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 Rule Amendments to the Regulations

  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]:

Adopted Rule Cover Sheet

Text of the Adopted Rule

  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

Text of the Rule

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

Public Input Statement

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

Adopting Page

Economic Impact Statement

Economic Impact Statement Attachment A

Scientific Information Statement

Scientific Information Statement Attachment A

Public Input Statement

Incorporation By Reference Statement

Final Adopted Rule Text

Summary of Comments and Responses

Greenhouse Gas Impact Statement

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]:

Proposed Rule Cover Sheet

Adopting Page

Economic Impact Statement

Economic Impact Statement Attachment A

Scientific Information Statement

Scientific Information Statement Attachment A

Public Input Statement

Public Input Statement - Attachment A

Incorporation by Reference

Final Proposed Rule - The Vermont CO₂ Budget Trading Program Regulations

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

Summary

Adopting Page

Proposed Rule Cover Sheet

Rule Text

Public Input Statement

Annotated Rule Revision

Annotated Appendix B & C

Category 1 VTDOH Monographs

Category 2 VTDOH Monographs

Category 3 VTDOH Monographs

Annotated Appendix D

Annotated Appendix E

Economic Impact Statement

Economic Impact Statement Attachment A

Scientific Information Statement

  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]:

Proposed Rule Cover Sheet

Text of the Rule

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

Public Input Statement

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

Proposed Rule Cover Sheet

Adopting Page

Economic Statement

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

Public Input Statement

Incorporation by Reference

Rule Text

Annotated Rule Text

Last Updated: July 20th, 2007