Regulations last checked for updates: Oct 31, 2024

Title 40 - Protection of Environment last revised: Oct 29, 2024
§ 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 Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after February 10, 2006, will be incorporated by reference in the next update to the SIP compilation.

(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
Chapter 5—Air Pollution Control
Subchapter I. Definitions
Section 5-101Definitions12/15/163/19/18, 83 FR 11885Approving revisions made to definition for “significant” to include emissions of ozone precursors.
Subchapter II. Prohibitions
Section 5-201Open burning prohibited07/22/984/22/98, 63 FR 19825
Section 5-202Permissible open burning1/25/7812/21/78, 43 FR 59496
Section 5-203Procedures for local authorities to burn natural wood1/25/7812/21/78, 43 FR 59496
Section 5-211Prohibition of visible air contaminants8/12/784/16/82, 47 FR 16331Except Section 5-211(3).
Section 5-221Prohibition of potentially polluting materials in fuel10/14/20115/22/2012, 77 FR 30212Approve revised Section 5-221(1).
Section 5-231Prohibition of particular matter12/15/163/19/18, 83 FR 11885Approving 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 5-241Prohibition of nuisance and odor1/25/7812/21/78, 43 FR 59496
Section 5-251Control of nitrogen oxides emissions2/8/20118/1/2016, 81 FR 50347Revised the applicability section.
Section 5-252Control of sulfur dioxide emissions2/8/20118/1/2016, 81 FR 50347Revised the applicability section.
Section 5-253.2Bulk Gasoline Terminals12/29/144/20/16, 81 FR 23167
Section 5-253.3Bulk Gasoline Plants12/29/144/20/16, 81 FR 23167
Section 5-253.4Gasoline tank trucks10/29/924/22/98, 63 FR 19825
Section 5-253.5Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities12/29/144/20/16, 81 FR 23167
Section 5-253.8Industrial Adhesives9/15/201811/26/2019, 84 FR 65011
Section 5-253.9Offset Lithographic and Letterpress Printing9/15/201811/26/2019, 84 FR 65011
Section 5-253.10Paper coating10/29/924/22/98, 63 FR 19825
Section 5-253.12Coating of Flat Wood Paneling9/15/201811/26/2019, 84 FR 65011
Section 5-253.13Coating of Miscellaneous Metal and Plastic Parts9/15/201811/26/2019, 84 FR 65011
Section 5-253.14Solvent metal cleaning7/29/934/22/98, 63 FR 19825
Section 5-253.15Cutback and emulsified asphalt8/2/944/22/98, 63 FR 19825
Section 5-253.16Wood Furniture Manufacturing12/15/163/19/18, 83 FR 11885Approving revisions for consistency with underlying federal regulations.
Section 5-253.17Industrial Solvent Cleaning9/15/201811/26/2019, 84 FR 65011
Section 5-253.20Other sources that emit volatile organic compounds7/5/20148/1/2016, 81 FR 50347Removed the exemption for surface coating of wood.
Section 5-261Control of hazardous air contaminants11/03/8102/10/82, 47 FR 6014.
Subchapter III. Ambient Air Quality Standards
Section 5-301Scope7/5/20148/1/2016, 81 FR 50347The air quality standard for sulfates is not part of the SIP.
Section 5-302Sulfur oxides (sulfur dioxide)7/5/20148/1/2016, 81 FR 50347Revision addresses the SO2 NAAQS adopted in 2010.
Section 5-303Reserved7/5/20148/1/2016, 81 FR 50347The secondary standard for SO2 is now contained in Section 5-302.
Section 5-304Particulate matter PM2.57/5/20148/1/2016, 81 FR 50347New section addresses the 2006 primary and secondary 24-hr standard and the 2013 primary annual standard for the PM2.5 NAAQS.
Section 5-306Particulate matter PM107/5/20148/1/2016, 81 FR 50347Removed the annual standard to be consistent with the 2006 PM10 NAAQS.
Section 5-307Carbon monoxide7/5/20148/1/2016, 81 FR 50347Clarified language to be consistent with EPA.
Section 5-308Ozone7/5/20148/1/2016, 81 FR 50347Revision addresses the Ozone NAAQS adopted in 2008.
Section 5-309Nitrogen Dioxide7/5/2014/8/1/16, 81 FR 50347Revision addresses the NO2 NAAQS adopted in 2010.
Section 5-310Lead7/5/20148/1/2016, 81 FR 50347Revision addresses the Lead NAAQS adopted in 2008.
Subchapter IV. Operations and Procedures
Section 5-401Classification of air contaminant sources2/8/20118/1/2016, 81 FR 50347Amended the source category for asphalt batch plants.
Section 5-402Written reports when requested2/8/20118/1/2016, 81 FR 50347
Section 5-403Circumvention12/10/7205/31/72, 37 FR 10842
Section 5-404Methods for sampling and testing of sources12/15/163/19/18, 83 FR 11885Approving revisions to provide required methods that must be followed when conducting a stack test.
Section 5-405Required air monitoring03/24/7902/19/80, 45 FR 10775
Section 5-406Required air modeling7/5/20148/1/2016, 81 FR 50347Clarified air dispersion modeling must be done in accordance with 40 CFR part 51, Appendix W.
Subchapter V. Review of New Air Contaminant Sources
Section 5-501Review of construction or modification of air contaminant sourcesDecember 15, 20163/19/18, 83 FR 11885Approving revisions to Section 5-501(9) to clarify applicability of local, state, or federal law.
Section 5-502Major stationary sources and major modifications12/15/163/19/18, 83 FR 11885Approving 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.
Subchapter VII. Motor Vehicle Emissions
Section 5-701Removal of control devices03/24/7902/19/80, 45 FR 10775
Section 5-702Excessive smoke emissions from motor vehicles03/24/7902/19/80, 45 FR 10775
Section 5-801Effective date03/24/791/30/80, 45 FR 6781
Tables
Table 1Table 1—Process weight standards1/25/7812/21/78, 43 FR 59496
Table 2Table 2—PSD increments7/5/20149/14/2016, 81 FR 63104Added increment thresholds for PM2.5.
Table 3Table 3—Levels of significant impact7/5/20149/14/2016, 81 FR 63104Added levels for PM2.5.
Subchapter VIII. Registration of Air Contaminant Sources
Sections 5-801Definitions4/20/881/10/95, 60 FR 2524
Sections 5-802Requirement for registration4/20/881/10/95, 60 FR 2524
Section 5-803Registration procedure4/20/881/10/95, 60 FR 2524
Section 5-804False or misleading information4/20/881/10/95, 60 FR 2524
Section 5-805Commencement or recommencement of operation4/20/881/10/95, 60 FR 2524
Section 5-806Transfer of Operation4/20/881/10/95, 60 FR 2524
Statutes and Executive Orders
10 V.S.A. section 554 of the Vermont StatutesPowers11/02/20156/27/2017, 82 FR 29007Provides 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 StatutesConfidential records; penalty11/21/20166/27/2017, 82 FR 29007Confidential 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 19-17Executive Code of Ethics12/4/20176/4/2020, 85 FR 34358Prohibits 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.

(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 provisionsAOP-14-0379/30/201711/26/2019, 84 FR 65011
Killington/Pico Ski Resort Partners, LLC. Operating Permit RACT provisionsAOP-14-0032/15/201811/26/2019, 84 FR 65011
Okemo Limited Liability Company Operating Permit RACT provisionsAOP-14-0342/15/201811/26/2019, 84 FR 65011
Simpson Paper Company, Centennial Mill in Gilman, VermontEnvrionmental Protection Regulations, Chapter 5, Air Pollution Control, Subchapter II. Section 5-251(2)1/4/954/9/97, 45 FR 17084Administrative orders for Simpson Paper Company, in Gilman, Vermont, adopted and effective on January 4, 1995.
U.S. Samaica Corporation, in Rutland, VTEnvrionmental Protection Regulations, Chapter 5, Air Pollution Control, Subchapter II. Section 5-253.201/4/954/9/97, 45 FR 17084Administrative orders for U.S. Samaica Corporation, in Rutland, Vermont, adopted and effective on January 4, 1995.

(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 hearingStatewideSubmitted 02/03/7206/15/72, 37 FR 11914(c)(1) Vermont Agency of Environmental Conservation.
Miscellaneous non-regulatory revisions to the planSubmitted 02/25/725/31/72, 37 FR 10842(c)(2) Vermont Agency of Environmental Conservation.
Miscellaneous non-regulatory revisions to the planSubmitted 03/03/751/21/76, 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 CSubmitted 03/21/79, and 11/21/791/30/80, 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 1977Submitted 03/21/79, 11/21/79, 11/27/79, and 12/19/7902/19/80, 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 activitiesSubmitted 03/28/8009/09/80, 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 leadSubmitted 06/24/80, and 11/07/8003/18/81, 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 networkSubmitted 3/21/7910/8/80, 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 4/15/8607/17/87, 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 narrativeSubmitted 12/07/90, and 1/10/9103/05/91, 56 FR 9175(c)(20) State of Vermont Air Quality Implementation Plan dated November 1990.
State Implementation Plan narrativeSubmitted 08/09/931/10/95, 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 PlanSubmitted 02/03/93, 08/09/93, and 08/10/944/22/98, 63 FR 19825(c)(25) State of the State Vermont: Air Quality Implementation Plan dated August 1993.
Revisions to the State Implementation PlanSubmitted 08/03/9807/10/00, 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 StandardStatewideSubmitted 11/14/200811/26/2019, 84 FR 65011Certain 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 regulationStatewideSubmitted 11/22/20067/19/2011 , 76 FR 42560
Vermont Regional Haze SIP and its supplementStatewide8/26/2009; supplement submitted 1/3/20125/22/2012, 77 FR 30212
Transport SIP for the 2008 Ozone StandardStatewideSubmitted 11/2/201510/13/2016, 81 FR 70633State 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 StandardStatewideSubmitted 4/15/20094/10/2017, 82 FR 17127State 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 StandardsStatewideSubmitted 4/15/20094/10/2017, 82 FR 17127State 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 StandardsStatewideSubmitted 05/21/20104/10/2017, 82 FR 17127State 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 PM2.5 NAAQSStatewide02/18/20096/27/2017, 82 FR 29007Approved submittal, except for certain aspects relating to PSD which were conditionally approved.
Infrastructure SIP for 1997 PM2.5 NAAQSStatewide12/15/163/19/18, 83 FR 11885Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved.
Infrastructure SIP for 1997 ozone NAAQSStatewide12/15/163/19/18, 83 FR 11885Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved.
Infrastructure SIP for 2006 PM2.5 NAAQSStatewide12/15/163/19/18, 83 FR 11885Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved.
Infrastructure SIP for the 2008 Lead NAAQSStatewide12/15/163/19/18, 83 FR 11885Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved.
Infrastructure SIP for 2008 ozone NAAQSStatewide12/15/163/19/18, 83 FR 11885Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved.
Infrastructure SIP for the 2010 NO2 NAAQSStatewide12/15/163/19/18, 83 FR 11885Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully approved.
Infrastructure SIP for the 2010 SO2 NAAQSStatewide12/15/163/19/18, 83 FR 11885Certain 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 SO2 NAAQSStatewide11/2/20158/1/2018
83 FR 37436
Approved submittal meets the requirements of Section 110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS
Vermont Regional Haze Five-Year Progress ReportStatewideSubmitted 2/29/201612/18/2017, 82 FR 59971
Submittals to meet Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQSStatewide10/31/20159/6/2018, 83 FR 45196These 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 StandardsStatewideSubmitted 9/6/201811/26/2019, 84 FR 65011
Submittal to meet Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone NAAQSStatewide11/19/20196/4/2020, 85 FR 34358This 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.
[65 FR 54415, Sept. 8, 2000, as amended at 68 FR 34809, June 11, 2003; 71 FR 14390, Mar. 22, 2006; 76 FR 49672, Aug. 11, 2011; 73 FR 42566, July 19, 2011; 77 FR 30213, May 22, 2012; 77 FR 60909, Oct. 5, 2012; 81 FR 23167, Apr. 20, 2016; 81 FR 50347, Sept. 23, 2016; 81 FR 63104, Sept. 14, 2016; 81 FR 70633, Oct. 13, 2016; 82 FR 17127, Apr. 10, 2017; 82 FR 29007, June 27, 2017; 82 FR 59971, Dec. 18, 2017; 83 FR 11885, Mar. 19, 2018; ; 83 FR 37436, Aug. 1 2018; 83 FR 45196, Sept. 6, 2018; 84 FR 65011, Nov. 26, 2019; 85 FR 34358, June 4, 2020]
§ 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 InterstateIIIIIIIIIIIIII
Vermont IntrastateIIIIIIIIIIIIII
[37 FR 10898, May 31, 1972, as amended at 45 FR 10782, Feb. 19, 1980; 82 FR 29007, June 27, 2017]
§ 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]

[75 FR 82562, Dec. 30, 2010, as amended at 77 FR 60910, Oct. 5, 2012]
§ 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.

[37 FR 10899, May 31, 1972, as amended at 40 FR 55333, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986; 82 FR 29009, July 27, 2017]
§ 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
SO2 PM10 NOX CO O3
Primary Secondary
Champlain Valley Interstate—Chittenden County:
Champlain Valley Air Management Area:
Essex Town (including Essex Jct.)aaaabb
Burlington Cityaaaabb
South Burlington Cityaaaabb
Winooskiaaaabb
Remainder of Air Management Areaaaaabb
Remainder of Countyaaaaab
Vermont Valley Air Management Areaaaaaaa
Addison Countyaaaaab
Remainder of AQCRaaaaaa
Vermont Interstate:
Central Vermont Air Management Area:
Barre Cityaaaaaa
Remainder of Air Management Areaaaaaaa
Windsor Countyaaaaab
Remainder of AQCRaaaaaa

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.

[45 FR 10782, Feb. 19, 1980; 46 FR 33525, June 30, 1981, as amended at 62 FR 41869, Aug. 4, 1997]
§ 52.2376 - Identification of plan-conditional approvals.

(a) Conditional approvals. (1) 1997 fine particulate (PM2.5) National Ambient Air Quality Standards (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 NOX and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.

(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 NOX and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.

(3) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on May 21, 2010, 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 NOX and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.

(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 NOX and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.

(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 NOX and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.

(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 NOX and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.

(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 NOX and VOC as precursor pollutants to ozone in defining a “significant” increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD.

(b) [Reserved]

[82 FR 29009, June 27, 2017]
§ 52.2377 - Review of new sources and modifications.

Regulation 5-501(3) entitled “Default Permits” is disapproved.

[45 FR 10782, Feb. 19, 1980]
§ 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).

[51 FR 42221, Nov. 24, 1986]
§ 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.

[45 FR 6784, Jan. 30, 1980]
§ 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 Federal Register citation Section 52.2370 Comments and unapproved sections
Chapter 5 Air Pollution Control
Subchapter I Definitions
Section 5-101 Definitions12/10/725/31/7237 FR 10899(b)
12/10/725/14/7338 FR 12713(c)(3)
11/19/733/22/7641 FR 11819(c)(5)
12/16/741/21/7641 FR 3085(c)(4)
1/25/7812/21/7843 FR 59496(c)(8)All of 5-101 (1-42) approved.
8/12/784/16/8247 FR 16331(c)(16)Related to wood-fired boilers.
3/24/791/30/8045 FR 6781(c)(9)Related to PSD.
11/4/792/19/8045 FR 10775(c)(10)All of 5-101 (1-62) approved.
11/3/812/10/8247 FR 6014(c)(15)
9/17/867/17/8752 FR 26982(c)(19) Related to visibility in Class I areas. 5-101(3), (14), (21), (59), and (76) approved.
7/9/934/9/9762 FR 17087(c)(22)Adds definition of reasonably available control technology (RACT).
10/29/92 7/29/934/22/9863 FR 19828(c)(25)Add definitions associated with VOC RACT rules.
Subchapter II Prohibitions
Section 5-201 Open burning prohibited12/10/725/31/7237 FR 10899(b)
1/25/7812/21/7843 FR 59496(c)(8)
Section 5-202 Permissible open burning12/10/72
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 wood12/10/72
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 contaminants12/10/72
1/25/78
5/31/72
12/21/78
37 FR 10899
43 FR 59496
(b)
(c)(8)

5-211 (1)(2) approved.
8/12/784/16/8247 FR 16331(c)(16)5-211 (3) not approved.
Section 5-221 Prohibition of potentially polluting materials in fuel12/10/72
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.
7/12/762/4/7742 FR 6811(c)(6)
1/25/7812/21/7843 FR 59496(c)(8)
Section 5-231 Prohibition of particulate matter12/10/72
12/10/72
5/31/72
5/14/73
37 FR 10899
38 FR 12713
(b)
(c)(3)
11/19/733/22/7641 FR 11819(c)(5)Regarding incinerators.
12/16/741/21/7641 FR 3085(c)(4)Regarding combustion contaminants.
7/12/762/4/7742 FR 6811(c)(6)Regarding incinerators asphalt plants.
3/14/778/2/7843 FR 33918(c)(7)Regarding wood processing plants.
1/25/7812/21/7843 FR 59496(c)(8)
8/12/784/16/8247 FR 16331(c)(16)Except Cersosimo Lumber, Rutland Plywood, Moran Sta.
11/13/812/10/8247 FR 6014(c)(15)Repealed 5-231 (4).
8/23/8348 FR 38235(c)(17)Approved for Cersosimo Lumber.
2/26/8550 FR 7767(c)(18)Approved for Rutland Plywood.
Section 5-241 Prohibition of nuisance and odor12/10/72
11/19/73
5/31/72
3/22/76
37 FR 10899
41 FR 11819
(b)
(c)(5)
1/25/7812/21/7843 FR 59496(c)(8)
Section 5-251 Control of nitrogen oxides emissions12/10/72
1/25/78
5/31/72
12/21/78
37 FR 10899
43 FR 59496
(b)
(c)(8)
3/25/792/19/8045 FR 10775(c)(10)
11/4/792/19/8045 FR 10775(c)(10)
7/9/934/9/9762 FR 17087(c)(22)Requires RACT for major stationary sources of NOX.
1/4/954/9/9762 FR 17087(c)(22)NOX RACT for Simpson Paper Company's Gilman facility.
Section 5-252 Control of sulfur dioxide emissions7/12/76
1/25/78
2/4/77
12/21/78
42 FR 6811
43 FR 59496
(c)(6)
(c)(8)
3/24/792/19/8045 FR 10775(c)(10)
11/4/792/19/8045 FR 10775(c)(10)
Section 5-253 Control of volatile organic compounds7/9/934/9/9762 FR 17087(c)(22)Requires RACT at non-CTG VOC sources.
1/4/954/9/9762 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.10/29/924/22/9863 FR 19829(c)(25)
Section 5-253.2 Bulk Gasoline Terminals10/29/924/22/9863 FR 19829(c)(25)
Section 5-253.3 Bulk Gasoline Plants.10/29/924/22/9863 FR 19829(c)(25)
Section 5-253.4 Gasoline Tank Trucks.10/29/924/22/9863 FR 19829(c)(25)
Section 5-253.5 Stage I vapor recovery controls at gasoline dispensing facilities.10/29/924/22/9863 FR 19829(c)(25)
Section 5-253.10 Paper Coating.10/29/924/22/9863 FR 19829(c)(25)
Section 5-253.12 Coating of Flatwood Paneling.10/29/924/22/9863 FR 19829(c)(25)
Section 5-253.13 Coating of Miscellaneous Metal Parts.7/29/934/22/9863 FR 19829(c)(25)
Section 5-253.14 Solvent Metal Cleaning.7/29/934/22/9863 FR 19829(c)(25)
Section 5-253.15 Cutback and Emulsified Asphalt.8/2/944/22/9863 FR 19829(c)(25)
Section 5-261 Control of hazardous air contaminants11/3/812/10/8247 FR 6014(c)(15)
Subchapter III Ambient Air Quality Stds
Section 5-301 Scope12/10/725/31/7237 FR 10899(b)
3/24/792/19/8045 FR 10775(c)(10)
12/15/903/5/9156 FR 9177(c)(20)
Section 5-302 Sulfur dioxide primary12/10/725/31/7237 FR 10899(b)
7/12/762/4/7742 FR 6811(c)(6)
3/24/792/19/8045 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)
3/24/792/19/8045 FR 10775(c)(10)
Section 5-304: PM10 Primary Standards11/908/1/9762 FR 41282(c)(23)Removal of the TSP standard and establishment of the PM10 standard.
Section 5-305: PM10 Secondary Standards11/908/1/9762 FR 41282(c)(23)Removal of the TSP standard and establishment of the PM10 standard.
Section 5-306 Carbon monoxide primary/secondary12/10/72
11/19/73
5/31/72
3/22/76
37 FR 10899
41 FR 11819
(b)
(c)(5)
3/24/792/19/8045 FR 10775(c)(10)
Section 5-307 Ozone primary/secondary12/10/72
12/16/74
5/31/72
1/21/76
37 FR 10899
41 FR 3085
(b)
(c)(4)
3/24/792/19/8045 FR 10775(c)(10)
Section 5-308 Lead (primary/secondary)11/3/812/10/8247 FR 6014(c)(15)
Section 5-309 Nitrogen dioxide primary/secondary12/15/903/5/9156 FR 9177(c)(20)
Subchapter IV Operations/Procedures
Section 5-401 Classification of air contaminant sources3/24/792/19/8045 FR 10775(c)(10)
Section 5-402 Written reports when requested12/10/72
12/10/72
5/31/72
5/14/73
37 FR 10899
38 FR 12713
(b)
(c)(3)
11/19/733/22/7641 FR 11819(c)(5)
3/24/792/19/8045 FR 10775(c)(10)5-402(1) only.
Section 5-403 Circumvention12/10/725/31/7237 FR 10899(b)
Section 5-404 Methods for sampling and testing of sources12/10/72
1/25/78
5/31/72
12/21/78
37 FR 10899
43 FR 59496
(b)
(c)(8)
3/24/782/19/8045 FR 10775(c)(10)
Section 5-405 Required air monitoring12/10/725/31/7237 FR 10899(b)
3/24/791/30/8045 FR 6781(c)(9)For PSD Plan.
3/24/792/19/8045 FR 10775(c)(10)For NSR Plan.
Section 5-406 Required air modeling3/24/791/30/8045 FR 6781(c)(9)For PSD Plan.
3/24/792/19/8045 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 sources12/10/72
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)
3/24/791/30/8045 FR 6781(c)(9)Except 5-501(3).
11/4/792/19/8045 FR 10775(c)(10)Except 5-501(3).
11/3/812/10/8247 FR 6014(c)(15)
9/17/867/17/8752 FR 26982(c)(19)Related to visibility in Class I areas. 5-501(4) approved.
Section 5-502 Major stationary sources and major modifications3/24/79
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).
11/3/812/10/8247 FR 6014(c)(15)
9/17/867/17/8752 FR 26982(c)(19)Related to visibility in Class I areas. 5-502 (4)(d) and (4)(e) approved.
7/14/958/4/9762 FR 41870(c)(24)
Subchapter VII Motor vehicle emissions
Section 5-701 Removal of control devices12/10/72
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 vehicles12/10/72
3/24/79
5/31/72
2/19/80
37 FR 10899
45 FR 10775
(b)
(c)(10)
Section 5-801 Effective date3/24/791/30/8045 FR 6781(c)(9)
Table 1—Process weight standards12/10/725/31/7237 FR 10899(b)
1/25/7812/21/7843 FR 59496(c)(8)
Figure 1—Fuel-burning equipment12/10/725/31/7237 FR 10899(b)
7/12/762/4/7742 FR 6811(c)(6)
1/25/7812/21/7843 FR 59496(c)(8)
Table 2—PSD increments3/24/791/30/8045 FR 6781(c)(9)
12/15/903/5/9156 FR 9177(c)(20)Addition of NO2 increments for Class I, II, and III areas.
Table 3—Levels of significant impact for nonattainment areas3/24/79
11/4/79
2/19/80
2/19/80
45 FR 10775
45 FR 10775
(c)(10)
(c)(10)
11/3/812/10/8247 FR 6014(c)(15)
Definitions4/20/881/10/9560 FR 2527(c)(21)
Section 5-802, Requirement for Registration4/20/881/10/9560 FR 2527(c)(21)
Section 5-803, Registration Procedure4/20/881/10/9560 FR 2527(c)(21)
Section 5-804, False or Misleading Information4/20/881/10/9560 FR 2527(c)(21)
Section 5-805, Commencement or Recommencement of Operation4/20/881/10/9560 FR 2527(c)(21)
Sections 5-806, Transfer of Operation4/20/881/10/9560 FR 2527(c)(21)
[49 FR 46142, Nov. 23, 1984, as amended at 50 FR 7768, Feb. 26, 1985; 50 FR 23810, June 6, 1985; 52 FR 26982, July 17, 1987; 56 FR 9177, Mar. 5, 1991; 60 FR 2527, Jan. 10, 1995; 62 FR 17087, Apr. 9, 1997; 62 FR 41282, Aug. 1, 1997; 62 FR 41870, Aug. 4, 1997; 63 FR 19828, Apr. 22, 1998; 63 FR 23501, Apr. 29, 1998]
§ 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.

[45 FR 10782, Feb. 19, 1980, as amended at 45 FR 59315, Sept. 9, 1980; 46 FR 66789, Oct. 8, 1980; 46 FR 16897, Mar. 16, 1981; 50 FR 28553, July 12, 1985; 82 FR 29009, June 27, 2017]
§ 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.

[51 FR 5505, Feb. 13, 1986, as amended at 82 FR 3129, Jan. 10, 2017]
§ 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 FR 49407, Dec. 31, 1987]
§ 52.2385 - Requirements for state implementation plan revisions relating to new motor vehicles.

Vermont must comply with the requirements of § 51.120.

[60 FR 4738, Jan. 24, 1995]
§ 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 PM10 standard.

(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.

[37 FR 10898, May 31, 1972. Redesignated and amended at 65 FR 54415, Sept. 8, 2000] Editorial Note:For Federal Register citations affecting § 52.2386, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
cite as: 40 CFR 52.2386