Title 40

SECTION 52.2370

52.2370 Identification of plan.

§ 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 5-101 Definitions 12/15/16 3/19/18, 83 FR 11885 Approving revisions made to definition for “significant” to include emissions of ozone precursors.
Subchapter II. Prohibitions
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 5-253.16 Wood Furniture Manufacturing 12/15/16 3/19/18, 83 FR 11885 Approving revisions for consistency with underlying federal regulations.
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 3/1/04 7/19/2011, 76 FR 42560 Adopted regulation establishing wood furniture manufacturing requirements.
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.
Subchapter III. Ambient Air Quality Standards
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 SO2 NAAQS adopted in 2010.
Section 5-303 Reserved 7/5/2014 8/1/2016, 81 FR 50347 The secondary standard for SO2 is now contained in Section 5-302.
Section 5-304 Particulate matter PM2.5 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 PM2.5 NAAQS.
Section 5-306 Particulate matter PM10 7/5/2014 8/1/2016, 81 FR 50347 Removed the annual standard to be consistent with the 2006 PM10 NAAQS.
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 NO2 NAAQS adopted in 2010.
Section 5-310 Lead 7/5/2014 8/1/2016, 81 FR 50347 Revision addresses the Lead NAAQS adopted in 2008.
Subchapter IV. Operations and Procedures
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.
Subchapter V. Review of New Air Contaminant Sources
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.
Subchapter VII. Motor Vehicle Emissions
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
Tables
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 PM2.5.
Table 3 Table 3 - Levels of significant impact 7/5/2014 9/14/2016, 81 FR 63104 Added levels for PM2.5.
Subchapter VIII. Registration of Air Contaminant Sources
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
Statutes and Executive Orders
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.

(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.

(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 PM2.5 NAAQS 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 PM2.5 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 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 PM2.5 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 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 NO2 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 SO2 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.
Transport Element of the Infrastructure SIP for the 2010 SO2 NAAQS 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 SO2 NAAQS
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 PM2.5 NAAQS 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.
[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]