasoline Tank Trucks. | 10/29/92 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-253.5 Stage I vapor recovery controls at gasoline dispensing facilities. | 10/29/92 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-253.10 Paper Coating. | 10/29/92 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-253.12 Coating of Flatwood Paneling. | 10/29/92 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-253.13 Coating of Miscellaneous Metal Parts. | 7/29/93 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-253.14 Solvent Metal Cleaning. | 7/29/93 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-253.15 Cutback and Emulsified Asphalt. | 8/2/94 | 4/22/98 | 63 FR 19829 | (c)(25) | Section 5-261 Control of hazardous air contaminants | 11/3/81 | 2/10/82 | 47 FR 6014 | (c)(15) | Subchapter III Ambient Air Quality Stds | Section 5-301 Scope | 12/10/72 | 5/31/72 | 37 FR 10899 | (b) | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | 12/15/90 | 3/5/91 | 56 FR 9177 | (c)(20) | Section 5-302 Sulfur dioxide primary | 12/10/72 | 5/31/72 | 37 FR 10899 | (b) | 7/12/76 | 2/4/77 | 42 FR 6811 | (c)(6) | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | Section 5-303 Sulfur dioxide (secondary) | 12/10/72
7/12/76 | 5/31/72
2/4/77 | 37 FR 10899
42 FR 6811 | (b)
(c)(6) | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | Section 5-304: PM10 Primary Standards | 11/90 | 8/1/97 | 62 FR 41282 | (c)(23) | Removal of the TSP standard and establishment of the PM10 standard. | Section 5-305: PM10 Secondary Standards | 11/90 | 8/1/97 | 62 FR 41282 | (c)(23) | Removal of the TSP standard and establishment of the PM10 standard. | Section 5-306 Carbon monoxide primary/secondary | 12/10/72
11/19/73 | 5/31/72
3/22/76 | 37 FR 10899
41 FR 11819 | (b)
(c)(5) | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | Section 5-307 Ozone primary/secondary | 12/10/72
12/16/74 | 5/31/72
1/21/76 | 37 FR 10899
41 FR 3085 | (b)
(c)(4) | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | Section 5-308 Lead (primary/secondary) | 11/3/81 | 2/10/82 | 47 FR 6014 | (c)(15) | Section 5-309 Nitrogen dioxide primary/secondary | 12/15/90 | 3/5/91 | 56 FR 9177 | (c)(20) | Subchapter IV Operations/Procedures | Section 5-401 Classification of air contaminant sources | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | Section 5-402 Written reports when requested | 12/10/72
12/10/72 | 5/31/72
5/14/73 | 37 FR 10899
38 FR 12713 | (b)
(c)(3) | 11/19/73 | 3/22/76 | 41 FR 11819 | (c)(5) | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | 5-402(1) only. | Section 5-403 Circumvention | 12/10/72 | 5/31/72 | 37 FR 10899 | (b) | Section 5-404 Methods for sampling and testing of sources | 12/10/72
1/25/78 | 5/31/72
12/21/78 | 37 FR 10899
43 FR 59496 | (b)
(c)(8) | 3/24/78 | 2/19/80 | 45 FR 10775 | (c)(10) | Section 5-405 Required air monitoring | 12/10/72 | 5/31/72 | 37 FR 10899 | (b) | 3/24/79 | 1/30/80 | 45 FR 6781 | (c)(9) | For PSD Plan. | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | For NSR Plan. | Section 5-406 Required air modeling | 3/24/79 | 1/30/80 | 45 FR 6781 | (c)(9) | For PSD Plan. | 3/24/79 | 2/19/80 | 45 FR 10775 | (c)(10) | For NSR Plan. | Subchapter V Review of New Air Contaminant Sources | Section 5-501 Review of construction or modification of air contaminant sources | 12/10/72
12/10/72 1/25/78 | 5/31/72
5/14/73 12/21/78 | 37 FR 10899
38 FR 12713 43 FR 59496 | (b)
(c)(3) (c)(8) | 3/24/79 | 1/30/80 | 45 FR 6781 | (c)(9) | Except 5-501(3). | 11/4/79 | 2/19/80 | 45 FR 10775 | (c)(10) | Except 5-501(3). | 11/3/81 | 2/10/82 | 47 FR 6014 | (c)(15) | 9/17/86 | 7/17/87 | 52 FR 26982 | (c)(19) | Related to visibility in Class I areas. 5-501(4) approved. | Section 5-502 Major stationary sources and major modifications | 3/24/79
11/4/79 | 1/30/80
2/19/80 | 45 FR 6781
45 FR 10775 | (c)(9)
(c)(10) | Except 5-502(5).
Except 5-502(5). | 11/3/81 | 2/10/82 | 47 FR 6014 | (c)(15) | 9/17/86 | 7/17/87 | 52 FR 26982 | (c)(19) | Related to visibility in Class I areas. 5-502 (4)(d) and (4)(e) approved. | 7/14/95 | 8/4/97 | 62 FR 41870 | (c)(24) | Subchapter VII Motor vehicle emissions | Section 5-701 Removal of control devices | 12/10/72
3/24/79 | 5/31/72
2/19/80 | 37 FR 10899
45 FR 10775 | (b)
(c)(10) | Section 5-702 Excessive smoke emissions from motor vehicles | 12/10/72
3/24/79 | 5/31/72
2/19/80 | 37 FR 10899
45 FR 10775 | (b)
(c)(10) | Section 5-801 Effective date | 3/24/79 | 1/30/80 | 45 FR 6781 | (c)(9) | Table 1—Process weight standards | 12/10/72 | 5/31/72 | 37 FR 10899 | (b) | 1/25/78 | 12/21/78 | 43 FR 59496 | (c)(8) | Figure 1—Fuel-burning equipment | 12/10/72 | 5/31/72 | 37 FR 10899 | (b) | 7/12/76 | 2/4/77 | 42 FR 6811 | (c)(6) | 1/25/78 | 12/21/78 | 43 FR 59496 | (c)(8) | Table 2—PSD increments | 3/24/79 | 1/30/80 | 45 FR 6781 | (c)(9) | 12/15/90 | 3/5/91 | 56 FR 9177 | (c)(20) | Addition of NO | Table 3—Levels of significant impact for nonattainment areas | 3/24/79
11/4/79 | 2/19/80
2/19/80 | 45 FR 10775
45 FR 10775 | (c)(10)
(c)(10) | 11/3/81 | 2/10/82 | 47 FR 6014 | (c)(15) | Definitions | 4/20/88 | 1/10/95 | 60 FR 2527 | (c)(21) | Section 5-802, Requirement for Registration | 4/20/88 | 1/10/95 | 60 FR 2527 | (c)(21) | Section 5-803, Registration Procedure | 4/20/88 | 1/10/95 | 60 FR 2527 | (c)(21) | Section 5-804, False or Misleading Information | 4/20/88 | 1/10/95 | 60 FR 2527 | (c)(21) | Section 5-805, Commencement or Recommencement of Operation | 4/20/88 | 1/10/95 | 60 FR 2527 | (c)(21) | Sections 5-806, Transfer of Operation | 4/20/88 | 1/10/95 | 60 FR 2527 | (c)(21) |
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§ 52.2382 - Rules and regulations.
(a) Non-Part D—No Action. EPA is neither approving or disapproving the following elements of the revisions:
(1) Stack height requirements.
(2) [Reserved]
(b) Regulation for visibility monitoring and new source review. The provisions of §§ 52.26 and 52.27 are hereby incorporated and made a part of the applicable plan for the State of Vermont.
§ 52.2383 - Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures meeting the requirements of 40 CFR 51.305 and 51.307 for protection of visibility in mandatory Class I Federal areas.
(b) Regulations for visibility monitoring and new source review. The provisions of § 52.27 are hereby incorporated and made part of the applicable plan for the State of Vermont.
§ 52.2384 - Stack height review.
The State of Vermont has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion techniques as defined in EPA's stack height regulations, as revised on July 8, 1985. This declaration was submitted to EPA on March 21, 1986. The State has further declared in a letter from Harold T. Garabedian, dated March 21, 1986, that, “[T]he State concludes that our present rule 5-502(4)(d) is adequate to insure that new emission sources will not be able to use credits from modeling ambient impacts at greater than ‘good engineering practice’ stack height or from using ‘other dispersion techniques.’ ” Thus, Vermont has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164.
§ 52.2385 - Requirements for state implementation plan revisions relating to new motor vehicles.
Vermont must comply with the requirements of § 51.120.
§ 52.2386 - Original identification of plan section.
(a) This section identifies the original “Air Implementation Plan for the State of Vermont” and all revisions submitted by Vermont that were federally approved prior to August 14, 2000.
(b) The plan was officially submitted on January 29, 1972.
(c) The plan revisions listed below were submitted on the dates specified.
(1) Notice of public hearing submitted on February 3, 1972, by the Vermont Agency of Environmental Conservation.
(2) Miscellaneous non-regulatory revisions to the plan submitted on February 25, 1972, by the Vermont Agency of Environmental Conservation.
(3) Miscellaneous changes to regulations 5-412, 5-466, 5-467, 5-481, 5-486, 5-487, and 5-488 submitted on May 19, 1972, by the Vermont Agency of Environmental Conservation.
(4) Revision to the particulate emission limitation or Fuel Burning Equipment, revision to Rule 6, “Rules of Practice,” of the Air Quality Variance Board and miscellaneous non-regulatory revisions submitted on March 3, 1975, by the Vermont Agency of Environmental Conservation.
(5) Revision to Chapter 5, “Incinerator Emissions” submitted on November 30, 1973, by the Vermont Agency of Environmental Conservation.
(6) Revision to Vermont Regulations, Chapter 5, “Air Pollution Control”, by letter submitted on July 19, 1976 by the Vermont Agency of Environmental Conservation.
(7) Revision to Regulation 5-231, Prohibition of Particulate Matter, section 1, Industrial Process Emissions, with respect to wood processing operations, submitted by the Vermont Secretary of Environmental Conservation on April 11, 1977.
(8) Revisions to Chapter 5 of the Vermont Air Pollution Control Regulations, submitted by the Secretary of Environmental Conservation on February 21, 1978.
(9) Plans to meet various requirements of the Clean Air Act, including Part C, were submitted on March 21 and November 21, 1979. Included in these revisions is a program for the review of construction and operation of new and modified major stationary sources of pollution in attainment areas.
(10) Attainment plans to meet the requirements of Part D and the Clean Air Act, as amended in 1977, were submitted on March 21, November 21, November 27 and December 19, 1979. Included are plans to attain: The secondary TSP standard for Barre City and a portion of the Champlain Valley Air Management Area, the carbon monoxide standard in the Champlain Valley Air Management Area and the ozone standard in Chittenden, Addison, and Windsor Counties. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions were also included.
(11) A plan to provide for public, local and state involvement in federally funded air pollution control activities was submitted on March 28, 1980.
(12) A plan to attain and maintain the National Ambient Air Quality Standard for lead was submitted on June 24, 1980 by the Secretary of the Vermont Agency of Environmental Conservation. A letter further explaining the state procedures for review ofnew major sources of lead emissions was submitted on November 7, 1980 by the Director, Air & Solid Waste Programs, Vermont Agency of Environmental Conservation.
(13) A revision to the air quality monitoring network which meets the requirements of 40 CFR part 58, submitted on March 21, 1979 by the Governor of Vermont.
(14) A revision to regulation 5-221(1), “Sulfur Limitation in Fuel,” submitted by the Secretary of the Vermont Agency of Environmental Conservation on November 13, 1979.
(15) Revisions to amend Regulations 5-101 “Definitions”, 5-501 “Review of Construction or Modification of New Air Contaminant Sources”, 5-502 “Major Stationary Sources”, and Section 9 of the non-regulatory portion of the SIP; to delete Regulations 5-253(1 “Storage of Volatile Organic Compounds”, 5-253(3), “Bulk Gasoline Terminals”, and 5-231(4) “Potentially Hazardous Particulate Matter”; to add Regulation 5-261 “Control of Hazardous Air Contaminants”; and to amend Table 3 of the Regulations “Levels of Significant Impact for Nonattainment Areas”; submitted by the Secretary of the Vermont Agency of Environmental Conservation on August 24, 1981.
(16) A revision to Regulation 5-231, “Prohibition of Particulate Matter,” by the addition of subparagraph (3)(b) submitted by the Secretary of the Vermont Agency of Environmental Conservation for all but three stationary wood-fired combustion sources (excluded from submittal: Moran Generating Station, Burlington Electric Department; Rutland Plywood Company; and Cersosimo Lumber Company) on February 12, 1982.
(17) A revision to approve Regulation 5-231(3)(b) for Cersosimo Lumber Company submitted on March 23, 1983 by the Secretary of the Vermont Agency of Environmental Conservation. (Note: The Cersosimo Lumber Company was excluded from the original approval of Regulation 5-231(3)(b) into the Vermont SIP identified at subparagraph (c)(16) above.)
(18) A revision to approve Vermont Regulation 5-231(3)(b) for Rutland Plywood Corporation, submitted on October 19, 1984 by the Secretary of the Vermont Agency of Environmental Conservation.
Note:Rutland Plywood Corporation was excluded from the original approval of Regulation 5-231(3)(b) in the Vermont SIP, identified at paragraph (c)(16) above.
(19) A plan to protect visibility in the Lye Brook Wilderness, a mandatory Class I Federal area, from impairment caused by plume blight and to monitor visibility, in fulfillment of the requirements of 40 CFR part 51, subpart P. Submitted on April 15, 1986, the plan approves, only as they apply to mandatory Class I Federal areas, revisions to Vermont Regulations 5-101 (3), (14), (21), (59), and (76); 5-501(4); and 5-502 (4)(d) and (4)(e).
(i) Incorporation by reference.
(A) Amendments to Environmental Protection Regulations Chapter 5, Air Pollution Control, Subchapter I. Definitions, 5-101 at subsections (3), (14), (21), (59), and (76), filed in its adopted form on September 2, 1986.
(B) Amendments to Environmental Protection Regulations Chapter 5, Air Pollution Control, Subchapter V. Review of New Air Contaminant Sources, 5-501 at subsection (4) requiring responsiveness to comments and any analyses submitted by any Federal Land Manager, filed in its adopted form on September 2, 1986.
(C) Amendments to Environmental Protection Regulations Chapter 5, Air Pollution Control, Subchapter V. Review of New Air Contaminant Sources, 5-502 at subsection (4)(d) requiring a demonstration of no adverse impact on visibility in any Class I Federal area; and at subsection (4)(e) which reletters the former subsection (4)(d), filed in its adopted form on September 2, 1986.
(ii) Additional material.
(A) Narrative submittal consisting of two volumes entitled, “Implementation Plan for the Protection of Visibility in the State of Vermont” and “Appendices” describing procedures, notifications, and technical evaluations to fulfill the visibility protection requirements of 40 CFR part 51, subpart P.
(20) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on December 7, 1990 and January 10, 1991.
(i) Incorporation by reference.
(A) Letter dated December 7, 1990 and letter with attachments dated January 10, 1991 from the Vermont Air Pollution Control Division submitting revisions to the Vermont State Implementation Plan.
(B) Section 5-301 “Scope,” section 5-309 “Nitrogen Dioxide—Primary and Secondary Ambient Air Quality Standards,” and Table 2 “Prevention of Significant Deterioration (PSD) Increments,” of Chapter 5 “Air Pollution Control” of Vermont's Environmental Protection Regulations effective in the State of Vermont on December ?, 1990.
(ii) Additional materials.
(A) A state implementation plan narrative dated November, 1990 and entitled “State of Vermont Air Quality Implementation Plan.
(B) Nonregulatory portions of the state submittal.
(21) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on August 9, 1993.
(i) Incorporation by reference.
(A) Letter dated August 9, 1993 from the Vermont Air Pollution Control Division submitting revisions to the Vermont State Implementation Plan. Vermont resubmitted Vermont's rule entitled “Registration of Air Contaminant Sources,” Sections 5-801 through 5-806 and the SIP narrative entitled “State of Vermont Air Quality Implementation Plan, February 1993” to meet the emission statement requirements of the Clean Air Act Amendments of 1990.
(B) Letter dated February 4, 1993 from the Vermont Air Pollution Control Division submitting revisions to the Vermont State Implementation Plan which included Vermont's rule entitled “Registration of Air Contaminant Sources,” Sections 5-801 through 5-806 and the SIP narrative entitled “State of Vermont Air Quality Implementation Plan, February 1993” to meet the emission statement requirements of the Clean Air Act Amendments of 1990. Sections 5-801 through 5-806 were previously adopted by Vermont and became effective on April 20, 1988.
(C) Section 5-801 “Definitions,” section 5-802 “Requirement for Registration,” section 5-803 “Registration Procedure,” section 5-804 “False or Misleading Information,” section 5-805 “Commencement or Recommencement of Operation,” and section 5-806 “Transfer of Operation” effective on April 20, 1988.
(ii) Additional materials.
(A) Vermont's SIP narrative entitled “State of Vermont Air Quality Implementation Plan, February 1993” which addresses emission statement requirements not covered by sections 5-801 through 5-806.
(B) Letter dated October 5, 1994 from the Vermont Air Pollution Control Division which clarifies Vermont procedures in developing the emission statement information.
(C) Nonregulatory portions of the submittal.
(22) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on August 9, 1993 and March 20, 1995.
(i) Incorporation by reference.
(A) Letters from the Vermont Air Pollution Control Division dated August 9, 1993 and March 20, 1995 submitting revisions to the Vermont State Implementation Plan.
(B) Regulations, including section 5-101, “Definitions,” subsection 5-251(2), “Reasonably available control technology for large stationary sources,” and, subsection 5-253.20, “Other Sources That Emit Volatile Organic Compounds,” adopted on July 9, 1993 and effective on August 13, 1993.
(C) Administrative orders for Simpson Paper Company, in Gilman, Vermont, and, U.S. Samaica Corporation, in Rutland, Vermont, both adopted and effective on January 4, 1995.
(23) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division in November, 1990, establishing a PM
(i) Incorporation by reference.
(A) Letter from the Vermont Air Pollution Control Division dated December 10, 1990 submitting a revision to the Vermont State Implementation Plan.
(B) Section 5 of the Vermont air quality State Implementation Plan, dated November, 1990.
(24) Revision to the State Implementation Plan submitted by the Vermont Department of Environmental Conservation on March 7, 1996.
(i) Incorporation by reference.
(A) Letter from the Vermont Department of Environmental Conservation dated March 7, 1996 submitting a revision to the Vermont State Implementation Plan.
(B) Amendments to Table 2 “Prevention of Significant Deterioration Increments” referenced in Section 5-502(4)(c) of the Vermont Agency of Natural Resources Environmental Regulations (effective July 29, 1995).
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(25) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on February 3, 1993, August 9, 1993, and August 10, 1994.
(i) Incorporation by reference.
(A) Letters from the Vermont Air Pollution Control Division dated February 4, 1993, August 9, 1993, and August 10, 1994 submitting revisions to the Vermont State Implementation Plan.
(B) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.1, entitled “Petroleum Liquid Storage in Fixed Roof Tanks,” effective in the State of Vermont on November 13, 1992.
(C) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.2, entitled “Bulk Gasoline Terminals,” effective in the State of Vermont on November 13, 1992.
(D) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.3, entitled “Bulk Gasoline Plants,” effective in the State of Vermont on November 13, 1992.
(E) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.4, entitled “Gasoline Tank Trucks,” effective in the State of Vermont on November 13, 1992.
(F) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.5, entitled “Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities,” effective in the State of Vermont on November 13, 1992.
(G) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.10, entitled “Paper Coating,” effective in the State of Vermont on November 13, 1992.
(H) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.12, entitled “Coating of Flat Wood Paneling,” effective in the State of Vermont on November 13, 1992.
(I) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.13, entitled “Coating of Miscellaneous Metal Parts,” effective in the State of Vermont on August 13, 1993.
(J) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.14, entitled “Solvent Metal Cleaning,” effective in the State of Vermont on August 13, 1993.
(K) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-253.15, entitled “Cutback and Emulsified Asphalt,” effective in the State of Vermont on August 17, 1994.
(L) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-101, entitled “Definitions,” effective in the State of Vermont on November 13, 1992.
(M) Chapter 5 of the Agency of Natural Resources Environmental Protection Regulations, Subsection 5-101, entitled “Definitions,” effective in the State of Vermont on August 13, 1993.
(ii) Additional materials.
(A) Vermont Agency of Natural Resources document entitled “State of Vermont: Air Quality Implementation Plan” dated August 1993.
(B) Letter from the Vermont Agency of Natural Resources dated September 30, 1996 submitting a negative declaration for the shipbuilding and repair Control Techniques Guideline (CTG) category.
(C) Letter from the Vermont Agency of Natural Resources dated April 20, 1994 submitting a negative declaration for the synthetic organic chemical manufacturing industry (SOCMI) distillation and reactor processes CTG categories.
(D) Letters from the Vermont agency of Natural Resources dated April 6, 1992 and August 28, 1992 submitting negative declarations for several pre-1990 CTG categories.
(E) Nonregulatory portions of the submittal.
(26) Revisions to the State Implementation Plan submitted by the Vermont Air Pollution Control Division on July 28, 1998.
(i) Additional materials.
(A) Letter from the Vermont Air Pollution Control Division dated July 28, 1998 stating a negative declaration for the aerospace coating operations Control Techniques Guideline category.