40 C.F.R. § 52.2370

Current through October 31, 2024

Section 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 5-253.2	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	12/15/16	3/19/18, 83 FR 11885	Approving revisions for consistency with underlying federal regulations.
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 PM_2.5	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 PM_2.5 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 PM_2.5.
Table 3	Table 3-Levels of significant impact	7/5/2014	9/14/2016, 81 FR 63104	Added levels for PM_2.5.
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 PM_2.5 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 PM_2.5 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 PM_2.5 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 PM_2.5 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.

40 C.F.R. §52.2370

65 FR 54415 , Sept. 8, 2000, as amended at 68 FR 34809 , June 11, 2003; 71 FR 14390 , Mar. 22, 2006; 76 FR 49672 , Aug. 11, 2011; 73 FR 42566 , July 19, 2011; 77 FR 30213 , May 22, 2012; 77 FR 60909 , Oct. 5, 2012; 81 FR 23167 , Apr. 20, 2016; 81 FR 50347 , Sept. 23, 2016; 81 FR 63104 , Sept. 14, 2016; 81 FR 70633 , Oct. 13, 2016; 82 FR 17127 , Apr. 10, 2017; 82 FR 29007 , June 27, 2017; 82 FR 59971 , Dec. 18, 2017; 83 FR 11885 , Mar. 19, 2018; ; 83 FR 37436 , Aug. 1 2018; 83 FR 45196 , Sept. 6, 2018; 84 FR 65011 , Nov. 26, 2019; 85 FR 34358 , June 4, 2020

81 FR 50347 , 9/30/2016; 81 FR 63104 , 70633, 11/14/2016; 82 FR 17127 , 5/10/2017; 82 FR 29007 , 7/27/2017; 82 FR 38838 , 10/16/2017; 82 FR 59971 , 1/17/2018; 83 FR 11885 , 4/18/2018; 83 FR 37436 , 8/31/2018; 83 FR 45196 , 10/9/2018; 84 FR 65011 , 12/26/2019; 85 FR 34358 , 7/6/2020