WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	The whole state is in the OTR. All areas are in attainment. EPA's Nonattainment Areas
Major Source Threshold	100 tons of NOx or VOCs triggers NSR. 250 tons of any other criteria pollutant triggers PSD
Minor Source Permitting Exemption	None
Minor Source Treatment	PM, NOx, CO and SO2 limits
Emergency Generating Limits	None

DE MINIMIS EXEMPTIONS

Any stationary internal combustion engine generator that is rated at less than 450 bhp-hr and is located at a facility with no other air contaminant sources does not require a permit. However, if a generator sells electricity back to the grid the state requires a permit. Also, if there is clear intent to circumvent permitting requirements by installing multiple small generators that have a total rating greater than 450 bhp-hr, the state requires a permit. The state does not exempt any modifications to existing units from permitting.

MINOR SOURCE PERMITTING

If the unit is less than 450 hp and it must be permitted it will be required to meet a 20% opacity requirement, a PM limit of 0.5 lb/MMBtu and sulfur content in fuel must be less than 2%. Stationary reciprocating internal combustion engines combusting liquid or gaseous liquid fossil fuel larger than 450 hp and installed or manufactured prior to July 1, 2007 must also meet the following requirements:

· 6.9 g/hp-hr or 505 ppm for NOx

· 3.0 g/hp-hr or 360 ppm for CO

· 0.45 g/hp-hr or 0.063 g/cubic meter for PM-10.

Stationary internal combustion engines installed or manufactured on or after July 1, 2007 must meet these following limits –

· 4.8 g/hp-hr or 350 ppm for NOx

· 2.6 g/hp-hr or 315 ppm for CO

· 0.15 g/hp-hr or 0.075 g/cubic meter for PM-10

Units must either stack test or meet off-road certification requirements to show compliance.

There is no comment period if the source has a potential to emit less than 10 tons per year of all criteria pollutants. Larger sources have a 30 day public comment period. The entire permitting process for units with a potential to emit less than 10 tons per year takes about 30 days. The construction permit process takes between 80 to 175 days depending on the type of process, see the Air Pollution Control Construction Permit: Stationary Air Contaminant Sources, http://www.anr.state.vt.us/dec/permit_hb/sheet14.pdf.

Additionally if total facility NOx emissions will equal or exceed 100 tpy; and/or total facility VOC emissions will equal or exceed 50 tpy then offset requirements apply. See VT’s permitting manual for additional details, http://www.anr.state.vt.us/air/Permitting/docs/permitting_handbook.pdf.

Vermont ’s Air Permitting Handbook can be accessed at, http://www.anr.state.vt.us/dec/permit_hb/sheet14.pdf.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons per year of a criteria pollutant triggers PSD. *See "Special Consideration" below.

TREATMENT OF EMERGENCY ENGINES

Any emergency diesel generator that is rated above 450 bhp-hr and is located at a facility with no other air contaminant sources does not require a permit provided that the generator operates 200 hours or less per year.

Special Consideration:

The state has a more stringent permitting program for major sources than the federal PSD/NSR program. In Vermont, a most stringent emission rate (MSER) determination must be made for each contaminant that is released in “significant” amounts. The “significant” thresholds are – 50 tpy for CO, 40 tpy for NOx, 40 tpy for SO2, 25 tpy for PM, and 40 tpy for VOCs. State officials describe this MSER requirement as LAER with some consideration given to cost. More information on MSER requirements can be found here.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

All potential electric power generating facilities must file a petition with the Vermont Public Service Board pursuant to Vermont Statutes Annotated Title 30 Section 248. The statute explicitly exempts self-generators that do not sell any excess power. In addition to obtaining approval from the Vermont Public Service Board, there may be other local, state, and federal approvals also required. The process before the Vermont Public Service Board is a contested case process. It involves technical hearings at which interested parties are permitted to intervene. The Vermont Department of Public Service is a statutory party and represents the rate payers and the public interest.

BUILDING, ZONING AND FIRE CODES:

Building Codes: Vermont enforces the 2005 Vermont Fire and Building Safety Code, which references the 2003 IECC with some amendments. An update of the Fire and Building Safety Code, to a 2008 version which will be based on the 2006 IBC, is currently in progress.

• Fire and Building Safety

Energy Codes : Statewide, Vermont enforces the Commercial Building Energy Standards which are based on the 2003 IECC and 2004 IECC Supplement, with some state-specific amendments. Alternate compliance can be reached with ASHRAE 90.1-2004. [1]

• Energy Efficiency

Fire Codes: Vermont enforces the 2005 Vermont Fire and Building Safety Code, which references the 2003 NFPA 1: UFC with some amendments. An update of the Fire and Building Safety Code, to a 2008 version which will be based on the 2006 NFPA 1: UFC, is currently in progress.

• Division of Fire Safety

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project.

INTERCONNECTION REQUIREMENTS:

Vermont has separate interconnection standards for systems that are net-metered and for distributed generation systems that are not net-metered. Both standards are described below.

 

Net-Metered Systems

On November 1, 2007, the Vermont Public Service Board's (PSB's) Rule 5.100, which modified net metering, became effective. The modifications are in response to legislative changes (30 VSA, Section 219a). As part of the new rule, interconnection specifications have been standardized, eliminating the need for individual interconnection agreements between the host utility and customer. Vermont requires electric utilities to offer net-metering to photovoltaic systems, wind-energy, fuel cells or biomass-energy systems until the cumulative capacity of all net-metered generating systems equals 1% of a utility’s peak demand.

Net-metered PV systems must conform to the electric, power-quality and interconnection requirements developed by the National Electrical Code (NEC), the Institute of Electrical and Electronic Engineers (IEEE) and the Underwriters’ Laboratories (UL). A utility cannot charge non-farm customer generators additional standby, capacity, interconnection fees, or any charges other than the minimum monthly fee. Vermont also has these additional requirements for net-metered systems – systems up to 15 kW must have a utility-accessible, lockable disconnect switch, systems will be tested initially upon installation and every 2 years to ensure that anti-islanding controls are working properly, and owners must have $100,000 in general liability insurance for residential systems, and $300,000 for on-farm and non-residential sites.

 

Non Net-Metered Systems

In 2006, the PSB adopted interconnection standards for distributed generation systems that are not net metered and not subject to Independent System Operator of New England (ISO-NE) interconnection rules or successor rules approved by the Federal Energy Regulatory Commission (FERC). Under this rule, utilities are required to designate an employee or office from which customers may obtain information regarding the application process. There is a standard application form and a nonrefundable application fee of $300. The PSB's DG interconnection rule does not specify a maximum system capacity.

Systems that meet certain technical screening criteria are eligible for an expedited interconnection process. Systems not eligible for this expedited procedure must conduct a feasibility study, a system-impact study, and/or a facilities study. A manual external disconnect is required, and systems must comply with standards such as the IEEE 1547 and UL 1741 standards.

 

An overview presentation of Vermont’s interconnection standards can be found here, http://www.anr.state.vt.us/dec/fed/damsafety/docs/shw_jordanslides.pdf.

EXIT FEES:

Vermont does not have a state level policy on exit fees. There are no exit fees for DG in the state.

UTILITY STANDBY RATES:

Vermont does not have a statewide policy on standby rates. Relevant provisions for Vermont utilities are listed below:

Green Mountain Power Corp - Customer Owned Generation Rider - Standby charges occur when the monthly power factor of the on-site generation equipment falls below 95%, charge: $3.64*(peak kVar consumption - (0.49*peak kW demand)). Rate available here.

Central Vermont Pub Serv Corp - there is no standard standby rate. Customers seeking standby service would need to contract with the utility to be charged under a regular tariff. Large tariffs are primarily demand based with a billing demand based on the maximum demand of the month with a 12 month ratchet. Rate available here.