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 Regulations

Proposed Amendments to the Air Pollution Control Regulations, Low Emission Vehicle and Zero Emission Vehicle Regulations: The Agency is proposing an amendment to its low emission vehicle (LEV) and zero emission vehicle (ZEV) 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/ZEV rules to remain consistent with California’s emission standards. The Agency proposes to amend its existing rules by adopting California's Advanced Clean Cars II (which amends Advanced Clean Cars I, currently in effect), Advanced Clean Trucks, Low NOx (oxides of nitrogen) Heavy-Duty Omnibus, and the Phase 2 Greenhouse Gas Rule. The Low Emission Vehicle Rules set standards for emissions of criteria air pollutants and greenhouse gases from passenger cars, light-duty trucks, and medium- and heavy-duty vehicles and engines that are delivered for sale or placed in service in Vermont. The Zero Emission Vehicle Rules set standards that ultimately require auto manufacturers to deliver more electric vehicles to Vermont. Lower emitting and electric vehicle technology will save Vermonters money, improve public health and air quality, and help to mitigate the impacts of climate change. These amendments will incorporate these changes into the Vermont LEV/ZEV rules, which are being removed from CVR 12-031-001 and moved to a new Chapter of the Department of Environmental Conservation rules (CVR 12-030-040).

On September 6, 2022, the Agency held a stakeholder information session on the proposed medium- and heavy-duty vehicle regulations. Materials from the medium- and heavy-duty vehicle stakeholder meeting are provided below:

Included in the table below, the Agency held two formal public hearings and four additional public events to satisfy provisions in Vermont’s Global Warming Solutions Act. Visit climatechange.vermont.gov for information about additional events. Public comments may be submitted to anr.declevzev@vermont.gov.

Proposed Draft Rule Clean Text

Proposed Rule Administrative Procedure Act Forms

Proposed Rule Summary Document

Proposed Rule Supplemental Information

Recording of Public Hearing, September 23, 2022

Rulemaking Schedule for Proposed Amendments to Air Pollution Control Regulations

Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) 06/24/2022
Received ICAR approval of proposed rule 08/08/2022
Filed 'proposed rule' with Secretary of State 08/12/2022
Public notice posted online by Secretary of State 08/17/2022
Public notice published in newspapers by Secretary of State 08/25/2022
Public Meetings

1. Park House, 340 Rec Road, Manchester Center, VT

2. Gateway Center, First Floor, 84 Fyfe Drive, Newport, VT

3. Burlington Old North End, (O.N.E.) Community Center, First Fl, 20 Allen St, Burlington, VT

4. Bellows Falls Opera House, Lower Theatre, 7 Square, Bellows Falls, VT

 

 

 

 

 

09/07/2022 6:00 pm

09/08/2022 6:00 pm

09/14/2022 6:00 pm

09/15/2022 6:00 pm

Public Hearings

1. Aldrich Public Library, Milne Room, 6 Washington St, Barre, VT

2. Virtual Hearing, Zoom

Recording of Public Hearing

Public comments may be submitted to anr.declevzev@vermont.gov.

 

 

 

 

 

09/21/2022 5:00 pm

09/23/2022 12:00 pm

 

 

End of public comment period 09/30/2022
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State TBD
LCAR review & approval TBD
Filed final 'adopted rule' with Secretary of State TBD
Rule effective date TBD

 

Proposed Amendments to the Air Pollution Control Regulations, Wood Heater Regulations:  The Agency is proposing amendments to its wood heater regulations to create a new framework for controlling emissions from wood heaters of all sizes in Vermont. It amends the threshold for EPA certification of smaller sized wood heaters, adds a new size category for midsized wood heaters, and lowers the size threshold for wood heating installations that need to obtain an air pollution control permit to be constructed and operated in Vermont. Per Act 50 (2019), the Agency has also allowed for an alternative compliance mechanism for non-residential medium-sized wood heaters to allow manufacturers and installers more flexibility in complying with the rule.

Proposed Draft Rule Annotated Text

Proposed Draft Rule Clean Text

Proposed Rule Administrative Procedure Forms

Proposed Rule Technical Support Document

 

Recently Adopted Regulations

New rule regarding the phase-down of the use of Hydrofluorocarbons (HFCs): The Agency has adopted a new rule to achieve greenhouse gas emissions reductions through the phase out of high global warming potential hydrofluorocarbons (HFCs) in air conditioning and refrigeration equipment, aerosol propellants, and foam end-uses. Pursuant to Act 65 (2019), the Agency was directed to adopt these rules to codify the phase-down requirements in Act 65 and to consider and adopt any modifications to the phase-down timelines so long as those modifications comply with the criteria in Act 65.

A virtual public meeting was held on July 30, 2020 at 3pm. Written comments were due by August 6, 2020.

Proposed Draft Rule Clean Text

Proposed Rule Administrative Procedures Forms

Proposed Rule Technical Support Document

Final Proposed Rule Package

Adopted Rule Forms

Final Adopted Rule

Rulemaking Schedule for New Proposed Rule Regarding the Phase-down of the Use of HFCs

Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) 05/21/2020
Received ICAR approval of proposed rule 06/08/2020
Filed 'proposed rule' with Secretary of State 06/22/2020
Public notice posted online by Secretary of State 06/24/2020
Public notice published in newspapers by Secretary of State 07/09/2020
Public Hearing 07/30/2020
End of public comment period 08/06/2020
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 11/16/2020
LCAR review & approval 11/16/2020
Filed final 'adopted rule' with Secretary of State 11/30/2020
Rule effective date 12/15/2020

 

Proposed Amendments to the Air Pollution Control Regulations, Low Emission Vehicle Regulations: The Agency is proposing an amendment 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. California is amending its rules to clarify that vehicle manufacturers may not substitute compliance with federal greenhouse gas (GHG) emissions standards in order to comply with California GHG emissions standards. These amendments will incorporate this change into the Vermont LEV rules.

Proposed Draft Rule Annotated Text

Proposed Draft Rule Clean Text

Proposed Rule Administrative Procedures Forms

Final Proposed Rule Administrative Procedures Forms

Final Adopted Rule

Rulemaking Schedule for Proposed Amendments to Air Pollution Control Regulations

Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) 08/27/2018
Received ICAR approval of proposed rule 09/10/2018
Filed 'proposed rule' with Secretary of State 09/14/2018
Public notice posted online by Secretary of State 09/19/2018
Public notice published in newspapers by Secretary of State 09/27/2018
Public Hearing Dept. of Environmental Conservation, National Life Building, Montpelier, VT 10:00 am

10/22/2018

End of public comment period 10/29/2018
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 11/09/2018
LCAR review & approval 11/29/2018
Filed final 'adopted rule' with Secretary of State 12/13/2018
Rule effective date 12/31/2018

Proposed Amendments to the Air Pollution Control Regulations, including Control of Volatile Organic Compounds: These amendments address updates to regulations pertaining to the control of emissions from sources of volatile organic compounds (VOCs), as prescribed by the Clean Air Act 2008 Ozone Standards and required to be included in Vermont's State Implementation Plan. 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 revisions to Vermont's State Implementation Plan (SIP) in compliance with the Clean Air Act (CAA).

Proposed Draft Rule Annotated Text

Proposed Draft Rule Clean Text

Proposed Rule Administrative Procedures Forms

Final Proposed Rule Administrative Procedures Forms

Final Adopted Rule

Rulemaking Schedule for Proposed Amendments to Air Pollution Control Regulations

Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) 04/27/2018
Received ICAR approval of proposed rule 05/14/2018
Filed 'proposed rule' with Secretary of State 05/16/2018
Public notice posted online by Secretary of State 05/23/2018
Public notice published in newspapers by Secretary of State 05/31/2018
Public Hearing Dept. of Environmental Conservation, National Life Building, Montpelier, VT 11:00 am

07/09/2018

End of public comment period 07/16/2018
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 08/01/2018
LCAR review & approval 08/23/2018
Filed final 'adopted rule' with Secretary of State 08/31/2018
Rule effective date 09/15/2018

Proposed Amendment to the Vermont CO2 Budget Trading Program Regulations: The proposed rule amends the Vermont CO2 Budget Trading Program Regulations which implement the Regional Greenhouse Gas Initiative (RGGI) in Vermont. The amendments reflect revisions agreed to by the RGGI states (CT, DE, ME, MD, MA, NH, NY, RI and VT) to the RGGI model rule made during the most recent program review, most notably establishing a regional emissions cap of 75,147,784 short tons for 2021, declining by 2,275,000 short tons a year through 2030, resulting in a 30% reduction in the regional cap from 2020 to 2030. The amendments establish Vermont’s base CO2 budgets for 2021-2030; remove two of the five existing offset project categories; and make some minor technical changes and typographical corrections. Model rule changes regarding the allowance auction, including an additional budget adjustment for banked allowances, revision of the size of the cost containment reserve, and implementation of an emissions containment reserve will be implemented by the Public Utilities Commission.

Proposed Draft Rule Annotated Text

Proposed Draft Rule Clean Text

Proposed Rule Administrative Procedures Forms

Final Proposed Rule Administrative Procedures Forms

Final Adopted Rule

Rulemaking Schedule for Proposed Amendments to Vermont CO2 Budget Trading Program Regulations

Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) 04/27/2018
Received ICAR approval of proposed rule 05/14/2018
Filed 'proposed rule' with Secretary of State 05/16/2018
Public notice posted online by Secretary of State 05/23/2018
Public notice published in newspapers by Secretary of State 05/31/2018
Public Hearing Dept. of Environmental Conservation, National Life Building, Montpelier, VT 11:00 am

07/09/2018

End of public comment period 07/16/2018
Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State 08/01/2018
LCAR review & approval 08/23/2018
Filed final 'adopted rule' with Secretary of State 08/31/2018
Rule effective date 09/15/2018

Proposed Amendments to the Air Pollution Control Regulations, Wood Heater Regulations: The Agency is proposing amendments to its wood heater regulations to create a new framework for controlling emissions from wood heaters of all sizes in Vermont. It amends the threshold for EPA certification of smaller sized wood heaters, adds a new size category for midsized wood heaters, and lowers the size threshold for wood heating installations that need to obtain an air pollution control permit to be constructed and operated in Vermont. Per Act 50 (2019), the Agency has also allowed for an alternative compliance mechanism for non-residential medium-sized wood heaters to allow manufacturers and installers more flexibility in complying with the rule.

Proposed Draft Rule Annotated Text

Proposed Draft Rule Clean Text

Proposed Rule Administrative Procedure Forms

Proposed Rule Technical Support Document