@ PIC0 

Maricopa A" Quality Department County 

coUN-x4 

Office of the Director 

1001 North 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 delegation is found in Section 1120 for NESHXP and 

in Section 11 1 (c) for NSPS. The MCXQD's mechanism for obtaining the regulatory 

authority necessary to accept delegation is through incorporation of the federal rules by 

reference into our county regulations. 

Since its last request, MCAQD has incorporated by reference: 

Amendments to 40 CFR Part 60 promulgated by the EPA as they existed in 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 test 
March 1 1, 2009 

RE: EPA response, D. Jordan 

Page 2 of 3 

methods and procedures. The MCAQD understands that the EPA retains the exclusive 

right for authorizing approval of equivalent and alternative control technologes and test 

methods. Therefore the MCAQD understands that the applicable subsections of the 

requested NSPSs and NESHhPs may not be delegated. 

Table 1 - 40 CFR Part 60 

SUBPART EEEE 

SUBPART FFFF 

Table 2 - 40 CFR Part 63 

Hazardous h Pollutants for 

Indusmal, Commercd, and 

Institutional Boilers and Process 

Heaters 

Standards of Performance for 

Other Solid Waste Incineration 

Units for Whlch Construction is 

Commenced After December 9, 

2004, or for Whlch Mohfication or 

Reconstruction is Commenced on 

or After June 16,2006 

Emission Guidehes and 

Compliance Times for Other Solid 

Waste Incinerator Units That 

Commenced Construction On or 

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 11 1 and 112 

federal rules listed above. 

National Emission Standards for 

Hazardous Air Pollutants: Plywood 

and Composite Wood Products 

National Emission Standards for 

A signed copy of the Maricopa County Board of Supervisor agenda form; and 

A certified excerpt of Maricopa County Board of Supervisor action; and 

A copy of the regulatory provisions by which the Section 1 1 1 and 1 12 federal 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 1 1,2009 

RE: EPA response, D. Jordan 

Page 3 of 3 

Sincerely, 

Lawrence Odle, Director 

Maricopa County Air Quality Department 

cc: Cynk Allen, EPA (with attachments) 

Mae Wang, EPA (with attachments) 

Nancy Wrona, ADEQ (without attachments)