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# @ Maricopa A" QualityDepartment 

# County coUN-x4

Officeof the Director 1001North Central Avcnue March 11,2009 Suite #500 Phoenix, Arizona 85004 De5L: (602) 506-6443 Ms. Deborah Jordan, Director Fax: (602) 372-6440 U.S. EPA, Regon 9,

### An and RaQation Division www.maricopa.gov/aq 75 ~awthorne Street,AIR-1 San Francisco, CA 94105 Dear Ms.Jordan, The Maricopa County Air Quality Department (MCAQD) is hereby requesting 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 Nation Emission Standards for Hazardous Air Pollutants (NESHAP)pursuant to 40 CFR Part 61 and 40 CFR Part 63. The Clean Air Act authority for delegationis found in Section 1120 for NESHXP and in Section 111(c) for NSPS. The MCXQD's mechanism for obtaining the regulatory authority necessary to accept delegationis through incorporation of the federal rules by reference into our county regulations. Sinceits last request, MCAQD has incorporatedby reference: Amendments to 40 CFR Part 60 promulgated by the EPA as they existedin the Code of Federal Regulations on 07/01/2006. Maricopa County Air Pollution Control Regulation 360, New Source Performance Standards, incorporates these rules. 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 07/01/2006. Maricopa County Air Pollution Control Regulation 370, Federal Hazardous Air Pollutant Program, incorporates these rules. AdQtional NSPSs promulgated by the EPA under 40 CFR Part 60 as they existed in the Code of Federal Regulations on 07/01/2006 (see Table 1). Maricopa County Air Pollution Control Regulation 360, New Source Performance Standards, incorporates these rules. Additional NESHAPs promulgated by the EPA under 40 CFR Part 63 as they existed in the Code of Federal Regulations on 07/01/2006 (see Table 2). hlaricopa County Air Pollution Control Regulation 370, Federal Hazardous Air Pollutant Program, incorporates these rules. The MCAQD is requesting delegation for each of the standards as listed in the enclosed tables. The MCAQD acknowledges that delegation constitutes an agreement to follow all applicable provisions of 40 CFR Parts 60, 61, and 63, includmg the use of EPA's testMarch 1 1,2009 RE: EPA response,D.Jordan Page2 of3
methods and procedures. The MCAQD understands that the EPA retains the exclusive right for authorizing approval of equivalent and alternative controltechnologes and test methods. Therefore the MCAQD understands that the applicable subsections of the requested NSPSs and NESHhPs may notbe delegated. 

### Table 1

## - 40 CFR Part 60 SUBPART EEEE

SUBPART

### FFFF



### Table 2

# - 40 CFR Part 63

Hazardous

### hPollutants for Indusmal, Commercd,and InstitutionalBoilers and Process Heaters Standards of Performance for Other SolidWaste Incineration Units forWhlch Construction is Commenced After December 9, 2004, or forWhlch Mohfication or Reconstruction is Commenced on orAfterJune 16,2006 Emission Guidehesand Compliance Times for Other Solid Waste Incinerator Units That Commenced Construction Onor Before December 9,2004

SUBPART DDDD

SUBPART DDDDD

The MCAQD is enclosing the following as proof that the MCAQD has obtained the necessary regulatory authority to fully implement and enforce the Section 111 and 112 federalrules listed above. National Emission Standards for Hazardous

### Air Pollutants: Plywood and CompositeWoodProducts National Emission Standards for

A signed copy of the Maricopa County Board of Supervisor agenda form; and A certified excerpt ofMaricopa CountyBoard of Supervisor action; and 

### A copy of the regulatory provisions by which the Section 1 1 1 and 112federal rules were adopted that includes a copy of the adopted rules.
Submittal of this request and these supplemental materials complies with the delegation procedures contained in Section IV of the Maricopa County Air Quality Departrnent/EPA, Region 9 delegation agreement. If you have any questions or concerns, please do not hesitate to contact Ms. Jo Crurnbaker, MCAQD Planning and Analysis Manager, by telephone at 602-506-6705 or me at 602-506-6701.March 11,2009 RE: EPAresponse, D. Jordan Page 3 of 3

Sincerely,

Lawrence Odle, Director Maricopa CountyAir QualityDepartment

cc: Cynk Allen, EPA (with attachments) Mae Wang, EPA (with attachments) Nancy Wrona,ADEQ (without attachments)