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 Procedures Forms
| 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 Administrative Procedures Forms
| 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 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
| 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.
| 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
| 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:
| 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 | ||
Vermont adopts amendments to the Air Pollution Control Regulations.
The Vermont Agency of Natural Resources, through DEC's Air Pollution Control Division,adopted amendments to section 5-221(1) of the Air Pollution Control Regulations to require lower sulfur limits for fuel used for heat or power generation. The amendments are part a regional strategy that is expected to reduce regional haze and have substantial public health benefits.
Copies of the adopted amendments, as well as copies of the APA rulemaking forms, are provided below. The schedule for the adoption of the rule is also set forth below.
List of available documents [in Portable Document Format (PDF) unless otherwise noted]:
Scientific Information Statement
Annotated Text of Proposed Rule
Final Proposed Rule Clean Text
List of Changes Since Filing of Proposed Rule
List of Changes Since Filing of Final Proposed Rule
Final Proposed Rule Cover Sheet
Final Proposed Rule Annotated Text
| Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) | 3/10/11 | ||
| Received ICAR approval of proposed rule | 4/12/11 | ||
| Filed 'proposed rule' with Secretary of State | 5/13/11 | ||
| Public notice posted online by Secretary of State | 5/18/11 | ||
| Public notice published in newspapers by Secretary of State | 5/26/11 | ||
| Public Hearing | Pavilion Auditorium, Montpelier, VT | 6:00 pm | 6/21/11 |
| End of public comment period | 6/28/11 | ||
| Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State | 8/17/11 | ||
| End of LCAR review period | 10/11/11 | ||
| Filed final 'adopted rule' with Secretary of State | 9/28/11 | ||
| Rule effective date | 10/14/11 | ||
Vermont proposes amendments to the Air Pollution Control Regulations and corresponding revisions to Vermont's State Implementation Plan (SIP). The Vermont Agency of Natural Resources, through DEC's Air Pollution Control Division, is proposing amendments to the state's Air Pollution Control Regulations to revise the permitting provisions in Subchapters IV (Operations and Procedure), V (Review of New Air Contaminant Sources), and X (Operating Permits); update Sections 5-251(Control of Nitrogen Oxides Emissions), 5-252 (Control of Sulfur Dioxide Emissions), and 5-271 (Control of Air Contaminants from Stationary Reciprocating Internal Combustion Engines); and make related changes to Subchapter I (Definitions). Corresponding revisions to Vermont's SIP are also being proposed as necessary. Many of the amendments are being proposed to implement and ensure consistency with existing state laws, including recent amendments to 10 V.S.A. §§ 556 and 556a to streamline the permitting process, and federal requirements, such as EPA's Greenhouse Gas Tailoring Rule. In addition, amendments are being proposed to correct, clarify, and/or bring the regulations up to date.
A public hearing was held on December 6, 2010 at 6:00pm in the Auditorium in the Pavilion Office Building located at 109 State Street in Montpelier, Vermont. The deadline for comments on the proposed rule amendments and SIP revisions was extended from December 13, 2010 to December 17, 2010. On January, 5 2011, the Agency filed the final proposed amendments with the Legislative Committee on Administrative Rules (LCAR) and the Secretary of State's Office.
Copies of the proposed amendments and SIP revisions, as well as copies of the APA rulemaking forms, are provided below. The schedule for the adoption of the rule is also set forth below.
List of available documents [in Portable Document Format (PDF) unless otherwise noted]:
Proposed Rule Text Annotated & SIP Revisions Highlighted
Final Proposed Rule Cover Sheet
Final Proposed Text Annotated Rule
Summary of Comments and Responses
Final Adopted Rule Cover Sheet
| Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) | 10/5/10 | ||
| Received ICAR approval of proposed rule | 10/20/10 | ||
| Filed 'proposed rule' with Secretary of State | 10/26/10 | ||
| Public notice posted online by Secretary of State | 11/3/10 | ||
| Public notice published in newspapers by Secretary of State | 11/11/10 | ||
| Public Hearing | Pavilion Auditorium, Montpelier, VT | 6:00 pm | 12/6/10 |
| End of public comment period | 12/17/10 | ||
| Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State | 1/5/11 | ||
| End LCAR review period | 2/19/11 | ||
| Filed final 'adopted rule' with Secretary of State | 1/24/11 | ||
| Rule effective date | 2/8/11 | ||
Vermont Adopts "Phase II" Emission Limit for Outdoor Wood Boilers
On September 15, 2009, the Department of Environmental Conservation (DEC) filed a final adopted rule with the Secretary of State that includes a Phase II particulate matter emission limit for residential and small commercial sized outdoor wood-fired boilers (OWBs). The rule went into effect on October 1, 2009.
The Phase II rule revises and reformats the previous rules for outdoor wood-fired boilers that were set forth at sections 5-204 and 5-205 of the Vermont Air Pollution Control Regulations. The rule establishes a Phase II particulate matter emission limit of 0.32 pounds per million BTUs of heat output for any OWB sold, distributed or purchased on or after March 31, 2010 for use in Vermont. The rule also sets forth the requirements for OWB owners and operators (e.g., siting and stack height requirements), OWB sellers (e.g., notice to buyer requirements), and OWB manufacturers (e.g., testing and certification requirements).
In April 2007, the DEC adopted a "Phase I" particulate matter emission limit for OWBs of 0.44 pounds per million BTUs of heat input with a compliance date of March 31, 2008. Under the new Phase II rule, OWBs meeting the Phase I limit may continue to be sold or purchased for use in Vermont until March 31, 2010.
Links to a copy of the adopted Phase II OWB rule, as well as to a copy of the adopted rule cover sheet for the rule, are provided below. The adoption schedule for the rule is also set forth below.
List of available documents [in Portable Document Format (PDF) unless otherwise noted]:
| Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) | 4/3/09 | ||
| Received ICAR approval of proposed rule | 4/13/09 | ||
| Filed 'proposed rule' with Secretary of State | 4/28/09 | ||
| Public notice posted online by Secretary of State | 5/14/09 | ||
| Public notice published in newspapers by Secretary of State | 5/21/09 | ||
| 1st Public Hearing | Pavilion Auditorium, Montpelier, VT | 7:00 pm | 6/16/09 |
| End of public comment period | 6/23/09 | ||
| Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State | 8/25/09 | ||
| End of LCAR review period | 9/10/09 | ||
| Filed final 'adopted rule' with Secretary of State | 9/15/09 | ||
| Rule effective date | 10/1/09 | ||
Vermont Makes Final Proposal for "Phase II" Emission Limit for Outdoor Wood Boilers
On August 25, 2009, the Department of Environmental Conservation (DEC) filed a final proposal with the Legislative Committee on Administrative Rules for a "Phase II" rule for residential and small commercial sized outdoor wood-fired boilers (OWBs). The Legislative Committee is planning to hold a hearing at 10:00 a.m. on September 8, 2009 to consider this final proposed rule.
A public hearing was held on the proposed Phase II rule on June 16, 2009, and the public comment period on the proposed rule closed on June 23, 2009. In response to the public comments, several changes and clarifications were made to the proposed rule; however, the basic elements of the proposal remain in place.
This rule is being proposed to further reduce air contaminant emissions from OWBs. The air emissions that will be reduced are in the form of tiny particles (particulate matter) that can penetrate deep into the human respiratory system, as well as, toxic air contaminants. The final proposed Phase II rule revises and reformats the existing rules for outdoor wood-fired boilers currently set forth at sections 5-204 and 5-205 of the Vermont Air Pollution Control Regulations. The rule establishes a Phase II particulate matter emission limit of 0.32 pounds per million BTUs of heat output for any OWB sold, distributed or purchased on or after March 31, 2010. The rule also sets forth the requirements for OWB owners and operators (e.g., siting and stack height requirements), OWB sellers (e.g., notice to buyers requirements), and OWB manufacturers (e.g., certification requirements).
In April 2007, the DEC adopted a rule that established a "Phase I" particulate matter emission limit for OWBs of 0.44 pounds per million BTUs of heat input with a compliance date of March 31, 2008. This rule also provided: "As soon as practicable, but no later than March 31, 2008, the Secretary shall file a proposed rule . . . to establish a particulate matter emission limit for outdoor wood-fired boilers of 0.32 pounds per million BTUs of heat output . . . ." The final proposed rule meets this regulatory obligation. The Phase II emission limit will protect human health better than the Phase I limit and will require more efficient OWBs to be sold in Vermont . On average, Phase II certified OWBs will emit about half of the particle pollution emitted by Phase I units and will have a thermal efficiency almost 50% greater than Phase I units. This means that a typical Phase II OWB will burn only two cords of wood for every three cords of wood needed by a Phase I OWB to produce the same amount of heat. This rule will also provide for regional consistency and a common market area with Maine , Massachusetts , and New Hampshire , which have already adopted the Phase II standard proposed by this rule.
Links to a copy of the final proposed OWB rule, as well as to copies of the most important scientific support documents, the economic impact statement and other materials, are provided below. The schedule for the adoption of the rule is also set forth below.
List of available documents [in Portable Document Format (PDF) unless otherwise noted]:
Final Proposed Rule Cover Sheet, including changes to rule since proposal
Summary of and Response to Public Comments
Economic Impact Statement ("EIS")
Economic Impact Statement ("EIS")- Attachment A
EIS, Attachment B, Greenhouse Gas Impact Statement
Scientific Information Statement ("SIS")
SIS, Attachment A, List of Scientific Studies
SIS, Attachment B, Standard Proposal
SIS, Attachment B-1, Other States' Laws
SIS, Attachment B-2, VT Air Quality Modeling Study
Incorporation by Reference Statement
Subchapter XI - Low Emission Vehicles. The Agency of Natural Resources is proposing amendments to its Low Emission Vehicle (LEV) regulations to incorporate by reference three changes to California’s LEV Program: (1) revisions to the Zero Emission Vehicle (ZEV) program to reflect technology readiness and simplify specific program requirements; (2) a new environmental performance labeling program to require labels that score smog and global warming emissions from new motor vehicles; and (3) amendments to strengthen the Emission Warranty Information Reporting and Recall requirements. The Agency is also proposing some administrative changes to update and clarify its LEV regulations.
Vermont first adopted California’s LEV Program in 1996 and has amended its LEV regulations periodically since then to stay consistent with California. Adopting the proposed amendments will ensure that the cleanest cars are available for sale to Vermonters and that Vermont is consistent with California’s LEV Program. In addition, with respect to adopting California’s labeling requirements, 10 V.S.A. §579 requires the Agency to adopt a vehicle emissions labeling program and encourages the Agency to adopt California’s labeling program.
The Agency is providing notice, comment, and a hearing on all of the proposed amendments together but may decide to adopt some or all of the proposed amendments separately. The public hearing for the proposed amendments to Vermont’s LEV regulations was held on September 15, 2008 at 6pm in the Pavilion Auditorium, 109 State Street, Montpelier , VT. The Legislative Committee on Administrative Rules unanimously approved the Final Proposed Rule amendments on December 17, 2008, and the Agency filed the Final Adopted Rule with the Secretary of State on December 19, 2008.
List of available documents [in Portable Document Format (PDF) unless otherwise noted]:
Final Adopted Rule Cover Sheet
Economic Impact Statement Attachment A
Scientific Information Statement
Scientific Information Statement Attachment A
Incorporation By Reference Statement
Summary of Comments and Responses
Greenhouse Gas Impact Statement
| Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) | 8/1/08 | ||
| Received ICAR approval of proposed rule | 8/11/08 | ||
| Filed 'proposed rule' with Secretary of State | 8/14/08 | ||
| Public notice posted online by Secretary of State | 8/28/08 | ||
| Public notice published in newspapers by Secretary of State | 9/4/08 | ||
| Public Hearing | Pavilion Auditorium, Montpelier, VT | 6:00 pm | 9/15/08 |
| Deadline public comment period | 10/20/08 | ||
| Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State | 11/18/08 | ||
| LCAR hearing on rule scheduled | 12/17/08 | ||
| Filed final 'adopted rule' with Secretary of State | 12/19/08 | ||
| Rule effective date | 01/03/09 | ||
Proposed RGGI Regulations.The Vermont CO2 Budget Trading Program Regulations are being proposed to establish the Vermont component of the Regional Greenhouse Gas Initiative (RGGI). RGGI is a multi-state initiative to establish a cap-and-trade program to reduce CO2 emissions from fossil fuel-fired electric generating units that have a nameplate capacity equal to or greater than 25 megawatts. Beginning in 2009 through 2014, overall CO2 emissions from subject units in participating RGGI states would be capped at approximately current levels. From 2015 through 2018, emissions would be reduced by 2.5% each year to achieve a 10% reduction in 2018. This represents a reduction of approximately 35% below where CO2 emissions would be if RGGI were not implemented. Under the proposed rule, subject units could either reduce emissions, buy allowances on the market, and/or generate credits through an eligible CO2 emissions offset project.
List of available documents [in Portable Document Format (PDF) unless otherwise noted]:
Economic Impact Statement Attachment A
Scientific Information Statement
Scientific Information Statement Attachment A
Public Input Statement - Attachment A
Final Proposed Rule - The Vermont CO2 Budget Trading Program Regulations
| Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) | 9/21/07 | ||
| Received ICAR approval of proposed rule | 10/1/07 | ||
| Filed 'proposed rule' with Secretary of State | 10/5/07 | ||
| Public notice posted online by Secretary of State | 10/18/07 | ||
| Public notice published in newspapers by Secretary of State | 10/25/07 | ||
| Public Hearing | Pavilion Auditorium, Montpelier, VT | 6:00 pm | 11/5/07 |
| End of public comment period | 12/27/07 | ||
| Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State | 5/15/08 | ||
| Filed final 'adopted rule' with Secretary of State | 5/15/08 | ||
| Rule effective date | 5/30/08 | ||
Vermont's Final Adopted Air Toxics Rule Revision.Vermont regulates emissions of hazardous air contaminants (HACs) from stationary sources under §5-261 of the Air Pollution Control Regulations. Appendix B of the regulations lists the HACs, and Appendix C establishes a hazardous ambient air standard (HAAS) and an action level (AL) for each HAC. Appendix C also categorizes HACs, based on their toxicity: Category I (known or suspected carcinogens), Category II (chronic systemic toxicity due to long-term exposure), and Category III (short-term irritant effects). The proposed rule amendments will update the HAAS, AL, and/or toxicity category for many HACs in Appendix C and revise Appendix D, which contains the methodology for deriving a HAAS. These revisions are being proposed to ensure that the standards are protective of human health. In addition, other revisions to related provisions of the regulationsare being made to bring them up-to-date and to delay the implementation of the proposed amendments to Appendix C with respect to registration fees.
List of available documents [in Portable Document Format (PDF) unless otherwise noted]:
Public Comment Period Extended to November 20th, 2006
Annotated Appendix B & C 
Category 1 VTDOH Monographs Economic Impact Statement Attachment A
Scientific Information Statement
| Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) | 6/26/06 | ||
| Received ICAR approval of proposed rule | 6/27/06 | ||
| Filed 'proposed rule' with Secretary of State | 8/11/06 | ||
| First Public notice posted online by Secretary of State (2nd Thursday after filing) | 8/24/06 | ||
| Second public notice published in newspapers by Secretary of State (3rd Thursday after filing) | 8/31/06 | ||
| Public Hearing | Pavilion Auditorium, Montpelier, VT | 6:00 pm | 9/25/06 |
| End of public comment period | 11/1/06 | ||
| Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State | 1/10/07 | ||
| End of LCAR review period | 2/21/07 | ||
| Filed final 'adopted rule' with Secretary of State | 3/13/07 | ||
| Rule effective date | 3/28/07 | ||
Vermont Proposes "Phase II" Emission Limit for Outdoor Wood Boilers
On April 28, 2009, the Department of Environmental Conservation (DEC) began the process to propose a "Phase II" rule for residential and small commercial sized outdoor wood-fired boilers (OWBs). The DEC is seeking comments on the proposed rule from all interested parties. A public hearing will be held to accept oral or written comments on the rule at 7:00 pm on Tuesday, June 16, 2009 at the Pavilion Building Auditorium, 109 State Street , Montpelier , Vermont . The public comment period will close on June 23, 2009.
This rule is being proposed to further reduce air contaminant emissions from OWBs. The air emissions that will be reduced are in the form of tiny particles (particulate matter) that can penetrate deep into the human respiratory system, as well as, toxic air contaminants. The proposed Phase II rule revises and reformats the existing rules for outdoor wood-fired boilers currently set forth at sections 5-204 and 5-205 of the Vermont Air Pollution Control Regulations. The proposed rule establishes a Phase II particulate matter emission limit for OWBs of 0.32 pounds per million BTUs of heat output to go into effect on March 31, 2010. The proposed rule also sets forth the requirements for OWB owners and operators (e.g., siting and stack height requirements), OWB sellers (e.g., notice to buyers requirements), and OWB manufacturers (e.g., certification requirements).
In April 2007, the DEC adopted a rule that established a "Phase I" particulate matter emission limit for OWBs of 0.44 pounds per million BTUs of heat input with a compliance date of March 31, 2008. This rule also provided: "As soon as practicable, but no later than March 31, 2008, the Secretary shall file a proposed rule . . . to establish a particulate matter emission limit for outdoor wood-fired boilers of 0.32 pounds per million BTUs of heat output . . . ." The proposed rule meets this regulatory obligation. The Phase II emission limit will protect human health better than the Phase I limit and will require more efficient OWBs to be sold in Vermont . On average, Phase II certified OWBs will emit about half of the particle pollution emitted by Phase I units and will have a thermal efficiency almost 50% greater than Phase I units. This means that a typical Phase II OWB will burn only two cords of wood for every three cords of wood needed by a Phase I OWB to produce the same amount of heat. This proposed rule will also provide for regional consistency and a common market area with Maine , Massachusetts , and New Hampshire , which have already adopted the Phase II standard proposed by this rule.
Links to a copy of the proposed OWB rule, as well as to copies of the most important scientific support documents, the economic impact statement and other materials, are provided below. The schedule for the adoption of the rule is also set forth below.
List of available documents [in Portable Document Format (PDF) unless otherwise noted]:
Economic Impact Statement ("EIS")
Economic Impact Statement ("EIS")- Attachment A
EIS, Attachment B, Greenhouse Gas Impact Statement
Scientific Information Statement ("SIS")
SIS, Attachment A, List of Scientific Studies
SIS, Attachment B, Standard Proposal
SIS, Attachment B-1, Other States' Laws
SIS, Attachment B-2, VT Air Quality Modeling Study
Incorporation by Reference Statement
Subchapter XI - Low Emission Vehicles. In order to maintain identicality with the California program (as required by the federal Clean Air Act for a state to have vehicle emissions standards stricter than the default federal standards), the Vermont Air Pollution Control Division filed, on August 12, 2005, rule-making documents with the Secretary of State to amend Vermont's regulation regarding Low Emission Vehicles. The proposed rule would establish greenhouse gas (GHG) emission standards for new motor vehicles for inclusion in Vermont's Low Emission Vehicle Program. Under the proposed rule, one set of GHG standards would be established for passenger cars, small light-duty trucks, and small SUVs, and another set would be established for large light-duty trucks (up to 8500 lbs. GVWR) and large SUVS (less than 10,000 lbs. GVWR). Both sets of GHG standards would be gradually phased in between model-years 2009 and 2016. When fully implemented during model-year 2016, new motor vehicles subject to the regulation would be required to emit approximately 30 percent fewer GHGs than without the regulation.
The public hearing for the GHG rulemaking was held on September 12, 2005 from 7pm to 9pm at the State Office Complex, Stanley Hall, 103 South Main Street, Waterbury , VT.
This hearing was broadcasted via Vermont Interactive Television (VIT) to the following sites: (1) Mt. Anthony Lodge, 504A Main Street, Basement, Bennington , VT; (2) BDCC Business Park, Unit 100, 22 Browne Court, Brattleboro , VT; (3) North Country Union High School, 209 Veterans Ave., Newport , VT; and (4) Bellows Free `Academy-St. Albans, 4 Hospital Drive, St. Albans , VT.
The Summary of Comments and Responses from the Public Hearing on September 12, 2005 has been added to the 'List of Available Documents'
The Legislative Committee on Administrative Rules (LCAR) reviewed the proposed amendments on November 2, 2005, and gave unanimous approval to the amendments as submitted.
The Adopted Rule was filed with the Secretary of State on November 7, 2005, with an effective date of November 22, 2005. The text is available in portable Document Format below.
List of available documents [in Portable Document Format (PDF) unless otherwise noted]:
SECRETARY OF STATE FILINGS : October 4, 2005 ; August 12, 2005; November 7, 2005
Adopted GHG Rule Text - November 7, 2005
Summary of Comments and Responses
Economic Statement Attachment A
Economic Statement Attachment B
Economic Statement Attachment C
Scientific Information Statement
Scientific Information Statement Attachment A
Scientific Information Statement Attachment B
| Filed 'proposed rule' with Interagency Committee on Administrative Rules (ICAR) | 8/1/05 | ||
| Received ICAR approval of proposed rule | 8/12/05 | ||
| Filed 'proposed rule' with Secretary of State | 8/12/05 | ||
| First Public notice posted online by Secretary of State (2nd Thursday after filing) | 8/25/05 | ||
| Second public notice published in newspapers by Secretary of State (3rd Thursday after filing) | 9/1/05 | ||
| Public Hearing | Pavilion Auditorium, Montpelier, VT | 6:00 pm | 9/12/05 |
| End of public comment period | 9/19/05 | ||
| Filed 'final proposed rule' with Legislative Committee on Administrative Rules (LCAR) and with Secretary of State | 10/04/05 | ||
| LCAR hearing on rule scheduled | 11/02/05 | ||
| Filed final 'adopted rule' with Secretary of State | 11/07/05 | ||
| Rule effective date | 11/22/05 | ||
Last Updated: December 4th 2014