# Maricopa County Air Quality Department

Office of the Director April 05, 2010 Mas I'orter InterimDirector 1001North Central Avenue sutte #900 Ms. Deborah Jordan, Director Phoerus,Arizona 85004 602-506-6443 -desk U.S. EPA, Regon 9,Air and Radation Division

- 602-372-6440 - fax 75 Hawthorne Street,AIR-1 San Francisco,CA 94105 

### RE: Reqest Formal Delegation of Authority from the United States EnvironmentalProtectionAgency (EPA)
Dear Ms.Jordan, On March 05, 2010, the Maricopa County Air Quality Department (department) reqested formal delegation of authority from the United States Environmental Protection Agency (EPA) to implement and enforce federal regulations and documents promulgated by the EPA and published in the Federal Regster notices: New Source Performance Standard (NSPS) pursuant to 40 CFR Part 60 and the National Emission Standards for Hazardous Air Pollutants (NESHAP) pursuant to 40 CFR Part 61 and 40 CFR Part 63. One subpart of 40 CFR 60 and five subparts of 40 CFR 63 were inadvertently omitted from the initial delegauon request letter. Ths letter identifies those subparts and formallyrequests delegation authoritybe granted for these subparts. The Clean 

### Au Act authority for delegation is found in Section Ill(c) for NSPS and Section 1120for NESHAP. The department's mechanism for obtaining the regulatory authority necessary to accept delegationis through incorporation of the federalrules by reference into our county regulations.
Add~onal NSPSs promulgated by the EPA under 40 CFR Part 60 as they existed in the Code of Federal Regulations on July 01, 2008 (see Table 1). Maricopa County Air Pollution Control Regulation 360, New Source Performance Standards, incorporates these rules.
Addtional NESHAPSs promulgated by the EPA under 40 CFR Part 63 as they existed in the Code of Federal Regulations on July 01, 2008 (see Table 2). Maricopa County Air Pollution Control Regulation 370, Federal Hazardous Air Pollutant Program, incorporates these rules.
Amendments to 40 CFR Part 60 promulgated by the EPA as they existed in the Code of Federal 

### Regulations onJuly 01, 2008. Maricopa County Air Pollution Control Regulation 360, New Source Performance Standards, incorporates these rules



### . Protecting our mostvital, natural resource;air. www.marico~a.~ov/aqDelegation request from EPX,D.Jordan 04-05-201 0 Page 2 of 3 Amendments to40 CFR Part 61 and 40 CFRPart 63promulgated by the EPA as they existed in the Code of Federal Regulations on July 01, 2008. Maricopa County Air Pollution Control Regulation 370, Federal Hazardous Air Pollutant Program, incorporates these rules. The department is requesting delegation for each of the standards as listed in the following tables. Thedepartmentacknowledges that delegation constitutes an agreement to follow all applicable provisions of 40 CFR Part 60 and 40 CFR Part 63,includmgthe use of EPAYs test methods and procedures. The department understands that the EPA retains the exclusiveright for authorizing approval of equivalent and alternative control technologes and test methods. Therefore the department understands that the applicable subsections ofthe requested NESHAPs may not be delegated. Table 1 -40 CFR Part 60

Table 2 -40 CFRPart 63 

# I SubpartWWW\1YrW 

# 1 National Emission Standards for Hospital 

# 1

SUBPART

### WWW Standards of Performance for Municipal Solid WasteLandfills

Subpart 

### YYYYY Ethylene Oxide Sterhzers Nauonal Emission Standards for Hazardous Air
Subpart 

### ZZZZZ

The department previously submitted the following as proof that the department obtained the necessary regulatory authority to fully implement and enforce the Section 1 1 1 and 1 12federal rules listed above.Pollutants for Area Sources: Electric Arc Furnace SteelrnakrngFachties National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Subpart BBBBBB

Subpart CCCCCC

A signed copy ofthe Maricopa County Board of Supervisor's agenda form; and A certified excerpt of Maricopa County Board of Supervisor's action; and A copy of the regulatory provisions by whch the Section 111 and 112 federal rules were adopted that includes a copy of the adopted rules. Sources National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipehe Fachties; and Gasohe Dispensing Fachties National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasohe Distribution Bulk Terminals, Bulk Plants, and Pipehe Fachties; and Gasohe Dispensing FachtiesDelegation request from EP-I,D.Jordan 04-05-2010 Page 3 of 3
Submittal of ths request complies with the delegation procedures contained in Section IV of the Maricopa county Air Quality Department/EPA, Region 

### 9 delegation agreement. If you have any questions or concerns, please do not hesitate to contact Ms. Jo Crumbaker, Maricopa County Air Quality Planning and Analysis Manager, by telephone at 602-506-6705or me at 602-506-6701. Sincerely, 

# /7

Max Porter, Interim Director Maricopa CountyAir Quality Department

cc: CynthaAllen, EPA Mae Wang, EPA Nancy Wrona,ADEQ JoCrumbaker, MCAQD
Enc.