Recently Adopted and Proposed Regulations

This web page is intended to provide information on proposed regulatory changes to the Vermont Air Pollution Control Regulations. The adoption of new regulations or amendments of existing regulations are subject to the administrative rule adoption procedures of  Title 3 Vermont Statutes Annotated Chapter 25 (Administrative Procedures Act or "APA") governed by the Secretary of State.  The APA requires an Agency proposing regulatory amendments to follow certain steps and complete several forms detailing the proposed amendments.

Proposed Amendments to the Air Pollution Control Regulations, including Percholorethylene Dry Cleaners, Wood Heaters, Source Registration, and miscellaneous changes to the Vermont State Implementation Plan: These amendments to the Air Pollution Control Regulations address a wide variety of house-keeping and substantive issues, including amendments as required by the Environmental Protection Agency (EPA) to be included in Vermont's State Implementation Plan. The amendments will also include updates to the Air Quality and Climate Division's administration of the air contaminant source registration program, updates to the perchloroethylene dry cleaning rules, and an expansion in the scope of the outdoor wood fired boiler (OWB) rule to include wood stoves and other central wood heaters certified by EPA. The public comment period and hearing for this rule will also serve as the comment period and hearing required under 40 C.F.R. §51.102 for corresponding revision to Vermont's State Implementation Plan (SIP) to comply with the Clean Air Act (CAA).

Proposed Draft Rule Annotated Text

Proposed Draft Rule Clean Text

Proposed Rule Administrative Procedures Forms

Final Proposed Rule Annotated Text

Final Proposed Rule Administrative Procedure Forms

FInal Adopted Rule

Rulemaking Schedule for Proposed Amendments to Air Pollution Control Regulations

Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) 6/29/16
Received ICAR approval of proposed rule 7/11/16
Filed 'proposed rule' with Secretary of State 7/15/16
Public notice posted online by Secretary of State 7/20/16
Public notice published in newspapers by Secretary of State 7/28/16
Public Hearing Pavilion Auditorium, Montpelier, VT 6:00 pm

8/29/16

End of public comment period 9/9/16
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 10/4/16
LCAR review & approval 11/17/16
Filed final 'adopted rule' with Secretary of State 11/30/16
Rule effective date 12/15/16

Amendments to the Air Pollution Control Regulations regarding gasoline vapor recovery: These amendments to the Air Pollution Control Regulations (APCR) will clarify and provide additional flexibility to several definitions relating to gasoline storage and distribution, clarify requirements in the existing Stage I vapor recovery regulation and will improve the consistency of the APCR with federal requirements for gasoline dispensing facilities. The amendments will help to ensure that reduction in the emissions of gasoline vapors containing volatile organic compounds (VOCs) and hazardous air contaminants (HACs) targeted by the existing Stage I regulation are maintained and enhanced. The public comment period and hearing for this rule will also serve as the comment period and hearing required under 40 C.F.R. §51.102 for corresponding revision to Vermont's State Implementation Plan (SIP) to comply with the Clean Air Act (CAA).

Proposed Rule Annotated Text

Proposed Rule Administrative Procedures Forms

Proposed Rule Clean Text

Final Proposed Rule

Final Adopted Rule

Rulemaking Schedule for Proposed Amendments to Air Pollution Control Regulations

Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) 8/26/14
Received ICAR approval of proposed rule 9/8/14
Filed 'proposed rule' with Secretary of State 9/17/14
Public notice posted online by Secretary of State 9/24/14
Public notice published in newspapers by Secretary of State 10/2/14
Public Hearing Pavilion Auditorium, Montpelier, VT 6:00 pm 10/29/14
End of public comment period 11/5/14
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 11/19/14
LCAR review & approval 12/4/14
Filed final 'adopted rule' with Secretary of State 12/12/14
Rule effective date 12/29/14

Amendments to Subchapter III Ambient Air Quality Standards, Vermont Air Pollution Control Regulations: The Agency of Natural Resources, through the Air Quality and Climate Division in the Department of Environmental Conservation, is proposing amendments to Subchapter III Ambient Air Quality Standards and several other minor amendments to the Vermont Air Pollution Control Regulations noted below. The primary purpose of this rulemaking is to update Vermont's ambient air quality standards for particulate matter, oxides of nitrogen, sulfur dioxide, ozone, and lead to make them consistent with the National Ambient Air Quality Standards (NAAQS), which Vermont is required to meet under the federal Clean Air Act (CAA). Minor clarifying amendments are also proposed for the permitting regulations. A minor amendment is also proposed for used oil combustion, truing up the rule with Vermont Hazardous Waste Management Rules and setting a new throughput threshold. A minor amendment is also proposed to clarify that most sources less than five tons per year of emissions do not require a permit.

A public hearing on the proposed amendments will be held on Monday February 3rd at 6:00 PM at the Auditorium in the Pavillion Office Building, 109 State Street, Montpelier, Vermont. The deadline for comments is Monday, February 10th. The public comment period and hearing for this rule will also serve as the comment period and hearing under 40 C.F.R. § 51.102 for corresponding revisions to Vermont's State Implementation Plan (SIP) to comply with the CAA.

Proposed Rule Annotated Text

Proposed Rule Administrative Procedures Forms

Final Proposed Rule Annotated Text (as submitted to LCAR)

Final Proposed Rule Administrative Procedures Forms (as submitted to LCAR)

Final Adopted Rule Annotated Text (unchanged from LCAR submittal)

Final Adopted Rule Administrative Procedures Forms

Rulemaking Schedule for Proposed Amendments to Air Pollution Control Regulations

Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) 11/21/13
Received ICAR approval of proposed rule 12/9/13
Filed 'proposed rule' with Secretary of State 12/18/13
Public notice posted online by Secretary of State 12/25/13
Public notice published in newspapers by Secretary of State 1/2/14
Public Hearing Pavilion Auditorium, Montpelier, VT 6:00 pm 2/3/14
End of public comment period 2/10/14
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 5/23/14
LCAR review & approval 6/12/14
Filed final 'adopted rule' with Secretary of State 6/20/14
Rule effective date 7/5/14

Amendments to Subchapter XI, Low Emission Vehicle Program, Vermont Air Pollution Control Regulations : The Agency of Natural Resources, through the Air Quality and Climate Division in the Department of Environmental Conservation,  adopted  amendments to its low emission vehicle (LEV) rules, which incorporate by reference California’s motor vehicle emission standard regulations.  Vermont first adopted California’s vehicle emission standards in 1996, and the Agency periodically amends its LEV rules to remain consistent with California’s emission standards.  These amendments to Vermont’s LEV rules adopt the next generation of Zero Emission Vehicle (ZEV) requirements for model years 2018-2025 and minor revisions to clarify existing requirements.

Adopted Rule Documents

Rulemaking Schedule for Proposed Amendments to Air Pollution Control Regulations

Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) 6/21/13
Received ICAR approval of proposed rule 7/8/13
Filed 'proposed rule' with Secretary of State 7/24/13
Public notice posted online by Secretary of State 7/31/13
Public notice published in newspapers by Secretary of State 8/8/13
Public Hearing Pavilion Auditorium, Montpelier, VT 6:00 pm 9/4/13
End of public comment period 9/11/13
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 10/30/13
LCAR review & approval 12/5/13
Filed final 'adopted rule' with Secretary of State 1/30/14
Rule effective date 2/14/14

Amendments to Vermont CO2 Budget Trading Program Regulations

The Agency of Natural Resources is proposing a rule to amend the Vermont CO2 Budget Trading Program Regulations, which implement the Regional Greenhouse Gas Initiative (RGGI) in Vermont, to reflect revisions made to the RGGI model rule. The RGGI states (CT, DE, ME, MD, MA, NH, NY, RI, and VT) updated the model rule to incorporate recommendations that resulted from a comprehensive program review, including a decision to lower the regional cap from 165 million tons to 91 million tons in 2014 and maintain a 2.5% annual cap reduction thereafter. The proposed amendments would modify Vermont's base CO2 budget for 2014-2020; establish interim control periods; expand the forest offset category to include reforestation, improved forest management, and avoided conversion; move existing offset project standards from a procedure into the rules; and make minor formatting changes and updates. Note that changes to the RGGI auction provisions are not included because the Public Service Board oversees the sale of and proceeds from CO2 allowances.

Documents relating to the rule amendments:

Proposed Rulemaking Forms for Vermont CO2 Budget Trading Program Regulations

Proposed Rule Amendments Annotated for Vermont CO2 Budget Trading Program

 Response to Comments on Proposed Rule

 Final Adopted Rule Text

Rulemaking Schedule for Proposed Amendments to Air Pollution Control Regulations

Proposed Rule Approved by Interagency Committee on Administrative Rules (ICAR) 6/10/13
Filed 'proposed rule' with Secretary of State 6/21/13
Public notice posted online by Secretary of State 6/26/13
Public notice published in newspapers by Secretary of State 7/4/13
Public Hearing Pavilion Auditorium, Montpelier, VT 6:00 pm 7/29/13
End of public comment period 8/5/13
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 9/5/13
LCAR approval 10/3/13
Filed final 'adopted rule' with Secretary of State 10/30/13
Rule effective date 11/14/13

Adopted Rule Amendments to Subchapter XI, Low Emission Vehicle Program, Vermont Air Pollution Control Regulations.

The Agency of Natural Resources, through the Air Pollution Control Division in the Department of Environmental Conservation, adopted amendments to its low emission vehicle (LEV) rules, which incorporate by reference California's motor vehicle emission standard regulations. Vermont first adopted California's vehicle emission standards in 1996, and the Agency periodically amends its LEV rules to remain consistent with California's emission standards. These amendments to Vermont's LEV rules adopt the next generation of motor vehicle emission standards for criteria pollutants for 2015-2025 model years and greenhouse gases for 2017-2025 model years; revised Zero Emission Vehicle requirements; improved vehicle labeling requirements; and amendments to the existing greenhouse gas standards for passenger vehicles. The amendments also include some minor administrative changes to update and clarify its LEV rules.

For documents relating to the rule amendments click the link below:

Documents for LEV III & ZEV Amendments

The schedule for adoption of the rule amendments is set forth below:

Rulemaking Schedule for Proposed Amendments to Air Pollution Control Regulations

Filed 'Proposed Rule' with Interagency Committee on Administrative Rules (ICAR) 7/26/12
Received ICAR approval of proposed rule 8/15/12
Filed 'proposed rule' with Secretary of State 8/17/12
Public notice posted online by Secretary of State 8/22/12
Public notice published in newspapers by Secretary of State 8/30/12
Public Hearing Pavilion Auditorium, Montpelier, VT 6:00 pm 9/24/12
End of public comment period 10/1/12
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 10/30/12
End of LCAR review period 11/29/12
Filed final 'adopted rule' with Secretary of State 12/13/12
Rule effective date 12/28/12