Maricopa County 

Air Quality Department 

Office of the Director April 05, 2010 

Mas I'orter 

Interim Director 

1001 North 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 

Environmental Protection Agency (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 formally requests delegation authority be granted for these subparts. 

The Clean Au Act authority for delegation is found in Section Ill (c) for NSPS and 

Section 1120 for NESHAP. The department's mechanism for obtaining the regulatory 

authority necessary to accept delegation is through incorporation of the federal rules 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 on July 01, 2008. Maricopa County Air Pollution 

Control Regulation 360, New Source Performance Standards, incorporates these 

rules . 

Protecting our most vital, natural resource; air. 

www.marico~a.~ov/aq 
Delegation request from EPX, D. Jordan 

04-05-201 0 

Page 2 of 3 

Amendments to 40 CFR Part 61 and 40 CFR Part 63 promulgated 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. The department acknowledges that delegation constitutes an agreement 

to follow all applicable provisions of 40 CFR Part 60 and 40 CFR Part 63, includmg the 

use of EPAYs test methods and procedures. The department understands that the EPA 

retains the exclusive right for authorizing approval of equivalent and alternative control 

technologes and test methods. Therefore the department understands that the 

applicable subsections of the requested NESHAPs may not be delegated. 

Table 1 - 40 CFR Part 60 

Table 2 - 40 CFR Part 63 I Subpart WWW\1YrW 1 National Emission Standards for Hospital 1 

SUBPART WWW Standards of Performance for Municipal Solid 

Waste Landfills 

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 12 federal rules listed above. 

Pollutants for Area Sources: Electric Arc Furnace 

Steelrnakrng Fachties 

National Emission Standards for Hazardous Air 

Pollutants for Iron and Steel Foundries Area 

Subpart BBBBBB 

Subpart CCCCCC 

A signed copy of the 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 11 1 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 

Fachties 
Delegation request from EP-I, D. Jordan 

04-05-201 0 

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 602-506-6705 or me at 602-506-6701. 

Sincerely, /7 

Max Porter, Interim Director 

Maricopa County Air Quality Department 

cc: Cyntha Allen, EPA 

Mae Wang, EPA 

Nancy Wrona, ADEQ 

Jo Crumbaker, MCAQD 

Enc.