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. |