STATE OF VERMONT
                          AGENCY OF NATURAL RESOURCES

                             AIR POLLUTION CONTROL
                                  REGULATIONS

                    INCLUDING AMENDMENTS TO THE REGULATIONS
                         ADOPTED THROUGH: July 5, 2014

                      AIR Quality & Climate DIVISION
                   DEPARTMENT OF ENVIRONMENTAL CONSERVATION
                          AGENCY OF NATURAL RESOURCES
                                    Davis 2
                            One National Life Drive
                        Montpelier, VERMONT  05620-3802
                          TELEPHONE:<PHONE_NUMBER>

                   WEBSITE: http://www.anr.state.vt.us/air/

PERSONS REQUIRING ADDITIONAL INFORMATION REGARDING THESE REGULATIONS OR OTHER MATTERS RELATING TO AIR POLLUTION IN VERMONT SHOULD WRITE TO:

                          ELAINE O'GRADY, DIRECTOR
                      AIR QUALITY & CLIMATE DIVISION
                                    DAVIS 2
                            ONE NATIONAL LIFE DRIVE
                        MONTPELIER, VERMONT 05620-3802

VERMONT AIR POLLUTION CONTROL REGULATIONS
TABLE OF CONTENTS

SUBCHAPTER I.  DEFINITIONS
5-101	AS USED IN THIS PART, ALL TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANING GIVEN THEM IN THE ACT	8

SUBCHAPTER II.  PROHIBITIONS
5-201	OPEN BURNING PROHIBITED	23
5-202	PERMISSIBLE OPEN BURNING	23
5-203	PROCEDURES FOR LOCAL AUTHORITIES TO BURN NATURAL WOOD	24
5-204	OUTDOOR WOOD FIRED BOILERS	24
5-205	[REPEALED]	32
5-211	PROHIBITION OF VISIBLE AIR CONTAMINANTS	32
5-221	PROHIBITION OF POTENTIALLY POLLUTING MATERIALS IN FUEL	33
5-231	PROHIBITION OF PARTICULATE MATTER	38
5-241	PROHIBITION OF NUISANCE AND ODOR	42
5-251	CONTROL OF NITROGEN OXIDES EMISSIONS	43
5-252	CONTROL OF SULFUR DIOXIDE EMISSIONS	43
5-253	CONTROL OF VOLATILE ORGANIC COMPOUNDS
5-253.1	Petroleum Liquid Storage in Fixed Roof Tanks	44
5-253.2	Bulk Gasoline Terminals	45
5-253.3	Bulk Gasoline Plants	48
5-253.4	Gasoline Tank Trucks	50
5-253.5	Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities	52
5-253.6	Volatility of Gasoline	54
5-253.7	Stage II Vapor Recovery Controls at Gasoline Dispensing Facilities	55
5-253.8	Reserved.	61
5-253.9	Reserved.	61
5-253.10	Paper Coating	61
5-253.11	Perchloroethylene Dry Cleaning	63
5-253.12	Coating of Flat Wood Paneling	67
5-253.13	Coating of Miscellaneous Metal Parts	69
5-253.l4	Solvent Metal Cleaning	72
5-253.15	Cutback and Emulsified Asphalt	78
5-253.16	Wood Furniture Manufacturing	79
5-253.17	Reserved.	93
5-253.18	Reserved.	93
5-253.19	Reserved.	93
5-253.20	Other Sources That Emit Volatile Organic Compounds	93
5-261	CONTROL OF HAZARDOUS AIR CONTAMINANTS	95
5-271	CONTROL OF AIR CONTAMINANTS FROM STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES	98

SUBCHAPTER III.  AMBIENT AIR QUALITY STANDARDS
5-301	SCOPE	100
5-302	SULFUR OXIDES (SULFUR DIOXIDE)	100
5-303	RESERVED	100
5-304	PARTICULATE MATTER PM2.5	100
5-305	RESERVED	101
5-306	PARTICULATE MATTER PM10	101
5-307	CARBON MONOXIDE	101
5-308	OZONE	102
5-309	NITROGEN DIOXIDE	102
5-310	LEAD	102
5-311	RESERVED	102
5-312	SULFATES	102

SUBCHAPTER IV.  OPERATIONS AND PROCEDURES
5-401	CLASSIFICATION OF AIR CONTAMINANT SOURCES	104
5-402	WRITTEN REPORTS WHEN REQUESTED	105
5-403	CIRCUMVENTION	105
5-404	METHODS FOR SAMPLING AND TESTING OF SOURCES	106
5-405	REQUIRED AIR MONITORING	106
5-406	REQUIRED AIR MODELING	106

SUBCHAPTER V.  REVIEW OF NEW AIR CONTAMINANT SOURCES
5-501	REVIEW OF CONSTRUCTION OR MODIFICATION OF AIR CONTAMINANT SOURCES	108
5-502	MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS	110
5-503	[REPEALED]	116
5-504	PERMIT FEES	116
5-505	FALSE OR MISLEADING INFORMATION	117

SUBCHAPTER VI. RULES OF PRACTICE GOVERNING HEARINGS UNDER THE AIR POLLUTION CONTROL ACT
5-601	SCOPE OF THIS SUBCHAPTER	118
5-602	PARTIES	118
5-603	PLEADINGS AND DOCUMENTS; FILING AND SERVICE THEREOF	118
5-604	PETITIONS FOR RULE-MAKING AND DECLARATORY RULINGS	119
5-605 	APPEARANCES	120
5-606	PRE-HEARING CONFERENCES	120
5-607	SUBPOENAS	121
5-608	HEARING SCHEDULES	121
5-609	NOTICE AND TRANSCRIPT OF HEARINGS	121
5-610	CONDUCT OF HEARINGS	122
5-611	PROPOSED DECISION	123
5-612	FINAL DECISION AND ORDER	123
5-613	APPEALS	123

SUBCHAPTER VII.  MOTOR VEHICLE EMISSIONS
5-701	MAINTENANCE AND REMOVAL OF CONTROL DEVICES	124
5-702	EXCESSIVE SMOKE EMISSIONS FROM MOTOR VEHICLES	124
5-703	INSPECTION OF CONTROL DEVICES	124

SUBCHAPTER VIII.  REGISTRATION OF AIR CONTAMINANT SOURCES
5-801	DEFINITIONS	125
5-802	REQUIREMENT OF REGISTRATION	125
5-803	REGISTRATION PROCEDURE	125
5-804	FALSE OR MISLEADING INFORMATION	126
5-805	COMMENCEMENT OR RECOMMENCEMENT OF OPERATION	126
5-806	TRANSFER OF OPERATION	127
5-807	FEES	127
5-808	DETERMINATION OF FEE	127

SUBCHAPTER IX.  CONTROL OF OZONE-DEPLETING CHEMICALS
5-901	DEFINITIONS	128
5-911	MOTOR VEHICLE AIR CONDITIONING	128
5-921	REGULATION OF OZONE-DEPLETING PRODUCTS	129

SUBCHAPTER X.  OPERATING PERMITS
5-1001	PURPOSE AND AUTHORITY	130
5-1002	DEFINITIONS	130
5-1003	APPLICABILITY	134
5-1004	DUTY TO APPLY	134
5-1005	TIMELY APPLICATIONS	134
5-1006	COMPLETE APPLICATION	135
5-1007	PUBLIC PARTICIPATION	139
5-1008	SECRETARY'S POWERS AND DUTIES	141
5-1009	ACTION ON OPERATING PERMIT APPLICATIONS	143
5-1010	REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)	144
5-1011	TERM OF OPERATING PERMIT	144
5-1012	PERMIT EXPIRATION AND RENEWAL	144
5-1013	OPERATING PERMIT AMENDMENTS	145
5-1014	OPERATIONAL FLEXIBILITY	146
5-1015	PERMIT CONTENT	146
5-1016	LIMITING ALLOWABLE EMISSIONS	149

SUBCHAPTER XI.  LOW EMISSION VEHICLE PROGRAM
5-1101	DEFINITIONS	151
5-1102	INCORPORATION BY REFERENCE	153
5-1103	NEW VEHICLE EMISSION REQUIREMENTS	153
5-1104	WARRANTY	155
5-1105	RECALL	155
5-1106	MANUFACTURER FLEET REQUIREMENTS	155
5-1107	MANUFACTURER REPORTING REQUIREMENTS	156
5-1108	INSPECTIONS	158
5-1109	SEVERABILITY	158

APPENDICES AND TABLES
APPENDIX A	RULES OF EVIDENCE, OFFICIAL NOTICE	160
APPENDIX B	HAZARDOUS AIR CONTAMINANTS	161
APPENDIX C	HAZARDOUS AMBIENT AIR STANDARDS	171
APPENDIX D	METHOD FOR THE DERIVATION OF HAZARDOUS AMBIENT AIR STANDARD	181
APPENDIX E	METHOD FOR THE DERIVATION OF ACTION LEVELS	183
APPENDIX F		184
TABLE 1	Industrial Process Weight Standards	189
TABLE 2	Prevention of Significant Deterioration (PSD) Increments	190
TABLE 3	Levels of Significant Impact	191
TABLE 4	Sections Added or Amended	192

AGENCY OF NATURAL RESOURCES
WATERBURY, VERMONT
ENVIRONMENTAL PROTECTION REGULATIONS
CHAPTER 5
AIR POLLUTION CONTROL
SUBCHAPTER I.  DEFINITIONS*

5-101	AS USED IN THIS PART, ALL TERMS NOT DEFINED HEREIN SHALL HAVE THE MEANING GIVEN THEM IN THE ACT

"Act" refers to the Air Pollution Control Act, 10 V.S.A. §551 et seq., as amended.

"Action Level" means a rate of emissions of a hazardous air contaminant as specified in Appendix C or as may be determined under Section 5-261(3) of these regulations. Action Levels are used to determine the applicability of Section 5-261 to stationary sources and shall be derived in accordance with the method prescribed in Appendix E of these regulations.

"Actual Emissions" means the rate of emissions, as of a particular date, which equals the average rate at which a source actually emitted the contaminant during the preceding two-year period. The Secretary may allow the use of a different time period upon a determination that it is more representative of normal source operation. For any source which has not begun normal operations on the particular date, actual emissions shall equal the allowable emissions of the source on that date.

"Adverse Impact on Visibility" means visibility impairment which, as determined on a case-by-case basis by the Air Pollution Control Officer, interferes with the management, protection, preservation or enjoyment of a person's visual experience when visiting any sensitive area or any Class I Federal area. Any such determination will take into account the geographic extent, intensity, duration, frequency and time of visibility impairment and how these factors correlate with (1) times of visitor use and (2) the frequency and timing of natural conditions that reduce visibility.

"Agency" means the Agency of Natural Resources.

"Air Contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof.
* NOTE: All terms defined within these regulations are printed in italics wherever they appear. Terms which are used in all subchapters of the regulations are defined in Section 5-101, while supplemental definitions intended for use with a specific section of the regulations are found within that section.

* NOTE: All terms defined within these regulations are printed in italics wherever they appear. Terms which are used in all subchapters of the regulations are defined in Section 5-101, while supplemental definitions intended for use with a specific section of the regulations are found within that section.

"Air Pollution" means the presence in the outdoor atmosphere of one or more air contaminants in such quantities, and duration as is or tends to be injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life, or property. Such effects may result from direct exposure to air contaminants, from deposition of air contaminants to other environmental media, or from alterations caused by air contaminants to the physical or chemical properties of the atmosphere.

"Air Pollution Control Officer" means the person whose functional responsibility is to direct and coordinate the air pollution control activities and program for the State.

"Air Pollution Control Regulations" means Chapter V of the Vermont Environmental Protection Regulations.

"Air Quality Impact Evaluation" means an analysis of the degree to which emissions from stationary or motor vehicles contribute to air contaminant concentrations in the ambient air. Such analysis shall include air quality modeling or other methods determined by the Secretary to be reliable.

"Allowable Emissions" means the emission rate calculated using the maximum rated capacity of the source and, if applicable, either:

(a)	The applicable emission standard contained in these regulations, if any, or

(b)	The emission rate or design, operational or equipment standard specified in any order or agreement issued under these regulations that is state and federally enforceable.

"Ambient Air" means that portion of the atmosphere, external to buildings, to which the general public has access.

"Ambient Air Quality Standards" means any standard which establishes the largest allowable concentration of a specific air contaminant in the ambient air space as specified in Subchapter III of these regulations.

"Applicant" means a person who seeks the approval of the Secretary, as required by Section 5-501, prior to the construction, installation or modification of a stationary source.

"ASTM" means the American Society for Testing and Materials.

"Attainment Area" (see definition of nonattainment area).

"Brake Horsepower" means the maximum continuous brake horsepower output rating for an engine as specified by the manufacturer.

"Bulk Gasoline Plant" means a gasoline storage and distribution facility with an average daily throughput of 20,000 gallons (76,000 liters) of gasoline or less on a 30-day rolling average.

"Bulk Gasoline Terminal" means a gasoline storage facility which receives gasoline from refineries and delivers gasoline to bulk gasoline plants or to commercial or retail accounts; and has a daily throughput of more than 20,000 gallons (76,000 liters) of gasoline on a 30-day rolling average.

"C.F.R." means the Code of Federal Regulations.

"Capture Efficiency" means the weight per unit time of VOC entering a capture system and delivered to a control device divided by the weight per unit time of total VOC generated by a source of VOC, expressed as a percentage.

"Capture System" means all equipment (including, but not limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) that contains, collects, and transports an air contaminant to a control device.

"Class I Federal Area" means any area identified in 40 C.F.R. 81, Subpart D.

"Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealants, adhesives, inks, maskants, and temporary protective coatings.

"Coating Unit" means a series of one or more coating applicators and any associated drying area and/or oven wherein a coating is applied dried and/or cured. A coating unit ends at the point where the coating is dried or cured, or prior to any subsequent application of a different coating. It is not necessary to have an oven or a flashoff area in order to be included in this definition.

"Combustion Contaminants" are air contaminants discharged into the atmosphere from the burning of any kind of material containing carbon in a free or combined state.

"Combustion Efficiency (C.E.)" means a measure of the completeness of combustion, determined by the measurement of the proportion by volume of carbon dioxide (CO2) and carbon monoxide (CO) in flue gas (on a dry basis) where;

"Commence Operation" means to begin using, on a full time basis, any equipment in a manner that represents normal operational procedures.

"Control Device" means equipment (such as an incinerator or carbon adsorber) used to reduce, by destruction or removal, the amount of air contaminants in an air stream prior to discharge to the ambient air.

"Crematory" means an incinerator used solely to reduce the volume and weight of human and animal remains, limited amounts of associated surgical wastes including but not limited to disposable sharps, gloves, gowns and dressings, and associated combustible waste containers which have been approved by the Air Pollution Control Officer.

"Emergency use engine" means an engine used only for emergency purposes and up to 100 hours per year for routine testing and maintenance. Emergency purposes are limited to periods of time when:

(1)	The usual source of power, heat or lighting is temporarily unavailable due to reasons beyond the reasonable control of the owner/operator;

(2)	The Independent System Operator has determined a power capacity deficiency exists and has implemented a voltage reduction of five (5) percent or more of normal operating voltage; or

(3)	A fire or flood makes it necessary to pump water to minimize property damage.

"Emission" means a release of air contaminants into the ambient air space.

"Emission Reduction Credit" or "ERC" means the certified quantity of an emission reduction from a source that may be stored or used as described in Section 5-502.

"EPA" means the Federal Environmental Protection Agency, the Administrator of the Environmental Protection Agency, or the Administrator's designee.

"Equivalent Method" means any method of sampling and/or analyzing for an air contaminant which has been demonstrated to the Air Pollution Control Officer's satisfaction to have a consistent and quantitatively known relationship to a reference method under specific conditions.

"Federal Land Manager" means the Secretary of the department with authority over a Class I Federal area or his or her representative.

"Federally Enforceable" means all limitations and conditions which are enforceable by the U.S. Environmental Protection Agency, whether contained in federal regulations, a state implementation plan, or construction or operating permits.

"Flashoff Area" means the space between the coating application area and the oven.

"Flue Gas" means air contaminants which enter the ambient air through a flue or stack.

"Forest Land Area" means at least 25 acres of land that is at least 10% stocked with trees of any size.

"Fossil Fuel" means coal, coke, distillate oil, residual oil, and natural gas.

"Fuel" means any form of combustible matter--solid, liquid or gas, including combustible refuse.

"Fuel-Burning Equipment" means any individual furnace, boiler, and/or apparatus used in the process of burning fuel for the primary purpose of producing heat or power.

"Fuel Oil" means a liquid or liquefiable petroleum product either virgin or rerefined which is burned for the generation of heat or power and derived, whether in whole or in part, from crude oil.

"Fugitive Emissions" means air contaminant(s) emitted into the ambient air from points other than a stack. For purposes of determining the applicability of Subchapter V and Subchapter X of the Air Pollution Control Regulations, "fugitive emissions" shall include only those emissions which are reasonably quantifiable.

"Fugitive Particulate Matter" means any particulate matter generated by a process operation which is emitted into the ambient air space from points other than a stack.

"Garbage" -- waste resulting from distribution, preparation and serving of food.

"Gaseous Matter" means any material that exists in the gaseous state at standard conditions.

"Gasoline" means any petroleum distillate having a Reid vapor pressure of four pounds per square inch (27.6 kilopascals) or greater.

"Gasoline Dispensing Facility" means any site where gasoline is transferred from a stationary storage tank to a motor vehicle gasoline tank used to provide fuel to the engine of that motor vehicle.

"Gasoline Tank Truck" means a delivery tank truck with a capacity of 4000 gallons or greater used at bulk gasoline plants, bulk gasoline terminals or gasoline dispensing facilities that is loading or unloading gasoline.

"Greenhouse Gases" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other chemical or physical substance emitted into the air that the Secretary may reasonably anticipate to cause or contribute to climate change.

"Hazardous Air Contaminant" means an air contaminant which in the judgment of the Secretary, taking into account its quantity, concentration or physical, chemical or infectious characteristics, causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness.

"Hazardous Air Pollutant (HAP)" means any air pollutant listed in or pursuant to Section 112(b) of the federal Clean Air Act.

"Hazardous Ambient Air Standard (HAAS)" means the highest acceptable concentration in the ambient air of a hazardous air contaminant as specified in Appendix C or as may be determined under Section 5-261(6) of these regulations. All HAAS's shall be derived in accordance with the methods prescribed in Appendix D of these regulations.

"Hazardous Most Stringent Emission Rate (HMSER)" means a rate of emissions, including a visible emissions standard, which the Secretary, on a case-by-case basis, determines is achievable for a stationary source based on the lowest emission rate achieved in practice by such category of source. If a source demonstrates that due to economic impacts and costs, it cannot achieve the lowest emission rate achieved in practice by such source category, HMSER shall be the lowest emission rate which the Secretary determines said source is capable of achieving, HMSER may be achieved through application of pollution control equipment, production processes or techniques, equipment design, work practices, chemical substitution, or innovative pollution control techniques. In no event shall application of HMSER permit a stationary source to emit any contaminants in excess of any Federal emission standard or any emission standard in these regulations.

"Hearing Officer" means an employee or representative of the Agency appointed by the Secretary to hear any or all matters in any case properly before the Secretary under Subchapter VI of these regulations.

"Heat Input" shall be the aggregate heat content of all fuels introduced into any fuel burning equipment. For the purposes of review of the construction or installation of an air contaminant source, the heat input value used shall be the equipment manufacturer's or designer's guaranteed maximum input, whichever is greater.

"Horsepower (H.P.)" is a unit that is equal to 10 square feet of boiler heating surface.

"Implementation Plan for the Protection of Visibility in Vermont" means the plan with that name developed for the purpose of meeting the requirements contained in Section 169A of the Clean Air Act (42 U.S.C. 7401 et seq.).

"Incinerator" means any structure or furnace in which combustion takes place, the primary purpose of which is the reduction in volume and weight of an unwanted material.

"Leak Free" means no more than 3 drops per minute of product is leaked.

"Loading Rack" means an aggregation or combination of gasoline loading equipment arranged so that all loading outlets in the combination can be connected to a tank truck or trailer parked in a specified loading space.

"Major Modification" means any modification of a major stationary source that would result in a significant increase in actual emissions of any air contaminant.

"Major Source of HAPs" means any stationary source that has allowable emissions, in the aggregate, of 10 tons per year or more of any single HAP, 25 tons per year or more of any combination of HAPs, or such lesser quantity that EPA may establish by rule.

"Major Stationary Source" means any stationary source or modification whose allowable emissions of any air contaminant, except for lead and greenhouse gases, are equal to or greater than 50 tons per year. For the air contaminant lead, "major stationary source" means any stationary source or modification whose allowable emissions of lead are equal to or greater than five tons per year. For the air contaminant that is greenhouse gases, "major stationary source" means any stationary source or modification whose allowable emissions of total greenhouse gases are:

(1)	On a mass basis, equal to or greater than the thresholds in 40 C.F.R. §51.166(b)(1)(i), and

(2)	On a carbon dioxide equivalent (CO2e) basis, subject to regulation at that stationary source or modification.

"Material safety data sheet (MSDS)" means the documentation required for hazardous chemicals by the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (29 C.F.R. 1910) for a solvent, cleaning material, contact adhesive, coating, or other material that identifies select reportable hazardous ingredients of the material, safety and health considerations, and handling procedures.

"Modification" means any physical change in, or change in the method of operation of, a stationary source which increases the actual emission rate of any air contaminant, regardless of any emission reductions achieved at the source. A physical change or change in the method of operation shall not include:

(a)	Routine maintenance, repair and replacement; or

(b)	An increase in the hours of operation or in the production rate, unless such change is prohibited under any condition of a permit issued pursuant to these Regulations.

"Most Stringent Emission Rate (MSER)" a rate of emissions which the Secretary, on a case-by-case basis, determines is achievable for a source based on the lowest emission rate achieved in practice by such category of source, unless the source demonstrates it cannot achieve such a rate due to economic impacts and costs. Costs of achievement of MSER will be accorded less weight for sources or modifications locating in non-attainment areas than for sources or modifications locating in attainment areas for the applicable air contaminant. In no event shall application of MSER result in emissions of any contaminants in excess of any federal emission standard or any emission standard contained in these regulations. If the Secretary determines that imposition of an emission standard is infeasible, a design, equipment, work practice or operational standard, or combination thereof, may be prescribed instead as constituting MSER.

"Motor Vehicle" shall include all vehicles propelled or drawn by power other than muscular power, except tractors used entirely for work on the farm, vehicles running only on stationary rails or tracks, motorized highway building equipment, road making appliances or snowmobiles, or implements of husbandry.

"Multiple Chamber Incinerator" means any article, machine, equipment, contrivance, structure, or part of a structure used to dispose of combustible refuse by burning, consisting of three or more refractory lined combustion furnaces in series, physically separated by refractory walls interconnected by gas passage ports or ducts and employing adequate design parameters necessary for maximum combustion of the material to be burned.

"Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and hydrogen chloride)" means all acid gases emitted in the exhaust gases from MWC units including, but not limited to, sulfur dioxide and hydrogen chloride gases.

"Municipal Waste Combustor Metals (measured as particulate matter)" means metals and metal compounds emitted in the exhaust gases from MWC units.

"Municipal Waste Combustor Organics (measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans)" means organic compounds emitted in the exhaust gases from MWC units and includes total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans.

"Municipal Solid Waste Landfill Emissions (measured as nonmethane organic compounds)" means gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the waste.

"Natural Wood" -- for the purposes of these regulations, natural wood means trees, including logs, boles, trunks, branches, limbs, and stumps, lumber including timber, logs or slabs, especially when dressed for use. This definition shall also include pallets which are used for the shipment of various materials so long as such pallets are not chemically treated with any preservative, paint, or oil. This definition shall not extend to other wood products such as sawdust, plywood, particle board and press board.

"Nonattainment Area" means, for any air contaminant, an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the Secretary to be reliable) to exceed any applicable ambient air quality standard for such contaminant. "Attainment Area" means all other areas, except those areas for which there is not sufficient data to allow classification ("unclassified areas").

"Odor" means that property of gaseous, liquid, or solid materials that elicits a physiologic response by the human sense of smell.

"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of any object in the background.

"Open Burning" -- the burning of any type of combustible material in the open where the products of combustion are emitted directly into the ambient air space without passing through a stack, chimney, or other enclosure. Burning shall include ignition, permitting or causing ignition and suffering, allowing or maintaining burning.

"Oven" means a chamber which is used to bake, cure, polymerize, and/or dry a coating.

"Overall Emission Reduction Efficiency" means the weight per unit time of VOC removed or destroyed by a control device divided by the weight per unit time of VOC generated by a source, expressed as a percentage. The overall emission reduction efficiency can also be calculated as the product of the capture efficiency and the control device destruction or removal efficiency.

"Owner/operator" means the owner(s), operator(s), lessor(s), lessee(s) and/or supervisor(s) of an air contaminant source and/or a person authorized to represent such person(s).

"Particulate Matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than one-hundred (100) micrometers.

"Particulate Matter Emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured
by applicable reference methods, or an equivalent or alternative method, specified in 40 C.F.R. Chapter 1.  Emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures.

"PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method based on appendix J of 40 C.F.R. Part 50 and designated in accordance with 40 C.F.R. Part 53, or by an equivalent method designated in accordance with 40 C.F.R. Part 53.

"PM10 Emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method, specified in 40 C.F.R. Chapter 1.  Emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures.

"PM2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal two-and-a-half (2.5) micrometers as measured by a reference method based on Appendix L of 40 C.F.R. Part 50 and designated in accordance with 40 C.F.R. Part 53, or by an equivalent method designated in accordance with 40 C.F.R. Part 53.

"PM2.5 direct emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal two-and-a-half (2.5) micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method, specified in 40 C.F.R. Chapter 1.  Emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. It does not include emissions of other gaseous precursors which may subsequently contribute to formation of secondary PM2.5 particles through chemical reactions.

"Party" means any person named or admitted as a party under the Act or Subchapter VI of these regulations, or properly seeking and entitled as of right to be admitted as a party thereunder.

"Pathological Waste" -- human and animal remains consisting of carcasses, organs and solid organic waste.

"Permanent", in reference to emission reductions, means that the emission reduction is assured for the life of the corresponding emission increase. The permanence of the subject reduction shall be guaranteed through an enforceable permit limitation confirming the amount and duration of the decrease, or other enforceable mechanism (e.g., permanently dismantling and removing the emissions source, surrendering the permit, etc).

"Person" means an individual, partnership, corporation, association, unincorporated organization, trust or any other legal or commercial entity, including a joint venture or affiliated ownership. The word "person" also means any subdivision, agency, or instrumentality of the State of Vermont, of any other state, of the United States, or of any interstate body.

"Prevention of Significant Deterioration (PSD)" means the protection of the public health and welfare from any actual or potential adverse effect which in the Secretary's judgment may reasonably be anticipated to occur from air pollution which would deteriorate air quality in any portion of the State where existing air quality is better than the ambient air quality standards.

"Process Unit" refers to a unique and/or distinct part of the total process, where raw or partially processed materials undergo a chemical or physical change which generates air contaminants. Within any process unit when any material undergoes a series of operations which are capable of emitting particulate matter and which employ any combination of machines, equipment, or other devices used for processing the material either continuously or in batches, the total process weight for the series of operations shall be the weight of materials introduced to the series as a whole. Any material which is the product of any operation in the series shall not be counted as part of the process weight for any other operation in the series.

"Process Weight" means the total weight of all materials introduced into any process unit which may cause discharge into the ambient air space of particulate matter. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and combustion air will not. "THE PROCESS WEIGHT PER HOUR" will be derived by dividing the total process weight by the number of hours in a complete operation from beginning of any given process to the completion thereof, excluding any time during which the equipment is idle.

"Quantifiable", in reference to emission reductions, means that the amount, rate and characteristics of the emission reduction can be determined through an accurate and reliable method (e.g., through emissions tests, continuous emissions monitoring, material balance, etc.).

"Reasonable Progress Toward the Remedying of Existing Man-made Visibility Impairment in a Sensitive Area" means achieving and maintaining a statewide average emission rate of less than or equal to 1.2 pounds of sulfur dioxide released per million British thermal units of heat input for the category of sources including all fuel-burning equipment with a rated heat input greater than or equal to 100 million British thermal units per hour, by no later than 1995 as described in the Implementation Plan for the Protection of Visibility in Vermont.

"Reasonably Available Control Technology" means devices, systems, process modifications, or other apparatus or techniques designed to prevent or control emissions that are reasonably available, taking into account the social, environmental and economic impact of such controls, and alternative means of emission control.

"Reciprocating Internal Combustion Engine" means any spark ignited or compression ignited engine in which power, produced by heat and/or pressure in the engine cylinder(s) through the burning of a mixture of air and fuel, is subsequently converted to mechanical work by means of one or more pistons.

"Reconstructed Source" means a source wherein the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost of a comparable entirely new source. A reconstructed source will be treated as a new source for the purposes of these regulations.

"Refuse" -- garbage, rubbish, and mixed municipal wastes.

"Reid Vapor Pressure" means the absolute vapor pressure of a liquid or solid petroleum product at 100[o]F (37.8[o]C) in pounds per square inch (kilopascals).

"Rerefined Oil" means any waste oil which has been processed in such a manner as to make it substantially equivalent, in the judgment of the Air Pollution Control Officer, to virgin oil with regard to the emissions caused when it is used as a fuel.

"Respondent" means any adverse party in a case or enforcement action under these regulations.

"Ringelmann Chart" -- the chart published and described in U.S. Bureau of Mines Information Circular 8333 (May 1967) and on which are illustrated graduated shades of grey for use in estimating the light obscuring capacity of smoke.

"Rubbish" -- solids or liquids not considered to be highly flammable or explosive, such as, but not limited to, paper, rags, ashes, leaves, tree branches, yard trimmings, furniture, tin cans, glass, crockery, demolition wastes, junk automobiles, tires, automotive parts and other similar materials.

"Schedule of compliance" means a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to timely compliance with applicable requirements related to the control of air contaminant emissions or the prevention or control of air pollution.

"Secretary" means the Secretary of the Agency of Natural Resources or such person as the Secretary may designate.

"Sensitive Area" means for the purpose of these regulations, any portion of the area comprising Lye Brook Wilderness Area and all other terrain in Vermont at or above the elevation of 2500 feet above mean sea level.

"Significant" means, in reference to a modification's increase in actual emissions or a source's allowable emissions of any of the following air contaminants, a rate of emissions that would equal or exceed any of the following rates:

Air Contaminant
Tons Per Year
Carbon monoxide
50
Nitrogen oxides
40
Sulfur dioxide
40
Particulate matter emissions
25
PM10 emissions
15
PM2.5[1]

     PM2.5 direct emissions
10
     Sulfur dioxide
40
     Nitrogen oxides
40
Volatile organic compounds(VOC)
40
Lead
0.6

Fluorides
3
Sulfuric acid mist
7
Hydrogen sulfide (H2S)
10
Total reduced sulfur (including H2S)
10
Reduced sulfur compounds (including H2S)
10
Municipal waste combustor organics (measured
as total tetra-through octa- chlorinated
dibenzo-p-dioxins and
dibenzofurans)
3.5 x 10[-][6]
Municipal waste combustor metals (measured
as particulate matter)
15
Municipal waste combustor acid gases
(measured as sulfur dioxide and hydrogen
chloride)
40
Municipal solid waste landfill emissions
(measured as nonmethane organic compounds)
50
Greenhouse gases
         1. [2]
[1] For PM2.5, significant means either 10 tons per year or more of direct PM2.5 emissions, 40 tons per year or more of sulfur dioxide emissions or 40 tons per year or more of nitrogen oxides emissions.
[2]For greenhouse gases, "significant" means a rate of emissions for total greenhouse gases, on a carbon dioxide equivalent (CO2e) basis, that (1) is subject to regulation at that source or modification, and (2) would equal or exceed the significance level established by EPA.

"Smoke" means the visible aerosol, resulting from incomplete combustion, which contains fly ash and/or other combustion contaminants, excluding condensed water vapor.

"Stack" means any chimney, flue, conduit, or duct arranged to conduct emissions to the ambient air.

"Standard Conditions" means a temperature of 20[o]C (68[o]F) and a pressure of 760 mm (29.92 inches) of Hg.

"State Enforceable" means all limitations and conditions which are enforceable by the Agency by means of state regulations, construction or operating permits, administrative orders, assurances of discontinuance, court orders, or contracts.

"Stationary Reciprocating Internal Combustion Engine" means a reciprocating internal combustion engine that remains at a stationary source for more than twelve consecutive months or a shorter period of time for a reciprocating internal combustion engine located at a seasonal source. A reciprocating internal combustion engine located at a seasonal source is an engine that remains or will remain at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains or will remain at a single location on a permanent basis (i.e., at least two years) and that operates at the location for three months or more each year.

"Stationary Source" means any structure(s), building(s), facility(ies), equipment, installation(s), or operation(s) (or combination thereof) which emits or may emit any air contaminant, which is located on one or more contiguous or adjacent properties and which is owned or operated by the same person (or persons under common control). The phrase "emits or may emit any air contaminant" as used in this definition applies to both fugitive emissions and stack emissions.

"Stationary Source Hazardous Air Impact Standard" means a concentration in the ambient air of a hazardous air contaminant attributable to the air quality impacts of a stationary source, in conjunction with the air quality impacts from other stationary sources as determined in accordance with the Agency's air quality impact evaluation guidelines (revised November 20, 1992). Stationary source hazardous impact standards are specified in Appendix C or may be determined under Section 5-261(6) of these regulations.

"Subject To Regulation" means subject to regulation as defined by EPA at 40 C.F.R. §51.166(48)(b) and any references therein to "major stationary source" shall be interpreted as defined in 40 C.F.R. § 51.166(b)(1)(i) rather than as defined in this Section 5-101 of these regulations.

"Submerged Fill" means the method of filling a gasoline tank truck or storage tank in which gasoline enters within six inches of the bottom of the tank. Bottom filling of gasoline tank trucks and storage tanks is included in this definition.

"Surplus", in reference to emission reductions, means emission reductions that are voluntarily created by a source and are not required by any state or federal laws or regulations or related permits, orders or agreements and are not relied upon for Agency planning purposes.

"Ton" means "short ton" or 2000 pounds.

"Total Suspended Particulate (TSP)" means particulate matter as measured by the reference method specified in Title 40 C.F.R. Part 50, Appendix B.

"True Vapor Pressure" means the absolute pressure in pounds per square inch (kilopascals) of a pure vapor in equilibrium with its pure liquid or solid form at a given temperature.

"Used Oil" means any petroleum product that has been refined from crude oil (in whole or in part), or any synthetic oil, that has been used and unrefined, or is unfit for its intended use as a result of contamination by physical or chemical impurities.  Used oil is a free-flowing liquid at standard temperature and pressure and has a flash point of greater than 100 degrees (F).  Used oil includes oils used as lubricants, heat transfer fluids, hydraulic fluids, and for other similar uses, but does not include materials derived from crude or synthetic oils that are fuels (e.g. gasoline, jet fuel and diesel fuel), cleaning agents or solvents (e.g. naptha or mineral spirits).  These materials are subject to regulation under the Hazardous Waste Management Regulations Subchapters 1 through 7, as applicable.

"Vapor Balance System" means a combination of pipes or hoses which create a closed system between the vapor spaces of an unloading tank and a receiving tank such that vapors displaced from the receiving tank are transferred to the tank being unloaded.

"Vapor Collection System" means all piping, seals, hoses, connections, pressure vacuum vents and other equipment between the gasoline tank truck and the vapor processing unit and/or the storage tanks and vapor holder.

"Vapor Control System" means a system that limits or prevents release to the atmosphere of organic compounds in the vapors displaced from a tank during the transfer of gasoline.

"Vapor Recovery System" means a vapor gathering system capable of collecting volatile organic compound vapors and gases emitted during the operation of any transfer, storage or process equipment.

"Vapor-Tight" means equipment that allows no loss of vapors. Compliance with vapor-tight requirements can be determined by checking to ensure that the concentration at a potential leak source is not equal to or greater than 100 percent of the lower explosive limit (LEL) when measured with a combustible gas detector, calibrated with propane, at a distance of 1 inch (2.54 cm) from the source.

"Vapor-Tight Gasoline Tank Truck" means a gasoline tank truck with a product delivery tank that sustains a pressure change of not more than 3.0 inches (75 mm) of water within 5 minutes after it is pressurized to 18 inches (450 mm) of water; or when evacuated to 5.9 inches (150 mm) of water, the same tank will sustain a pressure change of not more than 3.0 inches (75 mm) of water within 5 minutes. This capacity shall be demonstrated by annual testing using the procedures specified in Method 27 of 40 C.F.R. Part 60, Appendix A.

"Visibility Impairment" means any humanly perceptible change in visual range, contrast, or coloration from that which would have existed under natural visibility conditions.

"Volatile Organic Compound (VOC)" means any organic compound (i.e., chemical compound of carbon) that participates in atmospheric photochemical reactions. This includes any organic compound other than those determined by the Administrator of the U.S. Environmental Protection Agency to have no or negligible photochemical reactivity.

"Wood Fuel" for the purposes of these regulations means natural wood, as well as, sawdust or other wood waste generated by wood processing operations.

SUBCHAPTER II.  PROHIBITIONS

5-201	OPEN BURNING PROHIBITED

(1)	No person shall engage in any open burning except in conformity with the provisions of Section 5-201, 5-202, and 5-203.

(2)	No person shall cause, suffer, allow or permit the open burning of garbage, tires, rubber, plastic, waste oil, asphalt materials, materials containing asbestos, or pressure treated wood, except as may be allowed under subsections (3) and (7) of Section 5-202.

5-202	PERMISSIBLE OPEN BURNING

When not prohibited by local ordinances or officials having jurisdiction such as local, state or federal fire wardens or other fire prevention officials, the following types of burning are permissible, provided no public or private nuisance is created.

(1)	Natural wood fires in conjunction with holiday and festive celebrations.

(2)	Campfires, outdoor grills, and fireplaces for recreation or preparing of food.

(3)	Burning of solid or liquid fuels or structures for the purpose of bona fide instruction and training of municipal, volunteer, and industrial firefighters in the methods of fighting fires when conducted under the direct control and supervision of qualified instructors. Said firefighters shall be residents of the State of Vermont or affiliated with the mutual aid systems within the State of Vermont. Notification by the fire training officer or the fire chief of the training exercise shall be made to the Air Pollution Control Officer on prescribed forms at least 14 days prior to the exercise.

(4)	Burning in forest land areas of brush, tree cuttings and slash when the cuttings accrue from logging or site clearing operations.

(5)	Burning for the purpose of weed abatement; disease, forest fire and pest prevention or control; and for the purpose of agricultural, forestry or wildlife habitat management.

(6)	On-premise burning of leaves, brush, deadwood, or tree cuttings accrued from normal property maintenance by the owner, his or her agent, or lessee thereof.

(7)	Open burning, as follows, if prior approval in writing is obtained from the Air Pollution Control Officer. Approvals granted under this subsection shall be subject to such reasonable conditions as are necessary to avoid a nuisance or to protect the health, safety or comfort of the public. The requirement for approval in writing may be waived by the Air Pollution Control Officer and oral approval may be granted instead when, in his or her judgment, the impacts of the burning will be insignificant.

(a)	Burning in remote areas, of highly explosive or other dangerous, or unusual materials for which there is no other feasible method of disposal.

(b)	Burning in remote areas of natural wood resulting from the construction or demolition of buildings and other structures originating from within the State.

(c)	Fires to thwart a hazard which cannot properly be managed by any other means or that are necessary for the protection of public health.

(d)	Burning of other combustible materials for which there is no other feasible method or disposal.

(8)	Burning of natural wood in an area designated by the selectmen or city council, with the permission of the selectmen or city council of that municipality and the fire warden in that jurisdiction, and in conformance with the procedures outlined in Section 5-203 of these regulations.

5-203	PROCEDURES FOR LOCAL AUTHORITIES TO BURN NATURAL WOOD

The legislative branch of a municipality (selectmen or city council) may authorize the burning of natural wood and chemically untreated wood at a place within the municipality. The burning of such wood shall be conducted under the direction of and at such times as the fire warden for that municipality determines. If the selectmen or city council intends to exercise this option to burn natural wood, the selectmen or city council shall notify the Secretary of the location of the site to be utilized for the public disposal of natural wood by open burning. Prior to burning of any material at this site, the Secretary shall certify in writing that this site is the one place within the municipality that will be used for the open burning of natural wood.

5-204	OUTDOOR WOOD FIRED BOILERS

(a)	Applicability.

(1)	This section shall apply to any person who owns, operates, installs, allows the installation or operation of, purchases, distributes or sells, or manufactures any outdoor wood-fired boiler for use in Vermont, except as provided below.

(2)	Except for the requirements in subdivision (c)(3) of this section, this section shall not apply to any person who owns, operates, installs, allows the installation or operation of, purchases, distributes or sells, or manufactures:

(i) 	Any continuously fed outdoor wood-fired boiler that is specifically designed to burn pellet type fuels with metered fuel and air feed and controlled combustion engineering and that is distributed or sold for use in Vermont before March 31, 2010.

(ii)	Any outdoor wood-fired boiler that is or has been owned by such person for his or her own personal use and is distributed or sold to another for his or her own personal use, provided that the installation requirements in subdivision (c)(2) of this section  are met. For the purposes of this section, "personal use" means the use of an OWB by an individual solely for residential space or domestic water heating and not to service a commercial or institutional establishment.

 (b)	Definitions. For the purposes of this section, the following definitions apply, in addition to those of Section 5-101 of this chapter.

      "Biomass Fuel" means solid biological material derived from living, or recently living, vegetation, including natural wood or wood pellets made from natural wood.

      "Distribute or Sell" means to distribute, sell, advertise for sale, offer for sale, hold for sale, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver.  This term also includes conditional sales and long-term leases.
      "Manufacturer" means any person who constructs, markets as their own, or imports into the United States an outdoor wood-fired boiler.

      "Model" means all outdoor wood-fired boilers offered for distribution or sale by a single manufacturer that, in the judgment of the Air Pollution Control Officer, have the same heat output capacity and are similar in all other material respects.

      "Outdoor Wood-Fired Boiler" (a.k.a., OWB, outdoor wood-fired hydronic heater or outdoor wood furnace) means a fuel burning device: (1) designed to burn primarily wood; (2) that the manufacturer specifies should or may be installed outdoors or in structures not normally occupied by humans, such as attached or detached garages or sheds; and, (3) which heats spaces or water by the distribution through pipes of a fluid heated in the device, typically water or a mixture of water and antifreeze. In addition, as used in subsection (c) of this section only, this term also means any wood-fired boiler that, after October 1, 2009, is actually installed outdoors or in structures not normally occupied by humans, such as attached or detached garages or sheds, regardless of whether such use has been specified by the manufacturer.

      "Phase I OWB" means an OWB that has been certified by the Air Pollution Control Officer as meeting the particulate matter emission limit specified in Section 5-204(e)(2)(i) of this chapter.

      "Phase II OWB" means an OWB that has been certified by the Air Pollution Control Officer as meeting the particulate matter emission limits specified in Section 5-204(e)(2)(ii) of this chapter.

      "Untreated Natural Wood" means natural wood that has not been treated with any preservative, herbicide, pesticide, adhesive, paint, stain, oil or other chemical or coating.

(c)	Requirements for Purchasers, Installers, and Owners/Operators

(1)	Requirements for Purchasers

(i) 	On or after October 1, 2009 to March 31, 2010, no person shall purchase any OWB unless it is a Phase I OWB or a Phase II OWB.

(ii) 	On or after March 31, 2010, no person shall purchase any OWB unless it is a Phase II OWB.

      (2) 	Installation Requirements

(i)	After October 1, 1997, no person shall install or allow the installation of any OWB that is not a Phase I OWB or a Phase II OWB unless the OWB:

(A)	Is located more than 200 feet from any residence that is neither served by the OWB nor owned by the owner or lessee of the OWB; and,

(B)	Has a permanent stack extending higher than the peak of the roof of the structure(s) being served by the OWB, if any residence, which is not owned by the owner or lessee of such OWB, is located more than 200 but less than 500 feet from the OWB.

(ii)	No person shall install or allow the installation of any Phase I OWB unless it is located more than 200 feet from any residence that is neither served by the OWB nor owned by the owner or lessee of the OWB.

(iii)	No person shall install or allow the installation of any Phase II OWB unless it is located more than 100 feet from any residence, school or health care facility that is neither served by the OWB nor owned by the owner or lessee of the OWB.

(iv) 	No person shall install or allow the installation of any OWB unless it complies with all applicable laws and regulations, including but not limited to local ordinances, and its operation does not create a public nuisance.

(3) 	Operation Requirements

(i)	No person shall cause, suffer, allow or permit the operation of any OWB unless it was installed in accordance with the applicable requirements of subdivision (c)(2) of this section.

(ii)	Allowable fuels.  No person shall cause, suffer, allow or permit the burning of any material in an OWB except for the following:

(A)	Untreated natural wood, as defined herein;

(B)	Wood pellets made from untreated natural wood;

(C)	Home heating oil, natural gas or propane that complies with all applicable sulfur content limits and is used as a starter or supplemental fuel for dual-fired OWBs; or

(D)	Other biomass fuels in Phase II OWBs certified for such fuels or in OWBs described in subdivision (a)(2)(i) of this section.

(iii)	No person shall cause, suffer, allow or permit the operation of any OWB, except in conformance with the manufacturer's operating and maintenance instructions.

 (iv)	No person shall cause, suffer, allow or permit the operation of any OWB unless it complies with all applicable laws and regulations, including but not limited to local ordinances, and its operation does not create a public nuisance.

(d)	Requirements for Sellers

(1)	On or after October 1, 2009 to March 31, 2010, no person shall distribute or sell any OWB unless it is a Phase I OWB or a Phase II OWB.

(2)	On or after March 31, 2010, no person shall distribute or sell any OWB unless it is a Phase II OWB.

(3)	Notice to Buyers.

(i)	After October 1, 1997, no person shall distribute or sell any OWB unless prior to any retail sales or lease agreement, the seller or dealer provides the prospective buyer or lessee with written notice stating that:

(A)	Only allowable fuels, as specified in Section 5-204(c)(3)(ii), may be burned in an OWB;

(B)	Installation of the OWB is subject to the applicable stack height and/or distance requirements provided in Section 5-204(c)(2)(i)-(iii). [Each notice shall expressly disclose each such requirement];

(C)	Use of an OWB that meets the applicable stack height and/or distance requirements provided in Section 5-204(c)(2)(i)-(iii) is not appropriate in some areas due to terrain that could render the operation of an OWB to be a nuisance or a public health hazard;

(D)	All OWBs must be operated in conformance with the manufacturer's operating and maintenance instructions.

(ii)	The written notice shall be signed and dated by the prospective buyer or lessee to verify timely receipt of the notice prior to the sale or lease and shall contain the name, address and telephone number of both the seller or dealer and the prospective buyer or lessee, the location where the OWB will be installed, and the make and model of the OWB. Prior to making delivery of an OWB into the possession of any buyer or lessee, the seller or dealer shall mail or otherwise provide a copy of the signed notice to the:

                      Air Quality & Climate Division
                                    Davis 2
                            One National Life Drive
                        Montpelier, Vermont 05620-3802

(e)	Requirements for Manufacturers

(1)	Certification Requirement

(i)	On or after October 1, 2009 to March 31, 2010, no person shall distribute or sell an OWB unless the Air Pollution Control Officer has issued a certification to the manufacturer that the OWB, or model it represents, is a Phase I or a Phase II OWB.

(ii)  On or after March 31, 2010, no person shall distribute or sell an OWB unless the Air Pollution Control Officer has issued a certification to the manufacturer that the OWB, or model it represents, is a Phase II OWB.

(iii)	A certification issued under this subsection shall be valid for five years from the date of issuance, unless revoked sooner by the Air Pollution Control Officer pursuant to subdivision (e)(3) of this section.

(2)	Certification Emission Limits.

(i)	To be certified as a Phase I OWB under subdivision (e)(1) of this section, the OWB shall not emit, or cause or allow to be emitted, any gases that contain particulate matter in excess of 0.44 pounds per million BTUs of heat input, as determined in accordance with the test methods and procedures in this subsection.

(ii)	To be certified as a Phase II OWB under subdivision (e)(1) of this section, the OWB shall not emit, or cause or allow to be emitted, any gases that contain particulate matter in excess of 0.32 pounds per million BTUs of heat output, as determined in accordance with the test methods and procedures in this subsection.  Separate tests shall be conducted for each biomass fuel type (e.g. wood, corn pellets, etc.) that the manufacturer's owner's manual or sales/marketing information indicates the model is capable of burning.  In addition, within each of the burn rate categories established in USEPA test method 28 OWHH (when this method is used), no individual test run shall exceed 18 grams per hour for OWBs with a rated heat output capacity of less than 350,000 BTUs per hour and 20 grams per hour for OWBs with a rated heat output capacity of 350,000 BTU per hour or more.

(3)	Certification Testing Requirements

(i)	To demonstrate that an OWB complies with the applicable emission limit(s) under subdivision (e)(2) of this section, the manufacturer shall have emission test(s) conducted and furnish the Air Pollution Control Officer with a written report of the test results, including a detailed description of the operating conditions of the OWB during the tests.  Said written report shall contain such documentation and other information and follow such format as may be specified by the Air Pollution Control Officer.  Before submitting any such test report to the Air Pollution Control Officer, the manufacturer shall have it reviewed and approved by USEPA's Hydronic Heater Program, USEPA's Environmental Technology Verification Program, or any other agent authorized by the Air Pollution Control Officer for this purpose.

(ii)	In the discretion of the Air Pollution Control Officer, a manufacturer may have emission tests conducted on an OWB that is representative of one of its models and may use those tests to demonstrate compliance of all units it manufactures of that model.

(iii)	Emission tests shall be conducted by independent testing consultants who have no conflict of interest and receive no financial benefit from the outcome of the testing. Manufacturers shall not be involved in the conduct of emission tests, nor in the operation of the unit being tested, once actual sampling has begun.

(iv)	Emission tests shall be conducted and data reduced in accordance with:

(A)	USEPA Test Method 28 OWHH for Measurement of Particulate Emissions and Heating Efficiency of Outdoor Wood-Fired Hydronic Heating Appliances ("USEPA Test Method 28 OWHH");

(B)	40 C.F.R. Part 60, Appendix A, Test Methods 1 through 5, and 40 C.F.R. Part 51, Appendix M, Test Method 202; or

(C)	Alternative methods approved by the Air Pollution Control Officer.

(v)	If there is any deviation from the test methods specified in paragraph (e)(3)(iv) of this section, the manufacturer shall provide the Air Pollution Control Officer with a test protocol at least 30 days prior to the certification testing.  In this event, the testing will not be considered valid without prior approval of the test protocol by the Air Pollution Control Officer.

(vi)	Emission tests shall be conducted under such conditions as the Air Pollution Control Officer shall specify.  Testing conducted using USEPA Test Method 28 OWHH or similar laboratory methods shall be performed only by laboratories that hold a valid certificate of accreditation granted by the USEPA pursuant to 40 C.F.R. §60.535.  The conditions during testing conducted using EPA Methods 1 through 5 and 202 shall be based on representative performance of the OWB under actual field operating conditions.

(vii)	The manufacturer shall provide the Air Pollution Control Officer with at least 30 days prior notice of any emission test to afford the Air Pollution Control Officer the opportunity to have an observer present.  The manufacturer of any OWB(s) being tested to meet the requirements of this subsection shall reimburse the state of Vermont for the reasonable expenses incurred by any such observer for out-of-state travel to observe such testing, including among other items the costs of transportation, lodging and meals.

(viii)Each manufacturer that has been issued a certification under subdivision (e)(1) of this section shall maintain all documentation pertaining to the certification test, including the full test report and raw data sheets, laboratory technician notes, field technician notes, if any, calculations and the test results for all test runs for a period of no less than five years from the date the certification is issued.

(4)	Certification Revocation.  A certification of an OWB, or model, may be revoked by the Air Pollution Control Officer based on any of the following:

(i)	The OWB does not meet the applicable emission limit in subdivision (e)(2) of this section based on test data from a retesting of the original unit on which the certification test was conducted;

(ii)	A finding that the certification test was not valid;

(iii)	Physical examination showing that a significant percentage of production units inspected are not similar in all material respects to the representative OWB submitted for testing;

(iv)	Failure of the manufacturer to maintain all documentation pertaining to the certification test, including the full test report and raw data sheets, laboratory technician notes, field technician notes, if any, calculations and the test results for all test runs;

(v)	Denial or revocation of emissions certification or qualification for an OWB, or model, by another state or the USEPA based on any of the grounds in paragraphs (e)(4)(i)-(iv) of this section; or

(vi)	A finding based on any other evidence that an OWB, or model, does not comply with the requirements of this subsection.

(5)	Notification by Manufacturers

(i)	By March 1[st] of each year and within 30 days of receiving a certification for an OWB from the Air Pollution Control Officer, each OWB manufacturer shall provide the following information in writing to any person to whom the manufacturer has distributed or sold, intends to distribute or sell, or actually distributes or sells OWBs for use in Vermont:

(A)	A list of all the models of OWBs it manufactures;

(B)	An identification of which, if any, of said OWB models has been issued a certification under subsection (e) of this section and thus may be distributed or sold for use in Vermont; and

(C)	An identification of which, if any, of said OWB models are Phase I OWBs that may not be distributed or sold for use in Vermont on or after March 31, 2010.

(ii) 	By March 15[th] of each year and within 45 days of receiving a certification for an OWB from the Air Pollution Control Officer, a copy of all written information provided to comply with subdivision (e)(5)(i) of this section and a list of persons to whom it was provided and their addresses shall be submitted to the Air Pollution Control Officer.

(f)	Enforcement.  With respect to 10 V.S.A. Chapters 201 and 211 and 10 V.S.A. §568, each distribution or sale, purchase, installation, or operation of each OWB in violation of any of the requirements of this section shall constitute a separate violation.

5-205	[REPEALED] Repealed eff. October 1, 2009.

5-211	PROHIBITION OF VISIBLE AIR CONTAMINANTS

(1)	Installations constructed prior to April 30, 1970

      No person shall cause, suffer, allow or permit the emission of any visible air contaminant from installations constructed prior to April 30, 1970, for more than a period or periods aggregating six (6) minutes in any hour, which has a shade, or density, greater than 40% opacity (No. 2 on the Ringelmann Chart).

      At no time shall the visible air contaminants have a shade, density, or appearance greater than 60% opacity (No. 3 of the Ringelmann Chart).

(2)	Installations constructed subsequent to April 30, 1970

      No person shall cause, suffer, allow or permit the emission of any visible air contaminant from installations constructed subsequent to April 30, 1970, for more than a period or periods aggregating six (6) minutes in any hour, which has a shade, or density, greater than 20% opacity (No. 1 of the Ringelmann Chart).

      At no time shall the visible air contaminants have a shade, density, or appearance greater than 60% opacity (No. 3 of the Ringelmann Chart).

(3)	Exceptions - Wood Fuel Burning Equipment

(a)	During normal startup operations, emissions of visible air contaminants in excess of the limits specified in subsections (1) and (2) above may be allowed for a period not to exceed one (1) hour.

(b)	During normal soot blowing operations, emissions of visible air contaminants in excess of the limits specified in subsections (1) and (2) above may be allowed for a period not to exceed 30 minutes during any 24 hour period.

(c)	At no time shall the visible air contaminants allowed under this subsection have a shade, density, or appearance greater than 80% opacity (No. 4 of the Ringelmann Chart).

(d)	Any wood fuel burning equipment that has a rated output of 40 H.P. or less shall not be subject to this regulation (Section 5-211).

5-221	PROHIBITION OF POTENTIALLY POLLUTING MATERIALS IN FUEL

(1)	Sulfur Limitations in Fuel

(a)	No person shall cause or permit the use, purchase, or sale for use in stationary combustion installations within the State of Vermont for heat or power generation of:

(i)	Fuels containing more than 2.0% sulfur by weight, except as otherwise provided below;

(ii)	No. 2 and lighter distillate oils and animal and vegetable oil fuel oils  with a sulfur content greater than 0.05% by weight, beginning on July 1, 2014 and ending on June 30, 2018;

(iii)	No. 2 and lighter distillate oils and animal and vegetable oil fuel oils  with a sulfur content greater than 0.0015% by weight, beginning on July 1, 2018;

(iv)	No. 4 residual oil with a sulfur content greater than 0.25% by weight, beginning on July 1, 2018; and

(v)	No. 5 and No. 6 residual oils and heavier residual oils and used oils with a sulfur content greater than 0.5% by weight, beginning on July 1, 2018

(b)	Notwithstanding the provisions of subsection (1)(a) of this section, fuel stored in Vermont that met the applicable maximum sulfur content limit at the time the fuel was stored in Vermont may continue to be stored, used, delivered or exchanged in trade after the effective date of the applicable limit in subsection (1)(a) of this section, but may not be offered for sale or sold.

(c)	Subsection (1)(a) of this section shall not apply where compounds of sulfur are removed from the flue gas to the extent that the emissions of compounds of sulfur to the ambient air space are no greater than that which would be emitted under subsection (1)(a) hereof. Emissions testing and/or continuous emissions monitoring, coupled with the filing of quarterly emission reports with the Air Pollution Control Officer, shall be required to demonstrate that the sulfur compounds emitted have been adequately reduced.

(d)	The Governor, by executive order, may temporarily suspend the implementation and enforcement of subsection (1)(a) of this section if the Governor determines, after consulting with the Secretary and commissioner of public service, that meeting the requirements is not feasible due to an inadequate supply of the required fuel.

(e)	Contravention of National Primary or Secondary Ambient Air Quality Standards. If there is a contravention of national primary or secondary ambient air quality standards promulgated pursuant to the Federal Clean Air Act, as amended (42 U.S.C. 7401, et seq.), the Secretary may impose more stringent sulfur limitations in fuel than contained in subsection (1)(a) of this section on a regional, or individual basis and for such time periods as is necessary to assure continued compliance with the national ambient air quality standards.

(f) 	Recordkeeping and Reporting

(i)	Any person who imports or receives for wholesale distribution residual oil in the State of Vermont shall submit to the Air Pollution Control Officer quarterly reports for each calendar quarter within 30 days after the close of each quarter itemizing the quantity, sulfur content, ash content and heat content for each shipment of such fuel. It is the responsibility of the person importing or receiving such residual oil to maintain a record of the certified fuel analyses upon which the quarterly reports are based and provide the user a copy of the certification.

(ii)	Any person who uses residual oil shall maintain records of the certified fuel analyses provided by the supplier.

(iii)	Copies of all records and reports required by this regulation shall be available during normal business hours and shall be provided to the Air Pollution Control Officer upon request.

(2)	Used Oil

(a)	Effective July 1, 1997, the burning of used oil in small fuel burning equipment described as "pot burners" or "vaporizing" burners shall be prohibited, as shall the retail sale of these burners.

(b)	No person shall cause or permit the use, purchase, sale or exchange in trade for use as a fuel in fuel burning equipment in Vermont of any used oil unless:

(i)	The used oil has constituents and properties within the allowable limits set forth in Table A of this section prior to blending except as provided in subsection (e) below.  The Air Pollution Control Officer may prohibit the combustion of used oils containing constituents or properties not listed in Table A of this section if he/she determines that combustion of such used oil may present an unreasonable risk to public health or welfare;

(ii)	The seller or user performs all sampling and analysis required under this section;

(iii)	The combustion efficiency of the equipment is demonstrated to the Air Pollution Control Officer to be at least 99 percent while burning used oil;

(iv)	The emissions of visible air contaminants from the equipment comply with Section 5-211(2) of these regulations;

(v)	All fuel burning equipment must vent to the outside atmosphere in a manner as not to significantly impede the upward dispersion of the exhaust as determined by the Air Pollution Control Officer; and

(vi)	The seller and user manages used oil in accordance with the applicable requirements of Subchapter 8 of the Vermont Hazardous Waste Management Regulations.

                         TABLE A: USED OIL CONSTITUENTS AND PROPERTIES
                                      (Prior to Blending)
Constituent/Property
                                 Allowable[1]

Arsenic
                                                                  5 ppm maximum
Cadmium
                                                                  2 ppm maximum
Chromium
                                                                 10 ppm maximum

Lead
                                                                100 ppm maximum

Flash Point
                                                  Must be 100 degrees F or more
Total Halogens
                                                               1000 ppm maximum
Polychlorinated Biphenyls (PCBs)
                                                             < 2 ppm maximum
Net Heat of Combustion
                                                            8000 BTU/lb minimum
[1]Note:	units of parts per million (ppm) are by weight on a water free basis.

(d)	Permitting requirements

            (i) No person may construct or modify any fuel burning equipment with a maximum operating heat input rate greater than 500,000 BTU's per hour in which used oil is to be burned if used oil is to be burned in amounts of 5,000 gallons per year facility wide or more until all requirements of this section have been met and a permit has been issued in accordance with Section 5-501 of these regulations.

            (ii) Any person who constructs or modifies such fuel burning equipment with a maximum operating heat input rate of greater than 500,000 BTU's per hour in which used oil is to be burned and at a facility in which used oil is to be burned in amounts less than 5,000 gallons per year facility wide shall provide written notice to the Air Pollution Control Officer of such activity prior to the date of initial burning of used oils.  Such notice shall include: the type of fuel burning equipment that will be used to combust the used oil, the maximum rated heat input capacity of such fuel burning equipment, the anticipated quantity of used oil to be burned in each device at the facility each year, the type(s) and source(s) of used oil(s) to be burned, the results of analyses representative of the used oil(s) to be burned that includes all constituents and properties listed in Table A of this section, and a statement that the person will comply with the requirements of this section.

(e)	Exceptions to used oil constituent and property limitations

            An owner or operator of fuel burning equipment may be exempted by the Air Pollution Control Officer from the used oil constituent and property limitations in Table A of this section if such owner or operator:

(i)	Demonstrates compliance with Section 5-261 (Control of Hazardous Air Contaminants) of these regulations;

(ii)	Submits results of analyses representative of the used oil(s) to be burned that includes all constituents and properties listed in Table A of this section; and

(iii)	Demonstrates that the emissions resulting from the burning of used oil will not cause or contribute to a violation of any ambient air quality standard or of any prevention of significant deterioration increment and will not impact on any Class I area.

      (f)	Exemptions from Section 5-261 (Control of Hazardous Air Contaminants)

      	Notwithstanding Section 5-261(1) of these regulations, any person burning used oil in compliance with Table A and this section in fuel burning equipment equal to or less than 500,000 BTU's per hour or in fuel burning equipment greater than 500,000 BTU's per hour but in amounts less than 5,000 gallons per year facility wide shall not be subject to Section 5-261 (Control of Hazardous Air Contaminants) of these regulations.

(c)	Sampling, analysis, monitoring and records

The Air Pollution Control Officer may require the owner and/or operator of fuel burning equipment burning used oil to:

(i)	 Conduct sampling and analyses representative of the used oil(s) to be burned that includes all constituents and properties listed in Table A of this section. Sampling and analyses of used oil shall be performed in accordance with methods acceptable to the Air Pollution Control Officer;

(ii)	Perform stack monitoring and testing while burning used oil;

(iii)	Maintain a separate storage tank for any used oils to be burned; and

(iv)	Maintain records of the quantities of used oil burned including used oil generated on-site and used oil received from off-site, dates of receipt of such used oil, and the names and addresses of all used oil suppliers for three calendar years.  Such records shall always be required and maintained for three calendar years if any used oil is burned in any fuel burning equipment at the facility with a maximum operating heat input rate greater than 500,000 BTU's per hour.

5-231	PROHIBITION OF PARTICULATE MATTER

(1)	Industrial Process Emissions

(a)	No person shall discharge, cause, suffer, allow, or permit in any one hour from any stack whatsoever particulate matter in excess of the amount shown in Table 1. For purposes of this regulation the total process weight entering a process unit shall be used to determine the maximum allowable emissions of particulate matter which may pass through the stack associated with the process unit. When two or more process units exhaust through a common stack, the combined process weight of all of the process units, served by the common stack, shall be used to determine the allowable particulate matter emission rate.

(b)	In cases where process weight is not applicable as determined by the Air Pollution Control Officer, the concentration of particulate matter in the effluent gas stream shall not exceed 0.14 grams per cubic meter (0.06 grains per cubic foot) of undiluted exhaust gas at standard conditions on a dry basis. In the case of wood processing operations, process weight is not applicable, and instead, the concentration standard specified in this subsection shall apply.

(2)	Incinerator Emissions

(a)	A person shall not discharge, cause, suffer, allow, or permit the emission of particulate matter from any incinerator with a designed charging rate of less than 45.36 metric tons (50 tons) per day and which is not a crematory, to exceed 0.05 kilograms (0.10 pounds) per 43.36 kilograms (100 pounds) of refuse burnt. All incinerators built and installed after July 1, 1971, shall be multiple chamber incinerators or equipment found by the Air Pollution Control Officer, in advance of such use, to be equally effective for the purpose of air pollution control as an approved multiple chamber incinerator. The responsibility for showing that the equipment other than a multiple chamber incinerator is in compliance with the emission limits of this subsection shall be on the person seeking to come within the provisions of this subsection.

(b)	Any incinerators with a designed charging rate of 45.36 metric tons (50 tons) per day or more shall be operated in such a manner that emissions of particulate matter shall not exceed 0.183 grams per dry standard cubic meter (0.08 grains per dry standard cubic foot) corrected to 12 percent carbon dioxide.

(c)	A person shall not discharge, cause, suffer, permit, or allow to be emitted from any crematory any gases that contain particulate matter in excess of 0.14 grams per dry standard cubic meter (0.06 grains per dry standard cubic foot), corrected to 7 percent oxygen. The owner or operator of a crematory installed after June 1, 1995 shall ensure that the last combustion chamber or zone of the crematory is preheated to a temperature of at least 1,600 degrees Fahrenheit prior to introduction of the charge. All sampling runs conducted as a part of emission tests intended to demonstrate compliance with the emission limit specified in this subsection shall begin when waste material is first introduced into the crematory.

(d)	Any incinerator which is designed or operated primarily for the purpose of producing heat or power may be designated as fuel burning equipment by the Air Pollution Control Officer. An incinerator so designated shall be subject to the emission limitations set forth in subsection(3)(a) of this section, concerning combustion contaminants.

(3)	Combustion Contaminants

(a)	A person shall not discharge, cause, suffer, allow or permit the emission of particulate matter caused by the combustion of fossil fuel in fuel burning equipment from any stack or chimney in excess of the following emission limits:

(i)	0.5 pounds per hour per million BTU's of heat input in combustion installations where the heat input is 10 million BTU's or less per hour.

(ii)	For combustion installations where the heat input is greater than 10 million BTU's per hour, but where the heat input is equal to or less than 250 million BTU's per hour, the applicable limit is determined by using the following formula:

where:

EPM -	is the particulate matter emission limit, expressed to the nearest hundredth pound per hour per million BTU's; and

HI -	is the heat input in millions of BTU's per hour.

(iii)	0.1 pounds per hour per million BTU's of heat input in installations where the heat input is greater than 250 million BTU's per hour, but where the heat input is equal to or less than 1000 million BTU's per hour.

(iv)	0.06 pounds per hour per million BTU's of heat input in installations where the heat input is greater than 1000 million BTU's per hour.

(b)	A person shall not discharge, cause, suffer, allow, or permit the emission of particulate matter caused by the combustion of wood fuel in fuel burning equipment from any stack or chimney:

(i)	In excess of 0.45 grains per dry standard cubic foot (gr/DSCF) of exhaust gas corrected to 12% CO2 in any combustion installation that has a rated output of greater than 90 H.P. which commenced operation prior to December 5, 1977.

(ii)	In excess of 0.20 gr/DSCF corrected to 12% CO2 in any combustion installation that has a rated output of greater than 90 H.P., but less than 1300 H.P., which commences operation after December 5, 1977.

(iii)	In excess of 0.10 gr/DSCF corrected to 12% CO2 in any combustion installation that has a rated output of 1300 H.P. or greater which commences operation after December 5, 1977.

            Any wood fuel burning equipment that has a rated output of 90 H.P. or less shall not be subject to these particulate matter emission standards.

            When any fossil fuel is burned in combination with wood fuel, and the fossil fuel contributes less than 50% of the total BTU input, the above particulate matter standards shall apply. If the fossil fuel contributes more than 50% of the total BTU input, subsection (3)(a) of this regulation shall apply.

            When a soot blowing cycle exceeds 15 minutes, separate emissions testing for particulate matter emissions during the soot blowing cycle may be required in addition to emissions testing during normal operating conditions pursuant to Regulation 5-404 below. In this event, the emission rate calculated for the soot blowing cycle shall be prorated over the time period between soot blowing cycles.

(c)	The emission standards in this regulation apply to installations in which fuel is burned for the primary purpose of producing steam, hot water, hot air or other liquids, gases, or solids, and in the course of doing so, the products of combustion do not come into direct contact with the process material. Fuel includes coal, coke, lignite, fuel oil, wood, and combustible refuse. When any product or byproducts of a manufacturing process are burned for said purpose, or in conjunction with any fuel, the emission standards above shall apply.

(4)	Fugitive Particulate Matter

      A person shall not cause, suffer, allow, or permit any process operation to operate that is not equipped with a fugitive particulate matter control system. A person shall not cause, suffer, allow, or permit any materials to be handled, transported, or stored; or a building, its appurtenances, or a road to be used, constructed, altered, repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Public roads will not be subject to this section unless a public nuisance is created.

(5)	Asphalt Concrete Plants

      A person shall not discharge or cause, suffer, allow or permit the emission of particulate matter in excess of 90 milligrams per dry standard cubic meter (0.04 grains per dry standard cubic foot) from an asphalt concrete plant constructed after April 30, 1971.

      For the purposes of this subsection, an asphalt concrete plant is comprised of any combination of the following:  rotary drier, screening and classifying equipment, aggregate weighing system, mixer, storage bins, conveying equipment, and transfer systems.

5-241	PROHIBITION OF NUISANCE AND ODOR

(1)	Nuisance

      A person shall not discharge, cause, suffer, allow, or permit from any source whatsoever such quantities of air contaminants or other material which will cause injury, detriment, nuisance or annoyance to any considerable number of people or to the public or which endangers the comfort, repose, health or safety of any such persons or the public or which causes or has a natural tendency to cause injury or damage to business or property.

(2)	Odors

      A person shall not discharge, cause, suffer, allow, or permit any emissions of objectionable odors beyond the property line of a premises.

(3)	Control of Odor from Industrial Processes

(a)	No person shall operate or use any device, machine, equipment or other contrivance for an industrial process which as determined by the Air Pollution Control Officer is an odoriferous process per se, unless all gases, vapors, and gas-entrained effluents from such facility are incinerated at a temperature of 871 degrees C (1600 degrees F) for a period of not less than five-tenths (0.5) second, or processed in such manner as determined by the Air Pollution Control Officer to be equally or more effective for the purpose of air pollution control.

(b)	Effective devices and measures shall be installed and operated in a manner such that no vent, exhaust pipe, blowoff pipe or opening of any kind shall discharge into the open air or atmosphere any odorous matter, air contaminants, dusts or any combination thereof which create odors or other nuisances.

(c)	Odor-producing materials shall be confined and handled in a manner such that odors produced within or outside the plant from such materials are controlled. Accumulation of odor-producing materials resulting from spillage or other means is prohibited.

(d)	Odor-bearing air contaminants arising from materials in process shall be confined at the point of origin so as to prevent liberation of odorous matter into the workroom and the confined air contaminants shall be treated before discharge to the atmosphere, as required in subsection (3)(a).

(e)	Whenever air contaminants escape from a building or buildings used for processing, handling or storage of materials used in the industrial processes specified in subsection (3)(a) in such manner and amount as to cause a nuisance or to violate these regulations, the Air Pollution Control Officer shall order that said building or buildings be tightly closed and ventilated in such a way that all air contaminants are treated by incinerator or other means effective for their removal or destruction before discharge to the open air.

5-251	CONTROL OF NITROGEN OXIDES EMISSIONS

(1)	No person shall discharge, or cause, allow or permit emissions of oxides of nitrogen, expressed as NOx, from any steam generating fuel burning equipment with a heat input capacity of 250 million BTU's per hour or more in excess of:

(a)	0.36 grams per million calories heat input (0.20 pounds per million BTU) derived from gaseous fossil fuel.

(b)	0.54 grams per million calories heat input (0.30 pounds per million BTU) derived from liquid fossil fuel.

(c)	1.26 grams per million calories heat input (0.70 pounds per million BTU) derived from solid fossil fuel (except lignite or a fossil fuel containing 25 percent by weight, or more of coal refuse).

(2)	Reasonably available control technology for large stationary sources.

(a)	The owner or operator of any stationary source that has allowable emissions of one hundred (100) tons per year or more of nitrogen oxides shall install, maintain and use reasonably available control technology, approved by the Secretary, to limit the discharge of nitrogen oxides from the source by commencement of operation.

(b)	Any source that becomes or is currently subject to the provisions of this subsection by exceeding the applicability threshold in paragraph (2)(a) of this subsection shall remain subject to these provisions even if its emissions later fall below the applicability threshold.

(c)	Exemptions. Any NOx emission unit required to meet the most stringent emission rate (MSER) in a construction permit containing specific emission limits is exempt from the requirements of Section 5-251(2).

5-252	CONTROL OF SULFUR DIOXIDE EMISSIONS

No person shall discharge, or cause, allow or permit emissions of sulfur dioxide from any steam generating fuel burning equipment with a heat input capacity of 250 million BTU's per hour or more in excess of:

(a)	1.4 grams per million calories heat input (0.80 pounds per million BTU) derived from liquid fossil fuel.

(b)	2.2 grams per million calories heat input (1.2 pounds per million BTU) derived from solid fossil fuel.

5-253	CONTROL OF VOLATILE ORGANIC COMPOUNDS

5-253.1	Petroleum Liquid Storage in Fixed Roof Tanks

(a)	Applicability. This subsection shall apply to any above ground fixed roof storage tank with a capacity greater than 40,000 gallons (151,417 liters) used to store petroleum liquid having a true vapor pressure equal to or greater than 1.52 pounds per square inch (10.5 kilopascals).

(b)	Standards.

(1)	The owner or operator of a fixed roof tank subject to this subsection shall equip the tank with an internal floating roof equipped with a closure seal or seals to close the space between the roof edge and tank wall.

(2)	The owner or operator of a fixed roof tank subject to this subsection shall ensure that:

(i)	The tank is maintained so that there are no visible holes, tears or other openings in the seal or any seal fabric or materials; and

(ii)	All openings, except stub drains, are equipped with covers, lids or seals so that:

(A)	The cover, lid or seal is in the closed position at all times except when in actual use;

(B)	Automatic bleeder vents are closed at all times except when the roof is being floated off or being landed on the roof leg supports; and

(C)	Rim vents, if provided, are set to open only when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

(c)	Inspection requirements. The owner or operator of a fixed roof tank subject to this subsection shall perform the following inspections:

(1)	For tanks with a single seal system:

(i)	Visually inspect the internal floating roof and its closure seal or seals through roof hatches at least once every 12 months; and

(ii)	Perform a complete inspection of any cover and single seal whenever the tank is emptied for reasons other than routine operations or at least every 10 years, whichever is more frequent.

(2)	For tanks equipped with a double seal system:

(i)	Visually inspect the internal floating roof and its closure seal or seals through the roof hatches at least once every 5 years; and

(ii)	Perform a complete inspection of any cover and double seal whenever the tank is emptied for reasons other than routine operations or at least every 5 years, whichever is more frequent; or

(iii)	An alternative means of inspection and compliance monitoring of equal or greater effectiveness as the inspection requirement of paragraph (c)(2)(ii), that is approved by the Secretary.

(d)	Record keeping. The owner or operator of a petroleum liquid storage tank with a fixed roof subject to this subsection shall maintain the following records in a readily accessible location for a minimum of three years and shall make copies of the records available to the Air Pollution Control Officer upon request:

(1)	Records of the types of volatile petroleum liquids stored in that tank;

(2)	Records of the maximum true vapor pressure as stored; and

(3)	Records of the results of inspections required in paragraph (c) of this subsection.

(e)	Compliance. Fixed roof tanks subject to this subsection shall be in compliance on or before the effective date of this rule.

5-253.2	Bulk Gasoline Terminals

(a)	Applicability. This subsection shall apply to all loading racks that deliver liquid products into gasoline tank trucks at a bulk gasoline terminal. Once a facility is subject to this subsection, it shall remain so, even if the throughput falls below the applicability threshold.

(b)	Standards.

(1)	All of the loading racks at a bulk gasoline terminal subject to this subsection shall be equipped with a vapor collection system designed to collect the organic compound liquids or vapors displaced from gasoline tank trucks during product loading.

(2)	Each vapor collection system shall be designed to prevent any volatile organic compound vapors collected at one loading rack from passing to another loading rack.

(3)	The owner or operator of a bulk gasoline terminal shall load gasoline into vapor-tight gasoline tank trucks only, using the following procedures:

(i)	Obtain the vapor-tightness documentation for each gasoline tank truck prior to loading the tank truck at a loading rack subject to this subsection;

(ii)	Record the tank identification number of each gasoline tank truck as it is loaded at the terminal;

(iii)	Cross-check each tank identification number obtained with the tank vapor-tightness documentation on file at the bulk gasoline terminal within 2 weeks after the corresponding tank is loaded;

(iv)	Notify the owner or operator of each previously loaded gasoline tank truck that is not vapor-tight within 3 weeks after the loading has occurred; and

(v)	Assure that any non-vapor-tight gasoline tank truck will not be reloaded at a loading rack until vapor-tightness documentation for that tank truck is obtained.

(4)	The terminal owner or operator shall ensure that the loading of gasoline tank trucks at the loading rack is limited to tank trucks equipped with vapor collection equipment that is compatible with the vapor collection system at the terminal.

(5)	The terminal owner or operator shall ensure that the vapor collection system of the terminal and the tank truck are connected during each loading of a gasoline tank truck at the loading rack.

(6)	The vapor collection and liquid loading equipment shall be designed and operated to prevent gauge pressure in the gasoline tank truck from exceeding 450 mm of water during product loading.

(7)	No pressure-vacuum vent in the bulk gasoline terminal's vapor collection system shall begin to open at pressure less than 450 mm of water.

(8)	The total amount of organic compounds emitted to the atmosphere released from the vapor collection system during the loading of gasoline tank trucks shall not exceed 4.7 grains per gallon (80 mg/L) of gasoline loaded.

(9)	Loading of gasoline tank trucks at bulk terminals shall be by submerged fill only.

(c)	Inspection requirements. The terminal owner or operator shall inspect the vapor collection system, the vapor control system and each loading rack every calendar month for liquid and vapor leaks during transfer operations. Detection methods using sight, sound or smell are acceptable. Each leak detected shall be recorded and the source of the leak repaired within 15 calendar days after it is detected.

(d)	Test methods. Compliance with this subsection shall be determined using the test procedures set forth by the Air Pollution Control Officer.

(e)	Record keeping.

(1)	The owner or operator of a bulk gasoline terminal shall maintain records for a minimum of three years on the following:

(i)	Tank truck tightness documentation shall be kept on file at the terminal in a permanent form available for inspection. The documentation file for each gasoline tank truck shall be updated at least once per year to record current test results as determined by test method 27.

(ii)	Documentation shall include, but is not limited to, the following:

(A)	Test title:  Gasoline Delivery Truck Pressure Test--EPA Reference Method 27;

(B)	Tank owner name and address;

(C)	Tank identification number;

(D)	Testing location;

(E)	Date of test;

(F)	Tester's name and signature;

(G)	Name, signature and affiliation of any witnessing inspector; and

(H)	Test results:  actual pressure change in 5 min., recorded in mm of water (average for two runs).

(2)	The owner or operator of the bulk gasoline terminal shall keep a record of monthly leak inspections on file at the terminal. Inspection records shall include, but are not limited to, the following information:

(i)	Date of inspection;

(ii)	Description of leaks found during inspection, if any;

(iii)	Leak determination method used;

(iv)	Corrective action taken including date leak repaired; and

(v)	Inspector's name and signature.

(3)	The owner or operator of a bulk gasoline terminal shall maintain records of daily throughput.

(4)	All records required under this subsection shall be made available for inspection during normal business hours and copies shall be provided to the Air Pollution Control Officer upon request.

(f)	Compliance. A bulk gasoline terminal subject to this subsection shall be in compliance on or before the effective date of this rule.

5-253.3	Bulk Gasoline Plants

(a)	Applicability.

(1)	This subsection shall apply to any bulk gasoline plant with an average daily throughput of 3,000 gallons or greater calculated on a calendar month basis. Once a bulk gasoline plant is subject to this subsection, it shall remain so, even if its throughput later falls below the applicability threshold. Any bulk gasoline plant with a throughput which is below the threshold shall comply with the requirements of paragraphs (b)(3)(vii), (viii), (ix) and (d)(1)(i) only.

(2)	This subsection shall also apply to any bulk gasoline plant, regardless of its gasoline throughput, for which construction or reconstruction is commenced after January 1, 2001.

(b)	Standards.

(1)	The owner or operator of a bulk gasoline plant shall equip each gasoline storage tank with a submerged fill pipe and shall equip the bulk gasoline plant with a vapor balance system between the gasoline storage tank and the incoming gasoline tank truck. The lines shall be equipped with fittings that are vapor-tight and that automatically and immediately close upon disconnection.

(2)	The owner or operator of a bulk gasoline plant shall equip the plant's loading rack(s) for submerged fill and shall equip the bulk gasoline plant with a vapor balance system between the gasoline storage tank and the outgoing gasoline tank truck. The vapor balance system shall be designed to prevent any vapors collected at one loading rack from passing to another loading rack. The lines shall be equipped with fittings that are vapor-tight and that automatically and immediately close upon disconnection.

(3)	The owner or operator of a bulk gasoline plant required to maintain and operate a vapor balance system under this subsection shall ensure that the following procedures are complied with during gasoline loading and unloading operations and in the storage of gasoline:

(i)	The vapor balance system shall be connected between the gasoline tank truck and the storage tank during all transfer operations and the connection shall be vapor-tight;

(ii)	All storage tank openings, including inspection hatches and gauging and sampling devices, shall be vapor-tight when not in use;

(iii)	The gasoline tank truck compartment hatch covers shall remain closed during the transfer of gasoline;

(iv)	The vapor balance system shall be designed and operated at all times to prevent gauge pressure in the gasoline tank truck from exceeding 18 inches (450 millimeters [mm]) of water and vacuum from exceeding 5.9 inches (150 mm) of water during product transfer;

(v)	No pressure vacuum relief valve in the bulk gasoline plant vapor balance system shall begin to open at a system pressure of less than 18 inches (450 mm) of water or at a vacuum of less than 5.9 inches (150 mm) of water;

(vi)	All product transfers shall be limited to vapor-tight gasoline tank trucks or account trucks [for definition of account truck see Section 5-253.5(b)];

(vii)	The filling of storage tanks shall be accomplished by submerged fill only;

(viii)The loading of outgoing gasoline tank trucks and account trucks [for definition of account truck see Section 5-253.5(b)] shall be accomplished by submerged fill only; and

(ix)	The owner or operator of the gasoline bulk plant or the gasoline tank truck shall observe the entire transfer operation and shall discontinue transfer if any liquid or vapor leaks are observed.

(c)	Inspection and monitoring requirements.

(1)	The bulk gasoline plant owner or operator shall inspect the vapor balance system and each loading rack every calendar month for liquid and vapor leaks during gasoline transfer operations. Detection methods using sight, sound, or smell are acceptable. Each leak detected shall be recorded and the source of the leak repaired within 15 calendar days after it is detected.

(2)	A pressure measurement device (liquid manometer, magnehelic gauge, or equivalent instrument) capable of measuring 20 in. of water gauge pressure within a + 0.5 inches of water precision, shall be calibrated and installed on the bulk gasoline plant vapor balance system at a pressure tap, located as close as possible to the connection with the gasoline tank truck, to allow determination of compliance with paragraph (b)(3)(iv).

(d)	Record keeping.

(1)	The owner or operator of a bulk gasoline plant which is subject to this subsection shall maintain the following records for a minimum of three years:

(i)	Daily records showing the quantity of all gasoline transferred into gasoline tank trucks and account trucks [for definition of account truck see Section 5-253.5(b)].

(ii)	A record of each monthly leak inspection shall be kept on file at the plant. The inspection records shall include but are not limited to:

(A)	The date of inspection;

(B)	Findings, including a description of leaks found, if any;

(C)	Leak determination method;

(D)	Corrective action taken, including the date each leak was repaired; and

(E)	The inspector's name and signature.

(2)	All records required under this subsection shall be made available for inspection during normal business hours and copies shall be provided to the Air Pollution Control Officer upon request.

(e)	Compliance. All bulk gasoline plants subject to this subsection shall comply with this subsection by July 1, 1994 or by the commencement of plant operation, whichever occurs later.

5-253.4	Gasoline Tank Trucks

(a)	Applicability. This subsection shall apply to all gasoline tank trucks.

(b)	Standards.

(1)	The owner or operator of a gasoline tank truck shall ensure that the gasoline tank truck:

(i)	Is tested and certified as a vapor-tight gasoline tank truck; and

(ii)	Displays a sticker consistent with the Department of Transportation regulations regarding certification of cargo tanks that shows the date that the gasoline tank truck last passed the certification test required in paragraph (b)(1)(i).

(2)	Is maintained with hatches closed at all times except during the measurement of product level or maintenance, which shall not be performed during product loading.

(3)	Is connected to the vapor balance equipment during the loading and unloading of gasoline.

(c)	Testing.

(1)	The Air Pollution Control Officer may, at any time, monitor a gasoline tank truck to confirm continuing compliance with this subsection using standard United States Environmental Protection Agency procedures to confirm the continuing existence of vapor-tight conditions.

(2)	The owner or operator of a gasoline tank truck that fails to meet any of the certification standards shall repair and retest the gasoline tank truck within 15 days of the test failure. No owner or operator of any gasoline tank truck may use or permit or authorize the use of any gasoline tank truck which fails to meet all of the requirements of this subsection after retesting.

(d)	Record keeping.

(1)	The owner or operator of a gasoline tank truck subject to this subsection shall maintain records of all certification, testing and repairs. The records shall include, at a minimum, the following:

(i)	The gasoline tank truck identification number, which shall include the manufacturer's serial number, vehicle identification number or the owner's identification number; and

(ii)	The date and location of the most recent pressure-vacuum test, and, if failed, the date and location of the retest shall also be recorded.

(2)	Test records shall contain the following:

(i)	At the top of each page of the report, the name, title and telephone number of the person who conducted the test, the name of the company where the person is employed; and

(ii)	A copy of the test record showing the following:

(A)	The tank pressure at the start of the pressure test and the time of the reading;

(B)	The tank pressure at the end of the pressure test and the time of the reading;

(C)	The tank pressure at the start of the vacuum test and the time of the reading;

(D)	The tank pressure at the end of the vacuum test and the time of the reading; and

(E)	A list of all repairs which were made to the tank truck to pass all applicable requirements of the test method.

(3)	Copies of the records shall be retained by the owner or operator of the gasoline tank truck for a minimum of three years after the date on which the test was conducted. These records shall be available for inspection during normal business hours and copies shall be provided to the Air Pollution Control Officer upon request.

(e)	Reporting.

(1)	The owner or operator of a gasoline tank truck subject to this subsection shall certify to the Air Pollution Control Officer on an annual basis that it is a vapor-tight gasoline tank truck. The certification shall include:

(i)	The name address and telephone number of the company and the name and telephone number of the company representative whose signature appears on the certification; and

(ii)	A copy of the information recorded to comply with paragraph (d) of this subsection.

(f)	Reciprocity. The requirements for testing and marking gasoline tank trucks subject to this subsection will be satisfied if, in the judgment of the Secretary, the vehicle undergoes equivalent certification in another state.

(g)	Compliance. Gasoline tank trucks subject to this subsection shall be in compliance on or before the effective date of this rule.

5-253.5	Stage I Vapor Recovery Controls at Gasoline Dispensing Facilities

(a)	Applicability.

(1)	This subsection shall apply to all gasoline dispensing facilities and the appurtenant equipment necessary to a gasoline dispensing facility.

(2)	The following gasoline dispensing facilities are exempt from the provisions of this subsection except that submerged fill shall be used to fill gasoline storage tanks:

(i)	Gasoline dispensing facilities which receive deliveries from account trucks only; and

(ii)	The owner or operator of a gasoline storage tank with a capacity of less than 550 gallons that is used specifically for the fueling of implements of husbandry.

(b)	Definitions. For the purpose of this subsection, the following definitions apply, in addition to those of Section 5-101 of this chapter:

      "Account truck" means a delivery truck with a capacity of less than 4,000 gallons which delivers gasoline to businesses, retail outlets and farms.

      "Stage I vapor recovery system" means a system in which gasoline vapors are forced from the storage tank into a vapor-tight gasoline tank truck or vapor collection and control system through direct displacement by the gasoline loaded into the storage tank.

(c)	Standards.

(1)	The owner or operator of a gasoline dispensing facility which receives deliveries of gasoline into gasoline storage tanks from a gasoline tank truck shall install, operate and maintain a Stage I vapor recovery system and the filling of tanks shall be by submerged fill only.

(2)	During the transfer of gasoline from the gasoline tank truck to the storage tank, the owner or operator of a gasoline tank truck delivering gasoline to a gasoline dispensing facility subject to this subsection shall ensure that:

(i)	All hoses in the vapor balance system are properly connected;

(ii)	All vapor lines on the gasoline storage tank are equipped with closures that seal upon disconnect;

(iii)	All vapor return hoses, couplers and adapters used in the gasoline delivery are vapor-tight;

(iv)	All vapor return equipment on the gasoline tank truck is compatible with the Stage I vapor recovery system installed on the gasoline storage tank;

(v)	All hatches on the gasoline tank truck are closed and securely fastened; and

(vi)	The filling of gasoline storage tanks at gasoline dispensing facilities is limited to unloading by vapor-tight gasoline tank trucks. Documentation that the gasoline tank truck is a vapor tight gasoline tank truck shall be carried on the tank truck. This documentation shall include test results of the pressure and vacuum tests.

(d)	Inspection requirements. Owners or operators of gasoline dispensing facilities subject to this subsection shall inspect the Stage I vapor recovery system for visible liquid leaks, and repair and replace any worn or ineffective component or element immediately to ensure the vapor-tight integrity and efficiency of the Stage I vapor recovery system.

(e)	Record keeping. The owners or operators of gasoline dispensing facilities subject to this subsection shall keep written monthly records showing the quantity of all gasoline delivered to the site for a minimum of three years. These records shall be available during normal business hours and copies shall be provided to the Air Pollution Control Officer upon request.

(f)	Compliance schedule.

(1)	Gasoline dispensing facilities with an annual throughput of 500,000 gallons or greater shall comply with this subsection on or before January 1, 1994;

(2)	Gasoline dispensing facilities with an annual throughput of less than 500,000 but of 120,000 gallons or greater, shall comply with this subsection on or before May 31, 1995; and

(3)	Gasoline dispensing facilities with an annual throughput of less than 120,000 gallons shall comply with this subsection by January 1, 1997.

5-253.6	Volatility of Gasoline

(a)	No person shall sell or supply as fuel at or from bulk gasoline terminals and bulk gasoline plants a gasoline having a Reid vapor pressure greater than 9.0 pounds per square inch during the period May 1 through September 15 of each year, beginning in 1989.

(b)	The owner or operator of any bulk gasoline plant or bulk gasoline terminal from which gasoline is distributed shall maintain records of the Reid vapor pressure of any gasoline that is delivered to or distributed from the facility for at least two calendar years.

(c)	Any person who sells or supplies gasoline to retailers, other merchants, and/or industrial, institutional or commercial users shall clearly designate the maximum Reid vapor pressure of the gasoline and the time period in which it is intended to be dispensed.

(d)	Sampling and analysis of gasoline Reid vapor pressure shall be conducted in accordance with ASTM Method D270 and ASTM Method D323, respectively, or any equivalent method approved by the Air Pollution Control Officer.

(e)	The Secretary, either upon his or her own initiative or upon application by any person affected by this rule, may grant a temporary exemption from the requirements of Section 5-253.6(a), if he or she finds that quantities of gasoline sufficient to meet the demand in the state of Vermont cannot be manufactured or distributed in time to meet all the requirements of Section 5-253.6 or that supply problems would work an undue hardship on any retail outlet.

(i)	An exemption under this subsection shall be granted for a specified time period, not to exceed one year. An exemption may be renewed, if appropriate.

(ii)	The Secretary may impose an interim volatility standard and/or restrictions on the quantity of gasoline permitted to be supplied as conditions of any exemption granted pursuant to this subsection.

5-253.7	Stage II Vapor Recovery Controls at Gasoline Dispensing Facilities

(a)	Applicability.

(1)	This subsection shall apply to any gasoline dispensing facility with an annual gasoline throughput of 400,000 gallons or more in the 1994 calendar year, or any year thereafter.

(2)	Any gasoline dispensing facility is exempt from this subsection if:

(i)	The average of its annual gasoline throughput for the calendar years 1994, 1995, 1996 and 1997 is less than 380,000 gallons per year; and,

(ii)	Its annual gasoline throughput for any calendar year later than 1997 does not exceed 400,000 gallons.

(3)	Gasoline dispensing facilities that receive deliveries solely from account trucks are exempt from this subsection.

(4)	Once a facility is subject to this subsection, it shall remain so, even if the throughput falls below the applicability threshold.

(b)	Definitions. For the purpose of this subsection, the following definitions apply:

      Approved Stage II vapor recovery system means a system designed to recover, when properly used, a minimum of 95 percent by weight of the gasoline vapors displaced or drawn from a vehicle fuel tank during refueling and remove the vapors to a vapor tight holding system or vapor collection and control system. An approved Stage II vapor recovery system shall also:

(1)	be a type certified in an Executive Order issued by the California Air Resources Board (CARB), or a type specifically approved by the Air Pollution Control Officer; and

(2)	not contain any components (e.g. remote vapor check valves in a balance system) that would significantly impede the performance of the functional tests required in paragraph (e).

      Executive Order means a certification document issued by the California Air Resources Board approving a Stage II system for use.

      Vapor recovery piping means piping intended to transfer gasoline vapor from the dispenser island to a vapor tight holding system or vapor collection and control system for the purpose of accommodating Stage II vapor recovery.

(c)	Prohibitions.

(1)	No owner or operator of a gasoline dispensing facility, shall transfer, permit the transfer, or provide equipment for the transfer of gasoline from a stationary storage tank at a gasoline dispensing facility into a motor vehicle fuel tank after the compliance date for that facility pursuant to paragraph (g)(2), if any, unless an approved Stage II vapor recovery system has been installed and is properly used during the transfer.

(2)	No owner or operator of a gasoline dispensing facility shall:

(i)	repair, modify or permit the repair or modification of an approved Stage II vapor recovery system  or its components in such a manner that they are different from their approved configuration, except as approved in advance by the Air Pollution Control Officer, or

(ii)	alter or otherwise render inoperative any component of an  approved Stage II vapor recovery control system in a manner that would impair the operation or effectiveness of the system.

(d)	Standards.

(1)	The owner or operator of a gasoline dispensing facility shall provide adequate training and instruction to all operators and employees of the gasoline dispensing facility in the proper operation and maintenance of the approved Stage II vapor recovery system installed at the gasoline dispensing facility prior to initial operation of the system.

(2)	The owner or operator shall maintain all approved Stage II vapor recovery systems and gasoline dispensing equipment to be vapor tight and leak-free as determined by functional testing as described in paragraph (e) or visual observation.

(3)	The owner or operator of a gasoline dispensing facility shall maintain all approved Stage II vapor recovery systems in good working order, at all times, in accordance with the manufacturer's specifications and such that they are free from any of the following defects:

(i)	Absence or disconnection of any component required to be used in the approved Stage II vapor recovery system.

(ii)	A vapor recovery hose that is crimped or flattened such that the vapor passage is blocked.

(iii)	A nozzle boot that is torn in one or both of the following ways:

(A)	A triangular-shaped or similar tear more than  inch on a side, or a hole more than  inch in diameter.

(B)	A slit one inch or more in length.

(iv)	A faceplate vapor escape guard or equivalent device that is damaged in the following manner:

(A)	For balance nozzles, such damage that the capability to achieve a seal with a fill pipe is affected for 1/4 of the circumference of the faceplate (accumulated).

(B)	For nozzles for vacuum assist-type systems damage to the vapor escape guard or equivalent device sufficient to render it defective as specified in the relevant Executive Order.

(v)	A nozzle with a malfunctioning shutoff mechanism.

(vi)	Vapor return lines, including such components as swivels, anti-recirculation valves, and underground piping, that malfunction or are blocked.

(vii)	A vapor processing unit that is inoperative.

(viii)A vacuum producing device that is inoperative.

(ix)	Pressure/vacuum relief valves, vapor check valves or dry breaks that are inoperative.

(x)	Any equipment defect identified by an Agency representative as substantially impairing the effectiveness of the system in reducing refueling vapor emissions.

(4)	The owner or operator of a gasoline dispensing facility shall ensure that weekly equipment inspections are conducted. The weekly inspections shall include all of the following:

(i)	A visual inspection of refueling of motor vehicles to ensure that each flow shut-off mechanism is working properly;

(ii)	A visual inspection of all boots, hoses, and faceplates for tears or rips;

(iii)	A visual inspection of all above-ground dispensing equipment for any gasoline leaks; and

(iv)	A visual inspection of all gasoline and vapor recovery hoses for tightness and bends which may impede vapor recovery.

(5)	Upon identification of any of the defects described in subparagraph (d)(3), the owner or operator shall immediately tag "Out of Order" any dispensing equipment for which vapor recovery has been impaired and prohibit the use of the system or components until the component is repaired, replaced or adjusted, as necessary; and is in good working order.

(6)	Any component of the system identified as defective that is not listed in subparagraph (d)(3), may remain in operation but shall be repaired or replaced within 15 days after such identification.

(7)	In the case of defects described in subparagraph (d)(3) and identified by an Agency representative, the owner or operator shall not return the defective equipment to service until the defect is corrected, and an Agency representative has reinspected the equipment or has authorized its use.

(8)	By May 15 of each year, the owner or operator of a gasoline dispensing facility shall perform one of the following actions:

(i)	Conduct a functional test or tests of the approved Stage II vapor recovery system, using the methods prescribed by the Air Pollution Control Officer and in accordance with the procedures in paragraph (e) of this subsection and perform any necessary maintenance and retest until the system passes all tests; or

(ii)	Perform the following maintenance on the approved Stage II vapor recovery system:

(A)	Replace all Stage I vapor adaptors (dry breaks or poppet valves) in the system;

(B)	Inspect the following components for vapor leakage and tighten, if necessary: fill caps, fill adaptors, in-tank monitor caps, spill bucket drain valves and other components identified by the Air Pollution Control Officer; and,

(C)	Replace any damaged or defective component that is impairing the effectiveness of the system in reducing refueling vapor emissions.

(9)	The owner or operator of a gasoline dispensing facility shall post operating instructions for the proper dispensing of gasoline using the approved Stage II vapor recovery system in a conspicuous place; visible to, and of a print size easily read by the user of each nozzle. The instructions shall include the following:

(i)	A clear description of the proper procedure to dispense gasoline using the system; and

(ii)	A warning not to attempt to continue refueling after the automatic shutoff has engaged; and

(iii)	A telephone number to be used to report to the Air Pollution Control Officer any problems experienced with the system.

(e)	Testing.

(1)	Initial testing.

(i)	Initial compliance testing shall be conducted to verify proper installation and function of the entire approved Stage II vapor recovery system (both underground piping and aboveground equipment). The owner or operator shall perform all tests and follow all test procedures required by the CARB Executive Order, or other tests or procedures approved by the Air Pollution Control Officer, for the system installed.

(ii)	The owner or operator of a gasoline dispensing facility shall notify the Air Pollution Control Officer at least 5 days in advance as to when the testing will occur and what party will conduct the testing.

(iii)	The owner or operator shall ensure the system passes this testing within 30 days of the applicable compliance date listed in paragraph (g) of this subsection. A copy of the test results shall be submitted to the Air Pollution Control Officer within 30 days of completion of the testing.

(2)	The owner or operator shall re-test the function of an approved Stage II vapor recovery system at least every 5 years or upon major system replacement or modification, whichever occurs first. This re-testing shall include all tests and procedures required for the initial system certification. Some or all of the functional tests shall also be performed upon the request of the Air Pollution Control Officer. Results of any testing shall be submitted to the Air Pollution Control Officer within 30 days of completion of the testing. A major system modification is considered to be the occurrence of any of the following:

(i)	The repair or replacement of any gasoline storage tank that is equipped with an approved Stage II vapor recovery system;

(ii)	The repair or replacement of any part of an underground piping system attached to a gasoline storage tank equipped with an approved Stage II vapor recovery system, excluding repairs that occur without excavation; or

(iii)	The replacement of an approved Stage II vapor recovery system of one certified configuration with an approved Stage II vapor recovery system of a different certified configuration.

(3)	The Air Pollution Control Officer may conduct testing of any approved Stage II vapor recovery system at any reasonable time to determine compliance with this subsection.

(f)	Reporting and Record Keeping.

(1)	Within 10 days of the applicable compliance date listed in paragraph (g), the owner or operator shall verify compliance with this subsection by completing and submitting to the Air Pollution Control Officer a compliance form, as provided by the Air Pollution Control Officer.

(2)	The owner or operator of a gasoline dispensing facility subject to this subsection, shall maintain written records of weekly inspections and the maintenance, repair and/or replacement of the approved Stage II vapor recovery system or components. Such records shall contain a description and the duration of any failures of the system and components with the specific dates of repairs and/or replacement and the associated costs. Each record shall be maintained at the facility for a minimum of three years. These records shall be made available for inspection during normal business hours and copies shall be provided to the Air Pollution Control Officer upon request.

(3)	By June 15 of each year, in order to document compliance with subparagraph (d)(8) of this subsection, the owner or operator of a gasoline dispensing facility shall submit to the Air Pollution Control Officer an annual maintenance certification, on a form provided by the Air Pollution Control Officer, or the appropriate test report or reports.

(g)	Compliance.

(1)	Any gasoline dispensing facility with an annual throughput of 400,000 gallons of gasoline, or greater, shall comply with the requirements of this subsection according to the following schedule.

(i)	By December 31, 1997 for a gasoline dispensing facility with an annual throughput of 1,200,000 gallons of gasoline or greater in calendar year 1994 or later; or

(ii)	By December 31, 1998 for any gasoline dispensing facility with an annual throughput of 1,000,000 gallons of gasoline or greater in calendar year 1994 or later; or

(iii)	By December 31, 1999 for any gasoline dispensing facility with an annual throughput of 700,000 gallons of gasoline or greater in calendar year 1994 or later; or