Vermont New Source Review regulations & environmental compliance analysis

Vermont New Source Review : What you need to know

Governing Law and Regulations

Construction permits: Vermont Administrative Rule (VAR) 12-031-001-5-401 and VAR 12-031-001-5-501 to 12-031-001-5-505

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Nonattainment New Source Review:

Nonattainment areas: 40 CFR 81.346

Prevention of Significant Deterioration (PSD):

Applicability: VAR 12-031-001-5-401, VAR 12-031-001-5-501, and VAR 12-031-001-5-502, and 40 CFR 52.2372

Permitting requirements: VAR 12-031-001-5-502

Offsets: VAR 12-031-001-5-502(6)(c)

Class I areas: 40 CFR 81.431

Regulatory Agencies

Vermont Agency of Natural Resources

Department of Environmental Conservation (DEC)

Air Pollution Control Division (APCD)

Comparison: State vs. Federal

· Rules. Vermont requires specified facilities to apply for and obtain a construction permit before beginning construction, installation, or modification of an emissions source. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment New Source Review (NSR) and/or Prevention of Significant Deterioration (PSD) depending on the attainment status of the area where the source is located and the type and quantity of air pollutants emitted.

Vermont is currently in attainment with all of the National Ambient Air Quality Standards (NAAQS) for the various criteria pollutants. Therefore, new major sources and major modifications to existing sources are not subject to the requirements of nonattainment NSR at this time. However, such sources and changes are subject to PSD requirements. Vermont administers state implementation plan (SIP)-approved PSD program. Therefore, the provisions of PSD and any amendments are not effective in Vermont until a SIP revision incorporating provisions at least as stringent as the federal requirements is ...

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