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

Amendments to the Low Emission Vehicle and Zero Emission Vehicle Rules:

The Agency proposes to amend its existing Low Emission Vehicle (LEV) and Zero Emission Vehicle (ZEV) Rules, which incorporate by reference a suite of motor vehicle emission standards from California including the "Heavy-Duty Engine and Vehicle Omnibus" or "HD Omnibus" regulation. The HD Omnibus regulation sets standards for emissions of nitrogen oxides (NOx) and particulate matter (PM) from on-road heavy-duty engines used in vehicles delivered for sale in Vermont, which help protect public health and air quality. In this rulemaking, ANR proposes to amend the current HD Omnibus regulation to (1) clarify the existing transit bus exemption, (2) adjust the vehicle model year in which vehicle manufacturers can begin earning early compliance credits, and (3) add the legacy engine provisions that will provide engine manufacturers greater compliance flexibility for vehicle model year 2026, while maintaining the originally projected emissions reductions and public health benefits under the HD Omnibus regulation.

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 will hold a formal public hearing on December 8, 2023. Public comments may also be submitted in writing via email to anr.declevzev@vermont.gov.  The public comment period ends December 15, 2023. Following the close of the public comment period, the Agency will prepare a written response to comments.

Proposed Rule Annotated Text

Proposed Rule Clean Text

Proposed Rule Administrative Procedure Act Forms

Proposed Rule Technical Support Document

Recently Adopted Regulations

Amendments to the Air Pollution Control Regulations, Low Emission Vehicle and Zero Emission Vehicle Regulations:

The Agency has adopted 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 has amended 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 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 include the Advanced Clean Trucks Fact Sheet, the meeting presentation, and a recording of the meeting.

The Agency held two formal public hearings (recording of the virtual public hearing held on 9/23/2022) and four additional public events to satisfy provisions in Vermont’s Global Warming Solutions Act. Visit climatechange.vermont.gov for information about additional events. The Agency received written comments from a total of 340 individuals and entities and has provided a written response to comments, Responsiveness Summary.  

Proposed Draft Rule Clean Text

Proposed Draft Rule Administrative Procedure Act Forms

Final Proposed Rule Clean Text

Final Proposed Rule Administrative Procedure Act Forms

Final Proposed Rule Summary Document

Final Proposed Rule Supplemental Information

Adopted Rule Administrative Procedure Act Forms

Final Adopted Rule

Amendments to the Air Pollution Control Regulations, Wood Heater Regulations: 

The Agency has adopted 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 Rule Annotated Text

Proposed Rule Clean Text

Proposed Rule Administrative Procedure Act Forms

Final Proposed Rule Technical Support Document

Final Proposed Rule Responsiveness Summary

Written Public Comments

Adopted Rule Administrative Procedure Act Forms

Final Adopted Rule

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

Amendments to the Air Pollution Control Regulations, Low Emission Vehicle Regulations: 

The Agency has 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. 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

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

Proposed Amendment to the Vermont CO₂ Budget Trading Program Regulations:

This 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