Janice K. Brewer 

Governor 

July 02, 2014 

ARIZONA DEPARTMENT 

OF 

ENylRONMENTAL QUALITY 

1110 West Washington Street • Phoenix, Arizona 85007 

(602) 771-2300 • www.azdeq.gov 

Mr. Jared Blumenfeld, Regional Administrator 

U.S. Environmental Protection Agency, Region IX 

Mail Code ORA-I 

75 Hawthorne Street 

San Francisco, CA 94105 

Henry R. Darwin 

Director 

RE: Second Submission of Supplemental Information to the 2012 New Source Review State 

Implementation Plan Submission 

~ 

Dear ~nfeld: 

Consistent with the provisions of Arizona Revised Statutes§§ 49-104, 49-106, 49-404, 49-406 and 49-

425 and the Code of Federal Regulations (CPR) Title 40, §§ 51.102 through 51.104,the Arizona 

Department of Environmental Quality (ADEQ) hereby adopts and ·submits to the U.S. Environmental 

Protection Agency (EPA), the provided supplemental information to the "State Implementation Plan -

New Source Review [NSR]" regarding state and county jurisdiction to administer NSR. 

ADEQ submitted the original SIP revision on October 29, 2012. That version included the most recent 

revisions to the NSR program in the form of the Notice of Final Rulemaking (NFRM) published in the 

Arizona Administrative Register on July 6, 2012. Those revisions became effective on August 7, 2012. 

The SIP revision also included rules' that were not amended by the NFRM and existing Arizona statutes. 

On September 6, 2013, ADEQ submitted, as supplemental information, certified copies of the rules and 

statutes that were included in the original SIP revision. 

As documented in the supplemental information document, ADEQ provided public notice of, an 

opportunity to submit written comments on and a public hearing for this supplement pursuant to A.R.S. § 

49-444. A hard copy of the supplement and an electronic exact duplicate of the hard copy on CD are 

included with this letter. 

I am submitting this supplemental information to the SIP in my capacity as Director of the ADEQ Air 

Quality Division pursuant to the attached delegation of authority from Henry R. parwin, ADEQ Director. 

Southern Regional Office 

400 West Congress Street• Suite 433 •Tucson, AZ 85701 

(520) 628-6733 

Printed on recycled paper 
Jared Blumenfeld 

Page 2 of2 

If you have any questions about this submission, please contact me, at (602) 771-2288. 

Eric Mas y 

Direct , Air Quality Division 

EM:sb5 

Enclosures (4) 

Cc (via email): Matt Lakin, EPA Region IX 

Colleen McKaughan, EPA Region IX 

Lisa Beckham, EPA Region IX 

Andrew Chew, EPA Region IX 

Laura Yannayon, EPA Region IX 

Wienke Tax, EPA Region IX 
State Implementation Plan Revision

New Source Review 

Supplemental Information

Air Quality Division

July 2014
This page is intentionally blank.

NSR SIP Revision: Supplemental Information 2 July 2014
1 Introduction

The purpose of this supplement to the State Implementation Plan: New Source Review 

submitted by ADEQ on October 29, 2012 (“2012 SIP Revision”), is to address Clean Air 

Act requirements relating to the division of jurisdiction over sources subject to major and 

minor new source review (NSR) throughout Arizona. Section 2 provides a complete 

explanation of how jurisdiction is divided among ADEQ and various county agencies.

Section 3 updates specific SIP elements related to jurisdiction.

2 Agency Jurisdiction

As required by 40 C.F.R. § 51.162, this section identifies “the State or local agency 

which will be responsible for meeting the requirements of [40 C.F.R. Part 51, Subpart I, 

‘Review of New Sources and Modifications’] in each area of the State.” This supplement 

also addresses the requirements of section 110(a)(2)(E)(i) of the Clean Air Act, 42 U.S.C. 

§ 7410(a)(2)(E)(i) (adequate personnel, funding and authority to carry out the SIP), and 

40 C.F.R. § 51.240 (identification of organizations that will participate in implementing 

and enforcing the SIP) with respect to NSR.

2.1 Statutory Authority

The division of jurisdiction between ADEQ and county air pollution control agencies in 

Arizona is governed by A.R.S. § 49-402(A) and (B), which provide as follows:1

A. The department [ADEQ] shall have original jurisdiction over such 

sources, permits and violations that pertain to:

1. Major sources in any county that has not received approval from the 

administrator for new source review under the clean air act and prevention 

of significant deterioration under the clean air act.

2. Smelting of metal ore.

3. Petroleum refineries.

4. Coal fired electrical generating stations.

5. Portland cement plants.

6. Air pollution by portable sources.

7. Air pollution by mobile sources for the purpose of regulating those 

sources as prescribed by article 5 of this chapter and consistent with the 

clean air act.

1 A certified copy of A.R.S. § 49-402 was included in the Supplemental Information to the 2012 New 

Source Review State Implementation Plan submitted on September 6, 2013.

NSR SIP Revision: Supplemental Information 3 July 2014

 
8. Sources that are subject to title V of the clean air act and that are located 

in a county for which the administrator has disapproved that county's title V 

permit program if the department has a title V program that has been 

approved by the administrator. On approval of that county's title V permit 

program by the administrator, the county shall resume jurisdiction over 

those sources.

B. Except as specified in subsection A of this section, the review, issuance, 

administration and enforcement of permits issued pursuant to this chapter 

shall be by the county or multi-county air quality control region pursuant to 

the provisions of article 3 of this chapter. After the director has provided 

prior written notice to the control officer describing the reason for asserting 

jurisdiction and has provided an opportunity to confer, the county or multicounty air quality control region shall relinquish jurisdiction, control and 

enforcement over such permits as the director designates and at such times 

as the director asserts jurisdiction at the state level. The order of the director 

which asserts state jurisdiction shall specify the matters, geographical area, 

or sources over which the department shall exercise jurisdiction and control. 

Such state authority shall then be the sole and exclusive jurisdiction and 

control to the extent asserted, and the provisions of this chapter shall 

govern, except as provided in this chapter, until jurisdiction is surrendered 

by the department to such county or region.

EPA last approved section 49-402 into the SIP on June 8, 2000, 65 Fed. Reg. 36353, 

36358 (June 8, 2000); 40 C.F.R. § 52.120(c)(96)(i)(A)(2). The legislature amended the 

statute in 2002 to clarify section 49-402(A)(8) relating to jurisdiction over title V sources. 

2002 Ariz. Sess. Laws Ch. 110, § 1. ADEQ included the current version of section 49-

402 in the September 6, 2013 supplement to the 2012 SIP Revision.

When ADEQ has jurisdiction over sources under A.R.S. § 49-402(A) or (B), it may 

delegate authority to administer the state air quality program with respect to those sources 

to a county under A.R.S. § 49-107(A):

The director may delegate to a local environmental agency, county health 

department, public health services district or municipality any functions, powers or 

duties which the director believes can be competently, efficiently and properly 

performed by the local agency if the local agency accepts the delegation and agrees 

to perform the delegated functions, powers and duties according to the standards of 

performance required by law and prescribed by the director.

EPA approved section 49-107 into the SIP on November 5, 2012. 77 Fed. Reg. 66398, 

66404 (Nov. 5, 2012); 40 C.F.R. 52.120(c)(152)(ii)(A)(2)(iv).

2.2 ADEQ Jurisdiction

2.2(a) Stationary Source Categories

Section 49-402(A) confers on ADEQ unconditional original jurisdiction over five 

stationary source categories: smelting of metal ores, coal fired electrical generating 

NSR SIP Revision: Supplemental Information 4 July 2014
stations, petroleum refineries, Portland cement plants and portable sources. Thus, ADEQ 

has original jurisdiction over these source categories throughout the state, regardless of 

whether they are located in a county with its own air pollution control program.

2

As noted below, ADEQ has delegated jurisdiction over one such source to Pima County 

and may delegate jurisdiction over other sources within these categories to county 

programs in the future.

2.2(b) Major Sources

Under subsection (1), ADEQ has original jurisdiction over major sources in a county 

“that has not received approval from the administrator [of EPA] for new source review ...

and prevention of significant deterioration [PSD].”3 (Emphasis added.) The plain 

language of subsection (1) gives ADEQ original jurisdiction over all major sources in a 

county, unless the county has obtained EPA approval of both the new source review and 

PSD programs.4 Because this subsection covers only major sources, ADEQ interprets 

“new source review” to mean nonattainment new source review of major sources as 

required by Title I, Part D of the Clean Air Act. In addition, ADEQ interprets “approval 

from the administrator” to include a delegation by EPA of authority to administer the

PSD program under 40 C.F.R. § 52.21. We note that in an August 11, 1994 letter 

(attached as Appendix A), EPA confirmed that Maricopa and Pima Counties were 

approved to operate the PSD program pursuant to EPA’s delegation of the PSD program 

to these counties.

In short, under subsection (1), ADEQ has original jurisdiction over all major sources in 

any county that lacks EPA SIP approval or delegation for either nonattainment NSR or 

PSD. This includes the 12 counties that do not have any form of air pollution control 

program: Apache, Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Mohave, Navajo, 

Santa Cruz, Yavapai and Yuma.

Maricopa and Pima Counties have SIP-approved nonattainment NSR programs and EPA 

delegation to administer 40 C.F.R. § 52.21. ADEQ therefore does not have original 

jurisdiction over major sources in those counties but retains the authority under A.R.S. § 

49-402(B) to assert jurisdiction over specific matters, geographical areas or sources 

within those counties.

Pinal County has a SIP-approved PSD program but lacks any form of EPA approval for 

nonattainment NSR. ADEQ therefore has original jurisdiction over major sources in Pinal 

County, but has delegated that jurisdiction to the County under A.R.S. 49-107. A copy of 

2 Although not relevant to NSR, ADEQ notes that it also has unconditional original jurisdiction over mobile 

sources throughout the state under A.R.S. § 49-402(A)(7). 3 Subsection (8) gives ADEQ original jurisdiction over Title V sources in any county that has a Title V 

program which has been disapproved by EPA. This subsection currently has no effect on ADEQ’s 

jurisdiction. Maricopa, Pima and Pinal Counties all have fully approved Title V programs and therefore are 

not subject to this subsection. By its literal terms, this subsection also does not apply to the twelve counties 

that have never submitted a Title V program and therefore never had a program disapproved. 4 At first glance, this grant of jurisdiction may seem unnecessarily broad. A major source, however, 

depending on the pollutants it emits and where it is located, may be subject to both nonattainment NSR and 

PSD. The approach in subsection (1) is therefore necessary to prevent a major source from potentially 

being subject to the permit jurisdiction of two different agencies. 

NSR SIP Revision: Supplemental Information 5 July 2014

 
relevant excerpts from the current delegation agreement between ADEQ and Pinal 

County is attached as Appendix B.

2.2(c) Minor Sources

Subsection B of A.R.S. § 49-402 provides that except as specified in subsection A, 

counties or multi-county air quality control regions shall have jurisdiction over “the 

review, issuance, administration and enforcement of permits issued pursuant to the state 

air quality laws.” It also provides that a county “shall relinquish jurisdiction, control and 

enforcement over such permits as the director designates and at such times as the director 

asserts jurisdiction.” This arrangement—state agency jurisdiction over specified source 

categories and county jurisdiction over the remaining sources, subject to the state 

agency’s authority to assert jurisdiction over additional sources—has been in place since 

Arizona submitted its first SIP in 1972.5

From 1973 to 1988 the Arizona Department of Health Services (ADEQ’s predecessor) 

and then ADEQ issued orders or letters asserting air quality jurisdiction over all 

stationary sources in nine counties that had failed to adopt air pollution control programs 

or had abandoned existing programs.

6 There is no record, however, of any such assertion 

for three counties—Graham, Greenlee and La Paz—that never had programs. Thus, the

practice of formally asserting jurisdiction in counties without programs may not have 

been uniform. A copy of these assertions of jurisdiction is attached as Appendix C. As 

noted below, however, they are not necessary to establish ADEQ jurisdiction. 

In 1992, the legislature amended section 49-402(B) to provide that before asserting 

jurisdiction over air quality permits in a county, ADEQ must give prior notice and an 

opportunity to confer to the “control officer.” 1992 Ariz. Sess. Laws Ch. 299, § 8. 

Section 49-471(6) defines “control officer” to mean “the executive head of the 

department authorized or designated to enforce air pollution regulations, or the executive 

head of an air pollution control district established pursuant to section 49-473.” In a 

county with no air pollution control program whatsoever, no such person exists, and it is 

impossible for ADEQ to provide this notice. ADEQ therefore interprets the current 

version of section 49-402(B) to require an assertion of jurisdiction only where there is a 

county agency that could otherwise exercise that jurisdiction. Where there is no such 

agency, ADEQ automatically has jurisdiction. ADEQ believes this interpretation is 

consistent with the legislature’s intent, evident in A.R.S. §§ 49-402(A)(1) and (8), that 

ADEQ step in to operate an air quality program in any county that lacks the authority 

necessary to carry out that program.

In accordance with this interpretation, ADEQ has issued air quality permits to eight

minor sources in the three counties for which there is no record of a state assertion of 

jurisdiction: Graham, Greenlee and La Paz. There has never been a challenge to ADEQ’s 

authority to issue these permits.

5 See The State of Arizona Air Pollution Control Implementation Plan at C-3 (May 1972) (former A.R.S. § 

36-1706, predecessor to A.R.S. § 49-402). 6 The letters or orders asserting jurisdiction were included in previous SIP submissions.

NSR SIP Revision: Supplemental Information 6 July 2014

 
ADEQ therefore has jurisdiction to issue both minor and major NSR permits in Apache, 

Cochise, Coconino, Gila, Graham, Greenlee, La Paz, Mohave, Navajo, Santa Cruz, 

Yavapai and Yuma counties.

As noted below, the responsible county agencies, rather than ADEQ, have jurisdiction 

over minor NSR in Maricopa, Pima and Pinal Counties. This jurisdiction is subject to 

ADEQ’s authority to assert jurisdiction over particular matters, geographical areas or 

sources under A.R.S. § 49-402(B).

2.3 Maricopa and Pima County Jurisdiction

As noted above, Maricopa and Pima Counties have approved nonattainment NSR 

programs and delegation by EPA to administer the federal PSD program. The Maricopa 

County Air Quality Department (MCAQD) and Pima County Department of 

Environmental Quality (PDEQ) therefore retain jurisdiction over major sources within 

their respective counties.

Under A.R.S. § 49-402(B), MCAQD and PDEQ also have jurisdiction over any sources 

not subject to ADEQ’s original jurisdiction, except where ADEQ has asserted 

jurisdiction. The county agencies therefore have jurisdiction to issue minor NSR permits.

ADEQ notes that pursuant to these authorities, ADEQ has delegated authority to 

administer the NSR program with respect to the Sundt Generating Station, a coal-fired 

electric generating station subject to ADEQ’s original jurisdiction under A.R.S. § 49-

402(A)(4). In addition, ADEQ has asserted jurisdiction over the Rosemont Copper Mine, 

a minor source in Pima County, under A.R.S. § 49-402(B). A copy of the delegation 

agreement with PDEQ and the assertion of jurisdiction are attached as Appendix D. The 

inclusion of these specific actions in this supplemental SIP submission does not constrain

ADEQ’s authority to rescind these actions or to delegate or assert jurisdiction over other 

sources without prior EPA approval under sections 49-107 and 49-402.

2.4 Pinal County Jurisdiction

As noted above, ADEQ has original jurisdiction over major sources in Pinal County but 

has delegated that jurisdiction to the Pinal County Air Quality Control District

(PCAQCD). 

Under the delegation agreement between ADEQ and PCAQCD, the county is obligated 

to enforce state major NSR rules, but must also enforce its own rules to the extent they 

are more stringent. The County therefore retains the authority to enforce the local PSD 

program approved by EPA. 

The ADEQ major NSR rules included in the 2012 SIP revision were revised in 2012 in 

order to bring them into compliance with all current federal NSR requirements. 

PCAQCD is obligated to enforce these requirements under its delegation agreement. The 

2012 SIP Revision therefore provides for the enforcement in Pinal County of current 

federal requirements, including, for example, the PM2.5 increments.

Once Pinal County secures EPA approval of both its PSD and nonattainment NSR 

programs, the County will automatically reassume original jurisdiction over major 

sources within its boundaries.

NSR SIP Revision: Supplemental Information 7 July 2014
2.5 Summary

The following table summarizes the current division of jurisdiction described above. As 

discussed above, jurisdiction over specific matters, geographical areas or sources may be 

altered by ADEQ’s exercise of its authority to delegate or assert jurisdiction under A.R.S. 

§§ 49-107 or 49-402(B), respectively, or to rescind such actions.

Area Source Categories ADEQ

Jurisdiction

County

Jurisdiction

Maricopa County Smelting of metal ores

Coal fired electrical generating 

stations

Petroleum refineries

Portland cement plants

Portable sources

Original None

All other major and minor 

sources

None Original

Pima County Smelting of metal ores

Coal fired electrical generating 

stations (except Sundt)

Petroleum refineries

Portland cement plants

Portable sources

Original None

Sundt Generating Station Original Delegated

Rosemont Copper Mine Asserted None

All other major and minor 

sources

None Original

Pinal County Smelting of metal ores

Coal fired electrical generating 

stations

Petroleum refineries

Portland cement plants

Portable sources

Original None

NSR SIP Revision: Supplemental Information 8 July 2014
Area Source Categories ADEQ

Jurisdiction

County

Jurisdiction

Major sources Original Delegated

All other minor sources None Original

Rest of State All Original None

3 SIP Provisions Being Replaced

The following table updates the first row of Table 2-1 of the 2012 SIP Revision to 

identify additional provisions relating to jurisdiction that are included in the current SIP 

and being replaced by the current version of A.R.S. § 49-402. It also includes a new row 

to update the state laws relating to delegation of authority included in the SIP. (Items not 

previously included in Table 2-1 are in bold face.)

Rule or Statute Added SIP Rule(s) Replaced Amended by 

NFRM

A.R.S. § 49-402. State and county 

control

A.R.S. § 36-1706. State and 

county control

7-1-8.1 (R9-3-801) Original State 

Jurisdiction

7-1-8.2 (R9-3-802) Assertions of 

Jurisdiction

R9-3-1101. Jurisdiction

No

A.R.S. § 49-107. Local delegation 

of state authority

7-1-8.3 (R9-3-803) Delegation of 

authority

No

4 Public Process

Proof that ADEQ gave notice of this Supplemental SIP Revision and held a public 

hearing in accordance with A.R.S. § 49-444 is attached as Appendix E. No written 

comments were received by the deadline of June 30, 2014, and nobody appeared at the 

public hearing to offer oral comments. Except for (1) minor clarifying changes to 

footnote 3 and section 2.3(c) relating to state and county jurisdiction over title V sources, 

(2) the correction of typos and (3) the addition of this section, ADEQ has made no 

changes to the public review draft of this document.

NSR SIP Revision: Supplemental Information 9 July 2014
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

I• 

August 11, 1994 

Ms. Nancy Wrona 

Arizona Department of Environmental Quality 

3033 North Central A venue 

Phoenix, AZ 85012 

Re: Status of NSR Authority in Maricopa and Pima Counties 

Dear Ms. Wrona: 

The P-U ose of this letter is to clarify EPA's P-Osition regarding the status of new source 

review (NSR) authority in Maricopa an Pima Counties, both for the regulation of so~rces subject 

to Prevention of Significant Deterioration (PSD) and nonattainment NSR. 

EPA has delegated to both MaricoP.a and Pima Counties the authori for the PSD 

rogram, in agreements dated November 22, 1993 and Aprill4, 1994, respectively. In EPA's 

view therefore the counties are apP.rov to ogerate the PSD rogram. With respect to 

· nonattainment NSR, both of these counties received EPA approval of their rules by their 

adoption into the State Implementation Plan (SIP) beginning in 1972. We will review and take 

action on the NSR SIP submittal which will update the SIP based on recent changes to the 

federal Clean Air Act, State law, and county ordinances as soon as possible after it is received 

by EPA. L 

If you have any questions, please contact me at (415) 744-1240, or Matt Haber of my 

staff at (415) 744-1254. 

cc: Jo Crumbaker, Maricopa County 

David Esposito, Pima County 

Sincerely, 

~~~ Ken Bigos 

Chief, Stationary Source Branch 

Air & Toxics Division 

I . . ·- ' .... 

\ ''"'"d ~ R«r<l<d '"'" 

·. . .. ...... .... : .. :._. . .... · 

APPENDIX A

A-1
DELEGATION AGREEMENT 

Between 

Arizona Department of Environmental Quality 

And 

Pinal County, hereinafter, County, a political subdivision of the State of Arizona 

Delegation Agreement# EV12-0061 

Whereas, Arizona Revised Statutes (A.R.S.) § 49-107, authorizes the Director of the 

Arizona Department of Environmental Quality (ADEQ) to delegate to a ·local environmental 

agency, or cpunty health department, any functions, powers, and duties, hereinafter, Functions 

and Duties, which the Director believes can be competently, efficiently, and properly performed 

by the local environmental agency, or county health department and 

Whereas, Pinal County includes: an Environmental Health Division, which is an 

operating division of the Health Department; and Air Quality Control District, which is an 

operating division of the Development Services Department; and an Emergency Management 

Department, which is an operating division of the Development Services Department, and 

therefore, Pinal County is the local environmental agency or county health department, 

hereinafter, LA, as set forth in A.R.S. § 49-107, and 

Whereas, A.R.S. §§ 11-20l(A)(3) and 11-952 authorize the County Board of Supervisors 

(and by delegation the LA, where the LA is a local enviromnental agency or health department) 

to enter into contracts as necessary to assist LA in exercising its powers, and 

Whereas, the LA deems that it is in its best interests to accept such delegation, 

Therefore, the Director of ADEQ delegates to Pinal County as LA, and the LA accepts 

the delegation of those Functions and Duties described in the Appendices of this Delegation 

Agreement, hereinafter Agreement, (Appendix A of this Agreement for Wastewater and 

Drinking Water Delegations, Appendix B of this Agreement for Solid Waste Delegations, and 

Appendix C of this Agreement for Air Quality Delegations) on behalf of ADEQ and in 

accordance with the terms and conditions specified in this Agreement. 

Page I of7 

APPENDIX B

B-1
A. DELEGATED FUNCTIONS AND DUTIES 

The Functions and Duties that are delegated to the LA by this Agreement are identified in 

Sections A through N, and in Appendices A, B, and C of this Agreement. ADEQ statutes, rules, 

policies and guidance shall be used in implementing the delegated Functions and Duties. The 

Functions and Duties not specifically delegated by this Agreement are retained by ADEQ. 

B. STANDARDSOFPERFORMANCE 

1. The standards of performance required of the LA to perform the delegated Functions and 

Duties and to fulfill the terms of this Agreement are those provided by statute and duly 

adopted rule, and are generally the same as those required of ADEQ personnel. The 

performance of the delegated Functions and Duties by the LA shall conform to ADEQ 

statutes, rules, policies and guidance. Program-specific standards of performance are 

identified in the Appendices of this Agreement. 

2. ADEQ shall provide the LA with periodic training upon the request of the LA. 

3. ADEQ shall provide operating guidance for use in implementing the terms of this 

Agreement concurrent with the execution of this Agreement. ADEQ will use its best 

efforts to provide the LA with new and/or updated guidance prior to or shortly after the 

effective date of the guidance. The guidance shall, at a minimum, include Engineering 

Bulletins, program guidance memoranda, substantive policy statements, copies of all 

applicable forms, policies and procedures, and other material that may assist the LA to 

carry out the delegated Functions and Duties specified in this Agreement. The LA may 

contact ADEQ for clarification or guidance on procedural or technical issues. 

4. In the event of any dispute between the LA and a third party regarding the LA's 

interpretation or application of ADEQ statutes, rules, policies and guidance, ADEQ shall, 

if requested by the LA, provide timely assistance and direction to the LA. 

C. FEE AUTHORITY AND TYPES OF FEES 

1. To the extent permitted by law, ADEQ delegates the authority to collect fees 

under its established fee rules to assure the LA may accomplish delegated 

Functions and Duties according to the applicable standards. 

The LA shall annually report delegated program authority fees to ADEQ on or 

before September 1. The report shall list all permits issued that year and the total 

revenue for each general permit category. ADEQ shall provide the LA with a 

template for the report. The report shall be delivered to ADEQ Central Office, 

1110 West Washington Avenue-, Phoenix, Arizona 85007, to the Office of the 

ChiefFinancial Officer. 

Page 2 of7 

APPENDIX B

B-2
Unless otherwise provided by statute, fees imposed by the LA shall be limited to the cost 

of service, including all direct and indirect costs. 

2. Fees are authorized by, and shall conform to, the requirements of state laws and rules and 

county ordinances. 

3. All fees collected by the LA pursuant to this Agreement shall be retained by the LA as 

consideration for performing the Functions and Duties described in this Agreement. 

D. PERSONNEL QUALIFICATIONS 

The required personnel qualifications for exercising each Program's delegated Functions and 

Duties are identified in the corresponding Appendix to this Agreement. 

E. RECORD KEEPING AND REPORTING REQUIREMENTS 

1. The LA agrees to maintain records relating to its performance of the delegated Functions 

and Duties as specified in this Agreement for a period of ten years from the date of 

complete resolution of any technical dispute, contested case, action against a party, or any 

appealable agency action, unless a longer period is required by statute or rule. 

2. The LA agrees to create and submit reports related to its performance of the delegated 

Functions and Duties as specified in this Agreement. The reports shall be created and 

submitted to ADEQ in accordance with the specifications in the Appendices to this 

Agreement. 

F. OVERSIGHT ACTIVITIES 

1. ADEQ may accompany LA personnel on inspections and may review all records relating 

to the LA's performance of the delegated Functions and Duties as set forth in this 

Agreement. ADEQ shall provide prior notice to the LA of its intent to accompany LA 

personnel on inspections. LA personnel may accompany ADEQ inspectors on inspections 

for purposes of training, information sharing or coordinating LA and ADEQ activities. 

The LA shall provide prior notice to ADEQ of its request to accompany ADEQ 

inspectors on inspections. 

2. Periodically, ADEQ shall conduct an evaluation of the LA's performance of the 

delegated Functions and Duties. Either party to this Agreement may request that the 

frequency of evaluations be increased. The initial results of all program evaluations shall 

be in writing and shall be communicated to the LA in a draft report. The LA is entitled to 

comment on the draft report. After ADEQ'S response to comments, ADEQ shall finalize 

the report and transmit a copy to the LA. The final reports of all program evaluations are 

public documents pursuant to A.R.S. § 39-121 etseq. 

Page 3 of7 

APPENDIX B

B-3
G. DELEGATION OF ENFORCEMENT AUTHORITIES; LOCAL AGENCY 

OBLIGATIONS 

1. This Agreement is subject to the provisions of A.R.S. § 49-106. 

2. As a supplement to any independent statutory authority LA may have, LA is hereby 

delegated the enforcement authorities pursuant to A.R.S. §§ 44-1307, 49-141, 49-142, 

49-261, 49-262, 49-354 (A) and (B), 49-460 through 463, 49-781 through 783, 49-791, 

49-922(B), .49-923 and 49-924, as applicable to the delegated Functions and Duties 

specified in this Agreement. 

3. The LA shall be responsible for initiating timely and appropriate enforcement actions for 

alleged violations by individuals and facilities affected under this Agreement. The LA 

shall make compliance determinations and conduct enforcement actions in accordance 

with ADEQ's Compliance and Enforcement Handbook. The LA shall use inspection 

checklists and boilerplate documents provided by ADEQ or such documents that contain 

the same content as those documents provided by ADEQ. 

4. ADEQ retains its authority to take an enforcement action against any individual or 

facility, the regulation of which is specified in this Agreement. At its discretion, ADEQ 

may refrain from exercising such authority if ADEQ determines that the enforcement 

action taken by the LA is timely, appropriate and effective. Except in a case involving an 

immediate threat to the public health, safety or environment, ADEQ shall give the LA 30 

days prior written notice of its intent to initiate an enforcement action if the LA fails to 

initiate such enforcement action. In a case involving an immediate threat to the public 

health, safety or environment, ADEQ shall make its best efforts to notify the LA prior to 

its undertaking such an enforcement action. 

5. Where appropriate, and if there is no conflict with applicable environmental statutes and 

rules, LA may conduct enforcement action using the authority provided by A.R.S. Title 

36 or A.R.S. Title 49, Chapter 3, Article 3. Nothing herein shall preclude LA from 

independently initiating enforcement action pursuant to its own authority under A.R.S. §§ 

36-602, 36-603, 49-143, and 49-144, or any other civil or criminal statute or local 

ordinance, or from pursuing any other available legal or equitable remedy. 

6. In those cases where the Attorney General has exclusive authority to bring an action to 

collect civil penalties, ADEQ shall timely notify the Attorney General of the LA's intent 

to initiate an enforcement action and such enforcement action shall be coordinated among 

the LA, ADEQ, the Attorney General and the LA's County Attorney. 

7. In cases of civil enforcement, the LA and ADEQ shall coordinate litigation and 

settlements, unless the LA has independent statutory enforcement authority. The LA and 

ADEQ may act as co-plaintiffs in order to maximize resources. 

Page 4 of7 

APPENDIX B

B-4
8. Civil penalties assessed and collected under the authority of ADEQ's statutory 

enforcement authority shall be in the name of the State of Arizona, and shall be 

forwarded to ADEQ with copies of court documentation for deposit into the state general 

fund in accordance with A.R.S. Title 35, Article 3. 

9. ADEQ may execute compliance initiatives directed at certain classes of violations or 

facilities that are alleged to be in violation of applicable statutes or rules. To the best of 

its ability, the LA agrees to cooperate in the successful execution of such compliance 

initiatives that involve facilities, the regulation of which has been delegated in by this 

Agreement. 

H. APPEALS OF LOCAL AGENCY ACTIONS 

1. Unless otherwise provided by statute, LA shall conduct administrative hearings for 

appeals of licensing decisions and enforcement actions taken by the LA under the 

delegated Functions and Duties of this Agreement in accordance with the A.R.S. Title 41, 

Chapter 6 Administrative Procedures, A.R.S. § 41-10.92 et seq., and the Office of 

Administrative Hearings, Rules of Procedure, Arizona Administrative Code (A.A.C.) R2-

19-1 01 et seq. The LA shall use administrative law judges provided by the Office of 

Administrative Hearings (OAH). If an OAH administrative law judge .conducts an 

administrative hearing under this Agreement, ADEQ shall pay for the LA's OAH hearing 

related costs. The LA, the LA's County Attorney, or counsel retained by LA, shall 

represent the LA at all administrative hearings. Nothing in this agreement mandates that 

the LA contract for the services of administrative law judges with respect to 

administrative hearings involving matters arising from the LA's independent authority, 

functions and duties. 

2. Pursuant to A.R.S. § 12-904, if the OAH administrative law judge grants or denies the 

relief requested, either the appellant or the LA may file a complaint in superior court 

within 35 days after the decision. 

3. The LA shall provide ADEQ an annual report by July 31st of appeals filed and their final 

resolution. 

I. LICENSING AUTHORITY 

1. The LA agrees to comply with the overall time frames set forth in A.A.C. RlS-1-525 

when issuing licenses pursuant to delegated Functions and Duties under this Agreement. 

The LA shall provide a quarterly report to ADEQ indicating the number of licenses 

issued that quarter, by general type of license, and the number of licenses that exceeded 

the licensing time frame for the licensing decision. If the LA fails to meet a licensing 

time frame, the quarterly report shall indicate the reason(s) why the licensing time frame 

was missed and the corrective action the LA has taken. If the LA demonstrates a pattern 

of failing to meet the required licensing time frames, ADEQ shall assist the LA in 

correcting the deficiencies in LA's licensing procedures. 

Page 5 of7 

APPENDIX B

B-5
2. The LA shall submit the quarterly reports described in subsection 1 of this Section to the 

ADEQ primary contact person designated in Appendices A through C of this Agreement. 

J. LOCAL AGENCY INDEPENDENT AUTHORITY; SUBDELEGATION 

1. ADEQ's delegation of Functions and Duties to a municipality within the LA's boundaries 

shall in no way infringe upon, reduce or usurp the LA's right, authority and responsibility 

to implement non-delegated authorized activities and programs. 

2. The LA may not sub-delegate Functions and Duties delegated pursuant to this Agreement 

to another local government agency or political subdivision without obtaining the prior 

written approval of the Director of ADEQ. 

3. ADEQ shall provide the LA a copy of any delegation agreement it has entered into with a 

municipality, located in whole or in part within the LA's boundaries. 

K. CONFLICT RESOLUTION PROCEDURES 

The parties may resolve a conflict arising under this Agreement through arbitration. If the parties 

invoke this provision, the parties shall select a mutually acceptable third party as arbitrator. Each 

party shall bear its own arbitration fees, attorney fees and costs. 

L. AMENDMENT AND TERMINATION PROCEDURES 

1. Either party may seek to amend this Agreement. An amendment to this Agreement shall 

be in writing, shall be executed by the Director of ADEQ, the Director of the LA, the 

Chairman of the LA's Board of Supervisors, the Clerk of the LA's Board of Supervisors, 

and shall be approved as to form by the Attorney General and the LA's County Attorney. 

Amendments shall comply with the provisions in A.R.S. § 41-1081. Amendments to this 

Agreement shall be effective 30 days aftet written notice of ADEQ's final decision to 

amend this agreement 

2. This Agreement may be terminated, in whole or in part, by either party upon providing 

30 days prior written notice by certified mail to the other party and in compliance with 

subsection 3 of this section. 

3. The LA shall, prior to the termination of all or part of this Agreement, forward to the 

ADEQ Director all files, public documents and pending applications received by the LA 

for those delegated Functions and Duties being terminated, a summary status report of 

those delegated Functions and Duties, and shall provide written notification to all persons 

with pending applications and to all regulated facilities affected by the termination of this 

Agreement. 

Page 6 of7 

APPENDIX B

B-6
4. The cancellation provisions of A.R.S. § 38-511, the terms of which are incorporated by 

reference, shall apply to this Agreement. 

M. TERM OF AGREEMENT 

Unless otherwise stated, this Agreement is effective 30 days after written notice of ADEQ's 

decision to enter into this Agreement. This Agreement shall expire on June 30, 2050. If a new 

Agreement is not executed by that date, ADEQ and the LA may agree to extend this Agreement 

by filing an amendment in accordance with Section L of this Agreement. 

N. NAME AND ADDRESS OF PRIMARY CONTACT PERSONS 

ADEQ David Lelsz 

Delegations Coordinator 

Arizona Department of Environmental Quality 

1110 W. Washington Street 

Phoenix, AZ 85007 

(602) 771-2212 

dl2@azdeq.gov 

LA Fritz Behring, County Manager and LA Director 

Pinal County 

31 N. Pinal St., Bldg.A 

P.O. Box 827 

Florence, AZ-85132 

Tel: (520) 866-6212 

fritz.behring@pinalcountyaz.gov 

The name of a successor to any of the above-named individuals shall not require the execution of 

an amendment to this Agreement. 

0. MAINTENANCE OF CONTACT INFORMATION 

Annually, beginning in January of2014, and in January of each year thereafter, ADEQ and the 

LA shall provide the other party with an updated schedule of contact persons as identified in 

paragraph N above, and in each ofthe Appendices A, B, C. 

Page 7 of7 

APPENDIX B

B-7
Appendix C 

Pinal County 

Air Quality Management 

A. DELEGATED JURISDICTION AND RESPONSIBILITIES: 

1. As a supplement to the LA existing statutory jurisdiction, ADEQ delegates to the 

LA permitting and enforcement jurisdiction over all major sources, as defined in 

A.R.S. § 49-401.01, A.A.C. Rl8-2-101, and R9-3-101 of the Arizona State 

Implementation Plan, located within Pinal County, other than those sources within 

the source categories specified in Subpart B, Paragraph 1, Items a through f of this 

Appendix. The delegation of jurisdiction under this paragraph shall be suspended 

and the LA shall have original jurisdiction over the major sources covered by this 

paragraph under A.R.S. § 49-402.A.l and B during any period when the LA has 

approval from the Administrator for new source review and prevention of 

significant deterioration under the Federal Clean Air Act. 

2. The LA shall exercise its statutory authority, as supplemented by this delegation, 

to meet the requirements and standards established under the Federal Clean Air 

Act and A.R.S. Title 49, Chapter 3. In administering this delegation, the LA shall 

meet the personnel qualifications, standards of performance and reporting 

requirements listed in Subparts C, D and E of this Appendix. 

B. RESERVED JURISDICTION AND RESPONSIBILITIES: 

1. Pursuant to A.R.S. § 49-402.A, ADEQ reserves jurisdiction within Pinal County 

over such sources, permits and violations that pertain to: 

a. Smelting of metal ore. 

b. Petroleum refineries. 

c. Coal fired electrical generating stations 

d. Portland cement plants. 

e. Air pollution by portable sources. 

f. Air pollution by mobile sources for the purpose of regulating those 

sources as prescribed by A.R.S. Title 49, Chapter 3, Article 5, and 

consistent with the Federal Clean Air Act. 

2. ADEQ further reserves source-wide, source-specific jurisdiction with respect to 

permits and other regulation of incidental emissions, if the source is one over 

which ADEQ has reserved jurisdiction, pursuant to Paragraph B.l of this Subpart, 

and both the activity that gives rise to the original reservation in favor of ADEQ 

and the activity that gives rise to the incidental emissions are under the control of 

the same entity or parent-and-subsidiary entities. 

3. This Agreement does not preclude ADEQ frdm asserting jurisdiction over any 

source pursuant to A.R.S. § 49-402.B. 

C. PERSONNEL QUALIFICATIONS: 

APPENDIX B

B-8
· The following mm1mum personnel qualifications shall apply to personnel performing the 

delegated Functions and Duties listed in Subpart A of this Appendix. 

1. Permit evaluations shall be performed by, or under the direct supervision of, an 

engineer qualified through air quality permitting experience or registration as a 

professional engineer in the State of Arizona. 

2. Duties may be performed by personnel with the minimum qualifications of two 

years of college training in engineering, industrial hygiene, or a closely related 

field and two years of training, education or experience which demonstrates 

ability to perform the duties of the position; including 30 semester hours of 

college-level chemistry, physics, engineering or closely related subjects and two 

years of technical experience with industrial processes producing pollutants, 

pollution investigation work or two years experience in general enforcement of air 

quality related activities. 

3. Inspectors must maintain current certification as a Visible Emission Observer, as 

specified in Arizona Testing Manual Revision F, and attend training equivalent to 

that specified in EPA Order 3 500 .1. Training for current inspectors must be 

completed within 18 months. Training for newly hired inspectors must be 

completed within 18 months of hiring. 

D. STANDARDS OF PERFORMANCE: 

The following standards of performance apply, where indicated, to the delegated Functions and 

Duties listed in Subpart A of this Appendix: 

1. Permit Issuance Timeframes 

a. Permitting activities shall be completed within the licensing time-frames 

established by the applicable provisions of the Federal Clean Air Act, 

Code of Federal R~gulations, Arizona Revised Statutes, the overall 

timeframes in Arizona Administrative Code Rl8-1-525, and locally 

applicable air quality rules, whichever is more stringent. 

b. If at any time the LA determines that the overall timeframes in Arizona 

Administrative Code R18-1-525 may be exceeded for an application, the 

LA shall, in addition to complying with any other applicable statutory 

requirements, notify the ADEQ Air Quality Director (AQD) Director as 

soon as practicable prior to exceeding the timeframes. 

2. All permits shall include the elements set forth in A.A.C. R18-2-306, 309 and 

325, and shall be processed according to A.A.C. R18-2-304 and 307, or locally 

applicable air quality rules, whichever is more stringent. 

3. All new major sources and major modifications to existing sources shall be 

processed according to A.A.C. Title 18, Chapter 2, Article 4, as applicable, or 

locally applicable air quality rules, whichever is more stringent. 

4. All permit revisions, reopenings, renewals, transfers, or other permit changes shall 

be processed according to A.A. C. R18-2-317, 318, 319, 320, 321, 322, and 323 or 

locally applicable air quality rules, whichever are more stringent. 

APPENDIX B

B-9
5. · All permitted facilities shall be required to submit annual emission inventories in 

accordance with A.A.C. R18-2-327 or locally applicable air quality rules, 

whichever is more stringent. 

6. All permitted facilities shall pay annual fees in accordance with A.A.C. R18-2-

326 or locally applicable air quality rules. 

7. Prior to denying a permit application for a source covered by this Agreement, the 

LA shall obtain ADEQ's approval of the action. 

8. Provisions shall be in place for accelerated permit processing. 

9. Unannounced inspections shall be conducted in accordance with an EPAapproved Compliance Monitoring Strategy (CMS Plan). Any source under this 

delegation not covered by a CMS Plan shall be inspected annually. 

10. Initial response to complaints shall be done, to the extent practicable, within 5 

days of receipt of the complaint. 

11. All compliance and enforcement activities shall be conducted in accordance with 

ADEQ's Compliance and Enforcement Handbook or locally applicable air quality 

rules and policies, whichever is more stringent. 

E. REPORTING REQUIREMENTS: 

1. The LA shall report the following 

a. Within 60 days after the execution of this Agreement, and annually 

thereafter in conjunction with Paragraph 2 of this Subpart, the LA shall 

file with the ADEQ AQD Director a list ofthe sources that are permitted 

by the LA that are covered by this Agreement. The list shall include the 

following: 

1. Name of the company operating the facility; 

11. Name ofthe facility; 

111. Description of the facilities operation; 

1v. Physical location, including both address and a general latitude and 

longitude; and 

v. For the initial report, an explanation as to why each source is under 

ADEQ's delegated authority. For subsequent annual reports, this 

explanation is only required for sources which were not on the 

previously submitted report. 

b. The LA shall file an annual report with the ADEQ AQD Director 

specifying the following for each source covered by this Agreement: 

1. Number of permits issued, including the date of receipt of the 

application and the date of permit issuance; 

n. Number of notices of violation and the percent of notices handled 

in a manner consistent with ADEQ compliance and enforcement 

policy; 

111. Number of inspections; 

1v. Number of complaints received and the percent of complaints 

receiving initial follow-up within 5 working days; 

v. Number of escalated enforcement cases; and 

APPENDIX B

B-10
v1. Description and disposition of each escalated enforcement case and 

amount of penalty assessed and collected, if any. 

2. The report required in Paragraph 1.b of this Subpart shall be submitted within 30 

days of the anniversary date of this Agreement. 

3. The LA shall provide copies of records associated with the activities specified in 

this Agreement upon request by ADEQ. 

D. AGENCY CONTACT PERSONS: 

The following LA employee is responsible for administering the delegated Functions and Duties 

as specified in this Appendix. The LA shall provide written notice to ADEQ of any successor. 

Name: 

Title: 

Agency: 

Address: 

Phone: 

E-Mail: 

Donald P. Gabrielson 

Director 

Pinal County Air Quality Department 

P.O. Box 987 

31 North Pinal Street, Building F 

Florence, AZ 85232 

(520) 866-6929 Fax: (520) 866-6967 

Don.Gabrielson@pinalcountyaz.gov 

The following ADEQ employee is responsible for administering the delegated Functions and. 

Duties as specified in this Appendix. ADEQ shall provide written notice to the LA of any 

successor. 

Name: 

Title: 

Agency: 

Address: 

Phone: 

E-mail: 

Eric C. Massey 

Director, Air Quality Division 

Arizona Department of Environmental Quality 

1110 W. Washington Street 

Phoenix, Arizona 85007 

(602) 771-2308, Fax: (602) 771-2366 

ecm@azdeg. gov 

The naming of successor to either of the above-named individuals shall not require the execution 

of an amendment to this Agreement. 

APPENDIX B

B-11
Signature Page for 

Pinal County 

Delegation Agreement #EV12-0061 

for Pinal County Arizona Department of Environmental Quality 

County Board of Supervisors 

~ . . \ L-4J.[,qf,?- ~Date· jl . 

Chamnan 

Attest: 

~~ /J..)i"llidClerk of the Board Date 

Date 

Pursuant to A.R.S. § 11-952(D), the foregoing Agreement has been reviewed by the 

undersigned attorneys for the County Division of Environmental Health and the Arizona 

Department of Environmental Quality, who have determined that this Agreement is in 

proper form and is within the powers and authority granted under Arizona law to their 

respective agencies. 

APPENDIX B

B-12
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On Apdl J.9, 1973 U:s Arizc:1a State 

;n::L:-ti r-:6 p2...Ssecl th2 :'ollmrins r2~o ution: 

l

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.. .i 

-... c.Lv 

fo!"' Uv::: L:.Y'ectc;r c.f thE:: 1:-.i.T.;~ ~icn or""' f~:c P: l2.:..:t cr~ 

Cont:::'ol to C .. e.sit;,--: ~~e e.ll e: i5::ln~ o~ ~~t~~:-::..e. l sc~~~.: :! c: s 

jJi tf"1·2 co~;ties of .~.~ _c r~:: , Ja";ojo, S.::x~tJ. C!"'UZ, c-!-.:5. 

"'a'" . ..., "'"'\ ..... ..( ,,,1+-n "- ~c::. n-., ..... ~.,.....,-.: , ,..... .,~.., ·rr .,..;l·-n ;~, .. "="" .. -· .-~ .......... .!:!:_'VC..:JcLL , .. vlJ. ~,.~, .. ...... _ ___ ,_._:-'...,J..C • .~. - - ........... C.::J - G:... - u..;. , c..,:, C-..... 

polJ.ut..icr-1 SC:ITC2S ~o .:c~t:-~ L:.!C:,::;r t: ~~ ju.;.,2.3:.2istiC!l ~:.; ;:: 

cor::.r~J. of ~~:e St;:;.:e C·i ~r5... s io:1 of' t\ir Pol:' . .l~3..(jn 

Co•1t:"<::ll p·u.r..:,u.a.."1t '.::J i-' s. § 36-·l7C6 .B . 

scurces c•:' ..?...ir pollut:.cn vlisl:in the statutorrj botmda:,jes of s:J.d cc.:.:-/.:: ::.::s 

DJ{.J.~ZD this 8t~ CJ.y o f' r~,_v, 1973 at Ph02n.iz, f'..rizor..:'l . 

·-----------.. ·----·----- /'\t·thur ;\ . f·.:;i: .. J..:-' 

Dl1··'- : 'v:::· 

!J.J. \-. ~~·.Jc,:J. c· ~· :. l' • • .. - 0 

: ~. ~ ; . ... -~ :, ~ c: . 

APPENDIX C

C-1
.. 

!If~ I ZOW\ ST!1TE /\R T~ \U JT OF Il EAL Til 

DIVlSiml OF fd R POLLUTIOii c c ;nRO L 

On November 29, 1373, the Arizona State BocJrd of Hea lth, at u public 

meeti _ng, pa s_s ed the fol lm·1ing resolution: 

11 thc Arizona State Board of He a lth 1

12rebv c;p o roves the r e qu es :: 

c f the D i ·r e c to r o f the D i v i s i on o f f\ i r " 'J l 1 u t i on Co n t r o 1 to 

des ignate a ! I e x isting or pct e nti<:;ll s o L. :.~ s in the county of 

Cochise as ai r pollution sourc e s to ~~ unde r th e jurisdictio~ 

~nd control of the Division of Air Pollu : ion Central o~ the 

Arizona State Department o f He alth pursuant to A.R.S. Section 

36-1706. 8. ' ' 

PU?.SUA1JT to Sl.!ch approva), I hereby a ss e rt juri s diction and contr~-: i 

over all e x isting a nd potential s o urc e s of air pollut ion within the 

statutory boundaries of Cochi s e County" to be come eff e ctive as to t :.e 

follO\·Iin g cat e gories of sources (and all cqui p::1 ent <J S::> oc i c:.ted \·lith S!..!ch 

sources) on th e dates in cl icated: 

1. Expl o sive Manufacturing Plants- February I, 1374 

2. Cotton Gins - ;-\a rch l·, 1974 

3. t:ul k Fue l Storage Facilities- /·\arch 15, 197L1 

4. Food Processi~g Op e rations- April 1, 1974 

5. P.ock, Sand, Gra·1el a nd Asphalt Op t: r a tio:1s- J\pril 15, l9 'i!: 

6. Incinerators - t':ay 1 , 1974 

:-7. Dry Cleaning and Food Processing Operations - 1-\a y 15, 1974 

8. All o ther e x isting an d otential sources of air 

pollution - June I, 1974 

DATED this 21st day of J a nua ry, 1974 <Jt Phoenix, f\rizon a . 

ARIZONA STATE DEPARTMENT OF HEALTH 

/7/l./) ' . _/1 , ? I ,'f,t_<..___ _ 

sy · r .... ~ ~ '-. --f: ____ ___.;_· -----:---::---

Arthur A. Ayma r, P.E. 

Director 

Division of Air Pollution Co~:rol 

APPENDIX C

C-2
j \ j_ ';.. j /J \ ) j 'I j 

JI, C I: Y.' ll.l.l l.:. ts . Covrrr. o r 

) . l . ut ii~ Afl \11, :.11 >. ' '""lor 

.. 

purs'J..2:,t to !>l' izor..a Eevi:J cd St2.tutcs § 3G-1706.D, --; c--:') _ .,.,. I -' ! 

Hith ore ccnccntr.::.tors c...'l::l/Ol' o:>e :t'O:?..::;t.c;r.::; , 2..11d cot ten c.i.ns l occ.'.:, c-:l I 

No\'C;i;l.icr 1, 1971: . 

DATED this zj~...,.. d'-'·" of' Octc::-cr. lQ7l' ---J.-/' -1--- ~ _, --...- I 1 • 

' 

J/U·TfS L. SQt:\! 'L \lJ ~J J, l·1.D. 

Director 

D::partn:-:~nt of Eo2..lt:-1 Se::."'v:..ccs 

APPENDIX C

C-3
·-

i 

.. .... 

:---

~-i ·. ~·:...:... \..' .. • \ .. ··:.:.:.. .. ·.:._ .. . _ _., ... . ,I 

Q ! vii I~ the Matt2r or: 

~ ,il: · SOtJ~CZS GF :.;.::?. POLLlJTI('~~ LOCATED IN MOHAVE COC~TY - II ;} ! i 

!' 

JUR!SDICTIO~ 

--II I I 

I 

I 'J: IS HEREBY ORDEREDj pursuant to the authority ~ranted 

I 

Bi t o me by ~.s . § 36 - 1706.8, that the following sources and/or 

! 

i 9!i · ?Gtential sources of air pollutio n in ·!-teh:.?:: Co~rH:y .?.re desig10 il ;-.c>. ted as State soL1rces · and such source s sh<:!.ll b.:= under the sole 

I · 

11 ;! .:!.!ld exclu i7e jt:.risd.iction and c ontrol of the Arizona Department 

il 12;1 o.E Health S~rvices: 

1 !'II -'-. New and existing nonpoint sources for which theie ,; II 

P1!! are emissic ll limitations or stanc~ards of per£orr·.~ a~ce 0::1 t~:.e date 

!I 

15 :i of this pr-::multJ.::ttion in 1\rticle 4, C!1apter .3, 'l'it:c! 9 of the 'I 

i' 1G 

1

, j I\d.:ninistra·;: . .:_ ve Rules and Regulation~, u. COJ.?Y of t¥hich hco.s been 

. ,.. !'· 1 l .j 

1 .:::. t tac hed b;.::c to ctnd is incorporated herein by reference. 

I 

1s 1 

.., 

"- . Exist.ing stationary point sources far which 

\ 

there 

lU J are eP.lission limitations or standards of pertormanc e on the date 

I 

20 of this pramulgation in Z\rti c le 5, Chapter '3, Ti tfe··-9 of the 

')'1 

... .I. 

I ._.Administra -c i ve ?.ules .and Regulo?tions, a copy of 'N"hich has been . ... .· . 

..:· .. :· .. ·, 

attached .- he~eto ·and is incorporated herein by reference~ ........ ·.-.-·- - -· . :: ·..: ·. ~-:-_:._. 

~ew sta~ionary point so~rces for ~hic~ the~~ a~e ~ 

i 24 . emission -limitations or standards of performance on the date of 

, • •• · • ·· · - · - · · ·;. • ":. .... . .. • . : • • - · : ~ : -• • • 1~ .:, . ~ ·: : . • _ • -:--: • • • ··. :. : • .:_·:· ~-... _:· _ ;·: • •• : •• • • ·-~ : __ • • ... . ... • .• ; _ • • :~~ .. ~-- -- ~ f . : ·.. ·- ·. · .<6~7.~ ! :- s~~~ ~~~~tl~;~~-:~~~~- ~~:/~~~ ~~,1,: ~:~, · ~?~r~~-~ d; ,. r~~~:: ~r -,i.t~~~ ~~~:;~~: 

l· . . u • • • _ • , " 2u! [ ,~. ~-ti ve. -~~~~~i:~:,~~:ul~;~~;~ .C ~::~~l!~ ~-f ~:~~~ ~- ~~~ ·o~e~ n· :~~~~ ~ . --:-.·- 27w-:- ~eret:o ·-and:is=:.:in.cor?'?.rated __ l1ereiz:: -by -t~ :--~ e~_cc ~~-· .. . -- --~;~.:;.. 

~ · · ·, :· 2H d ·.:_- .- ~ ·-:: ·.:-·-- ~4 .. -,Ne~·~-~nd .. e:<isting point _and r.o.np<Jint sourc::_~ ~hi::.,!:_ 

, ~ c .... o ~~- :~t~:J i i,'iiiii!=i:-~1[,~~~-s ~~f:; P~ l ~~~~~s:, fo~ ::h~~c~-~{~~~~/ _r~ e~i~," ~i:i:~ ~~ ·:. -.·: .... _ ... ::·· :~f~:·:~ojl· ~-~ :~~~~ n~V ~:- ~: ~n~-~~~ ~~?~ ;~~~~e~a5j~:~~~--;·~~; -ct:~ ~~{· ~_:!~Ji:ti~~~~ · 3 · 31 ,

1

, prornulg at _· ?.n >::_-·_~.rticle 9 , Chap t; r~ ;· Titl~/ · cE the =-:--~ ~-~~ ~?~ ~7 

~ I . ' •) •) I • • • 

''-q 

-- ·!1-=:~::------: : ....... . : .. ~.;-~ -~ -: .:· ..... ... : .. _,_ -·- · . j; . . 

:.' '."*' if ~~{.~?;'<::,:B~;j~\~:; ,;::_· _. .. ::;:.;-;.. .:.~;;-;:;'!>,+: ::,;.·i;· ;';'' ~#~:: ~~:· ,';;:- ~;;-;.~ ;:;::; :" :;;.YJ;: ~~?;;; ;~ : . .<: ;;_:-:;:r.:<:.;~ ~'<. 

~ ~ ..... 

'i t ~ _:-~ , __ .. ~: .- ;' :t:•'" ~;_

APPENDIX C

C-4
r, 

1 

2 

3 

.J 

5 

G 

7 

8 

9 

10 

11 

12 

13 

' ··-•. 14 

Hi. 

·-

--. ::7 ··- -_- ·-·· -· 27 

.-- -·28 

20 

I' 

I 

'I'l!i s ' 

B- J " 

·-. . .. 

·' 

· 

--... ~ : ::; 

It~ ~ 

be en 

------ -

A?PROV ED AS TO FOR~ 

19 'f;() 

-~

Filed in the ·Office of the -:. . 

Secretary of State this 6th . . I 

day of . qune ~ 1980:. · 

) .. 

j 

-. 

I :::): . ·. /' . -' ' 

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:-....:.:.....~;,;;---:-r. ~=·~ -~ :.: .. i- ~--:;;'=:'~~ -~;;__.:."7~:;..: ~.== :: ;~- .:.~ ~--..:.. :._ . ..:~- :.;..i,; ----. · .. . ·: · __ -_..:. ·.::.::- ··- -- . --.- ·----- ...:... =::.::.:..:..=:..:.:..... .. . __ ::._::._: -:__ ~::... .. - --...:::·::.._-: . · __ :.;: ... 

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. ---- --=..:....:. ":"-- ··-:--

..... _..,_ ..... ___ . __ 

":";: ..... 

APPENDIX C

C-5
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY 

EVAN MECHAM. GOVERNOR 

Gerald H. Teletzke, Ph.D., Directqr 

Coconino -County Board of Supervisors 

219 East Cherry 

Flagstaff, AZ 86001 

ATTENTION: Paul Babbitt, Chairman 

Dear Mr . Babbitt: 

August 13, 1987 

I am writing to you in r esponse to the attached letter from Catherine Eden, 

County Manager of Coconino County, which transmits the county's decision 

not to accept delegation on air pollution . It is my understanding that on 

May 14 , 1987, you, as Chairman of the Board of Supervisors, reaffirmed this 

decision at the Department of Health Services' meet i ng on county delegation 

agreements . 

Under A.R. S. §49-402, the Director of the Arizona Department of Environmental 

Quality, must a ssert state jurisdiction for air qualit¥ control under these 

cir cumstances. Through this letter, I hereby assert such jurisdiction . 

\ May I take this opportunity to thank you for your suppor t in past years and 

be assured that the Department of Environmental Quality will strive to 

cont i nue a. high level of air qual i ty protection · and public education in _ your 

county. Please do not hesitate to contact me at 257- 2300 or Lee· -Lockie, 

Assistant Director at 257-2308 if we can be of f urther assistance , to you as 

we implement this state program. 

The DEQ air quality engineer in Flagstaff is Mike Howeth and he can be 

reached at 779-0313. 

GHT/LL/lr 

ATTACHMENT 

cc: Lee Lockie 

Carroll Dekle 

Mike Howeth 

Doris Gates 

Director 

The Depanmmt uf Em·irvnmenral Quality is An Equal Opportunity Alflrma/il•e Acriun Emp'/oref 

Central Palm Plaza Building 2005 North Central Avenue Phoenix, Arizona 85004 

APPENDIX C

C-6
JA~ GHf CLD Ul U 

A.RIZ ONA DEPARTM ENT OF ENVIRONI\1ENTAL QUALITY 

Governo r 

April 13, 1988 

Gi let County Board of. Supervisors 

Gila County · Courthouse 

1400 East Ash 

Globe, Arizona ~5501 

ATTN: Vernon R. France, Chairman 

De a.r 1•1r. France: 

I am wrf-ting to you . in response to the April 7, 198 8 letter 

a nd resolution from Ro~e Marie ~hillips, which transmits 

the county's.decisicn nqt to accept delegation on air pollution. · 

Under .P •• R.S . 49-402, the Director of the . Ari z ona Department of Env ironmental Quality; must assert state jurisdiction for· air quality contro:t under these . circumstances . 

Through this letter, I hereby assert such jurisdiction . 

:t<l.s.y I . take this opportunity to thank you for your support 

in past years ·and be assured that the Depa.rt.rrrent 9f .. ,Env ironmental Quality will strive to continue a high level' · of 

air quality protection and public education . in your county. 

Please do not hesitate to contact me at 257-6917 or William 

Watson, Acting Assistant Director, Offi6e of.Air Quality, 

at 257-2308, if we can be of further assistance to you as 

we implement this state program. 

The Permits 

. 257-2285. 

and Compliance Section can be reached 

. GHT:CLD:ds . 

Attachment 

c: ~Villiam Watson 

Carroll L. Dekle 

Da'Jid Chelgren 

tZJ.lv~. 

,/ ~erala. H • 

. Director 

The Department of Environmental Qualiry is An Equal Opportunity Affirmative Acrioll Employer 

at 

APPENDIX C

C-7
ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY 

EVAN MECIIAM, GOVERNOR 

G ERALD H. TELETZ KE. I'll. D .. DIRECTOR 

Rose Mefford, Acting Governor 

Yuma County Board of Supervisors' 

168 South 2nd Avenue 

Yuma, AZ 85364 

ATTN: Clyde Cwning, Chairman 

Dear Mr. Cuming: 

Marc h 28, 1988 

I am writing to you in response to ·the attached le·tter from 

Larry A. Leach, which· ·transmits the county's decision not to 

accept delegation on air pollution. 

Under A.R.S. §49 - 402, the Director of the Arizona Department of 

Environmental Quality, must assert state jurisdiction for air 

guali ty contrDl under these cirplmstances . Through this letter, 

I hereby assert such jurisdiction. 

May I take this oppo.rtunity to thank you for your support in 

past · years and be assured that the Department of Environmental 

Quality will strive to continue a high level of air-. quality · pro tection and public education in your county. Please -do not 

hesitate to contact rne . at 257-6917 or William Watson, Acting 

Assistant Director, . Office of Air Quality, at 257-2308 , if we 

can be o f further assistance to you as ·We implement this state 

program. 

The Permits & Compliance Section can be reached at 257-2285 . 

GHT:CLD:pf 

Attachment 

cc: William ·watson 

Carroll Dekle ' \ 

The Dr!partment of Enviranmmtal Quality is An Equal Opportunity Afjirmativ~ Action Employer 

APPENDIX C

C-8
' .. -c·a-1\i·r-F~-·A c.r .. ----·----··----------t No.&Uif :L.3 P~~tJo (}()tJolJcJ(I()dl) f;L 

. ' 

AMENDMENT NO. -------- }his. number must appear on all 

tnvotces, correspondence and 

docurr,ents pertaining to this 

contract. ___ ,..,.,..,_..-.,.,_,,u~---~ 

DELEGATION AGREEMENT 

Between 

Arizona Department of Environmental Quality 

And 

Pima County, hereinafter, County, a political subdivision of the State of Arizona, acting by and 

thiough the Pima County Department of Environmental Quality and the Pima County Health 

Department · 

Delegation Agreement# EV12-0060 . 

Whereas, Arizona Revised Statutes (A.R.S.) § 49-107, authorizes the Director of the 

Arizona Department of Environmental Quality (ADEQ) to delegate to a local environmental 

agency, or county health department, any functions, powers, and duties, hereinafter, Functions. 

and Duties, which the Director believes can be competently, efficiently, and properly performed 

by the local environmental agency, or county health department and 

Whereas, the Pima County Department of Environmental Quality and the Pima County 

Health Department are the local environmental agency and county health department, 

hereinafter, LA, as set forth in A.R.S. § 49-107, and · 

Whereas, A.R.S. §§ 11-201(A)(3) and 11-952 authorize the County Board of Supervisors 

(and by delegation the LA, where the LA· is a local environmental agency or health department) 

to enter into contracts as necessary to assist LAinexercising its powers, and 

Whereas, the LA deems that it is in its best interests to accept such delegation, 

Therefore, the Director of ADEQ delegates to the Pima County Department of 

Environmental Quality as LA, and the LA accepts the delegation of those Functions and Duties 

described in the Appendices of this Delegation Agreement, hereinafter Agreement, (Appendix''~ 

of this Agreement for Wastewater and Drinking Water Delegations, except Subpart A, Paragraph 

11, Public and Semipublic Swimming Pools, Appendix B of this Agreement for Solid Waste 

Delegations, Appendix C of this Agreement for Air Quality Delegations and Appendix D of this 

Agreement for Hazardous Waste Delegations) on behalf of ADEQ and in accordance with the 

terms and conditions specified in this Agreement. 

Further, the Director of ADEQ delegates to the Pima County Health Department as LA, and the 

LA accepts the delegation of those Functions and Duties described in Appendix A, Subpart A, 

Paragraph 11, Public and Semipublic Swimming Pools, of this Agreement on behalf of ADEQ 

and in accordance with the terms and conditions specified in this Agreement. 

Page I of7 

APPENDIX D

D-1
~' " .. 

A. DELEGATED FUNCTIONS AND DUTIES 

The Functions and Duties that are delegated to the LA by this Agreement are identified in 

Sections A through N, and in Appendices A, B, C and D of this Agreement. ADEQ statutes, 

rules; policies and guidance shall be used in implementing the delegated Functions and Duties. 

The Functions and Duties not specifically delegated by this Agreement are retained by ADEQ. 

B. STANDARDSOFPERFORMANCE 

1. The standards of performance required of the LA to perform the delegated Functions and 

· Duties and to fulfill the terms of this Agreement are those provided by statute and duly 

adopted rule, and are generally the same as those required of ADEQ perso1lllel. The 

performance of the delegated Functions and Duties by the LA shall conform to ADEQ 

statutes, rules, policies and guidance. Program-specific standards of performance are 

identified in the Appendices of this Agreement. 

2. ADEQ shall provide the LA with periodic training upon the request of the LA. 

3. ADEQ shall provide operating guidance for use in implementing the terms of this 

· Agreement concurrent with the execution of this Agreement. ADEQ will use its best 

efforts to provide the LA with new and/or updated guidance prior to or shortly after the 

effective date of the guidance. The guidance shall, at a minjmum, include Engineering 

Bulletins, program guidance memoranda, substantive policy statements, copies of all 

applicable forms, policies and procedures, and other material that may assist the LA to 

carry out the delegated Functions and Duties specified in this Agreement. The LA may 

contact ADEQ for clarification or guidance on procedural or technical issues. 

4. In the. event of any dispute between the LA and a third party regarding the LA's 

interpretation or application of ADEQ statutes, rules, policies and guidance, ADEQ shall, 

if requested by the LA, provide timely assistance and direction to the LA. 

C. FEE AUTHORITY AND TYPES OF FEES 

1. · To the extent permitted by law, ADEQ delegates the authority to collect fees 

Un.der its established fee rules to assure the LA may accomplish delegated 

Functions and Duties according to the applicable standards. 

The LA shall allllually report delegated program authority fees to ADEQ on or 

before September 1. The report shall list all permits issued that year and the total 

revenue for each general pennit category. ADEQ shall provide the LA with a 

template for the report. The report shall be delivered to ADEQ Central Office, 

1110 West Washington Avenue, Phoenix, Arizona 85007, to the Office of the 

ChiefFinancial Officer. · 

Page 2 of7 

APPENDIX D

D-2
> ' 

t !' 0 '· 

Unless otherwise provided by statute, fees imposed by the LA shall be limited to the cost 

of service, including all direct and indirect costs. · 

2. Fees are authorized by, and shall conform to, the requirements of state laws and rules and 

county ordinances. 

3. All fees collected by the LA pursuant to this Agreement shall be retained by the LA as 

consideration for-performing the Functions and Duties described in this Agreement. 

D. PERSONNEL QUALIFICATIONS 

The required personnel qualifications for exercising each Program's delegated Functions and 

Duties are identified in the corresponding Appendix to this Agreement. 

E. RECORD KEEPING AND REPORTING REQUIREMENTS 

1. The LA agrees to maintain records relating to its performance of the. delegated Functions 

and Duties as specified in this Agreement for a period of ten years from the date of 

complete resolution of any technical dispute, contested case, action against a party, or any 

appealable agency action, unless a longer period is required by statute or rule. 

2. The LA agrees to create and submit reports related to its performance of the delegated 

Functions and Duties as specified in this Agreement. The reports shall be created and 

submitted to ADEQ in accordance with the specifications in the Appendices to this 

Agreement. 

F. OVERSIGHT ACTIVITIES 

1. ADEQ may accompany LA personnel on inspections and may review all records relating 

. to the LA's performance of the delegated Functions and Duties as set forth in this 

Agreement. ADEQ shall provide prior notice to the LA of its intent to accompany LA 

personnel on inspections. LA personnel may accompany ADEQ inspectors on inspections 

for purposes of training, information sharing or coordinating LA and ADEQ activities. 

The LA shall provide prior notice to ADEQ of its request to accompany ADEQ 

inspectors on inspections. 

2. Periodically, ADEQ shall conduct an evaluation of the. LA's performance of the 

delegated Functions and Duties. Either party to this Agreement may request that the 

frequency of evaluations be increased. The initial results of all program evaluations shall 

be in writing and shall be communicated to the LA in a draft report. The LA is entitled to 

comment on the draft report. After ADEQ'S response to comments, ADEQ shall finalize 

the report and transmit a copy to the LA. The final reports of all program evaluations are 

Page 3 of7 

APPENDIX D

D-3
f f "'T I' :(3 1 1 

public documents pursuant to A.R.S. § 39-121 et seq. 

G. DELEGATION OF ENFORCEMENT AUTHORITIES; LOCAL AGENCY 

OBLIGATIONS 

1. This Agreement is subject to the provisions of A.R.S. § 49-106. 

2. As a supplement to ·any independent statutory authority LA may have, LA is hereby 

delegated the enforcement authorities pursuant to A.R.S. §§ 44-1307, 49-141, 49-142, 

49-261, 49-262, 49-354 (A) and (B), 49-460 through 463, 49-781 through 783, 49-791, 

49-922(B), 49-923 and 49-924, as applicable to the delegated Functions and Duties 

specified in this Agreement. · 

3: The LA shall be responsible for initiating timely and appropriate enforcement actions for 

alleged violations by individuals and facilities affected under this Agreement. The LA 

shall make compliance determinations and conduct enforcement actions in accordance 

with ADEQ's Compliance and Enforcement Handbook. The LA shall use inspection 

checklists and boilerplate documents provided by ADEQ or such documents that contain 

the s.ame content as those documents provided by ADEQ. 

4. ADEQ retains its authority to take an enforcement action against any individual or 

facility, the regulation of which is specified in this Agreement. At its discretion, ADEQ 

may refrain from exercising such authority if ADEQ determines that the enforcement 

action taken by the LA is timely, appropriate and effective. Except in a case involving an 

immediate threat to the public health, safety or environment, ADEQ shall give the LA 30 

days prior written notice of its intent to initiate an enforcement action if the LA fails to 

initiate such enforcement action. In a case involving an immediate threat to the public 

h~alth, safety or environment, ADEQ shall make its best efforts to notify the LA prior to 

its undertaking such an enforcement action. · 

5. Where appropriate, and if there is no conflict with applicable environmental statutes and 

rules, LA may conduct enforcement action using the authority provided by A.R.S. Title 

36 or A.R.S. Tl.tle 49, Chapter 3, Article 3. Nothing· herein shall preclude LA from 

independently initiating enforcement action pursuant to its own authority under A.R.S. §§ 

36-602, 36-603, 49-143, and 49-144, or any other civil or criminal statute or local 

ordinance, or from pursuing any other available legal or equitable remedy. 

6. In those cases where the Attorney General has exclusive authority to bring an action to 

collect civil penalties, ADEQ shall timely notify the Attorney General of the· LA's intent 

to initiate an enforcement action and such enforcement action shall be coordinated among 

the LA, ADEQ, the Attorney General and the LA's County Attorney. 

7. In cases of civil enforcement, the LA and ADEQ shall coordinate litigation and 

settlements, unless the LA has independent statutory enforcement authority. The LA and . 

ADEQ may act as co-plaintiffs in order to maximize resources. 

Page 4 of7 

APPENDIX D

D-4
8. Civil penalties assessed and collected under the authority of ADEQ's statutory" 

enforcement authority shall be in the name of the State of Arizona, and shall be 

forwarded to ADEQ with copies of court documentation for deposit into the state general 

fund in accordance with A.R.S. Title 35, Article 3. 

9. ADEQ may execute compliance initiatives directed at certain classes of violations or 

facilities that are alleged to be in violation of applicable statutes or rules. To the best of 

its ability, the LA agrees to cooperate in the successful execution of such compliance 

initiatives that involve facilities, the regulation of which has been delegated in by this 

Agreement. · 

H. APPEALS OF LOCAL AGENCY ACTIONS 

1. Unless otherwise- provided by statute, LA shall ·conduct administrative hearings for 

appeals of licensing decisions -and enforcement actions taken· by the LA under the 

delegated Functions and Duties ofthis Agreement in accordance with the A.R.S. Title 41, 

Chapter 6 Administrative Procedures, A.R.S. § 41-1092 et seq., and the Office pf 

Administrative Hearings, Rules of Procedure, Arizona Administrative Code (A.A.C.) R2-

19-1 01 et seq. The LA shall use administrative law judges provided by the Office of 

Administrative Hearings (OAH). If an OAH administrative law judge conducts an 

administrative hearing under this Agreement, ADEQ shall pay for the LA's OAH hearing 

related costs. The LA, the LA's County Attorney, or counsel retained by LA, shall 

represent the LA at all administrative hearings. Nothing in this agreement mandates that 

the LA contract for the services of administrative law judges with respect to 

administrative hearings involving matters arising from the LA's independent authority, 

functions and duties. 

2. Pursuant to A.R.S. § 12-904, if the OAH administrative law judge grants or denies the 

relief requested, either the appellant or the LA may file a complaint in superior court 

within 35 days after the decision. 

3. The LA shall provide ADEQ an a.J.mual report by July 31st of appeals filed and their final 

resolution. 

I. LICENSING AUTHORITY 

1. The LA agrees to comply with the overall time frames set forth in A:A.C. R18-1-525 

when issuing licenses pursuant to delegated Functions and Duties under this Agreement. 

The LA shall provide a quarterly ·report to ADEQ indicating the number of licenses 

issued that quarter, by general type of license, and the number of licenses that exceeded 

the licensing time frame for the licensing decision. If the LA fails to meet a licensing 

time frame, the quarterly report shall indicate the reason(s) why the licensing time frame 

was missed and the corrective action the LA has taken. If the LA demonstrates a pattern 

of failing to meet the required licensing time frames, ADEQ shall assist the LA in 

Page 5 of7 

APPENDIX D

D-5
( ( () .. 

correcting the deficiencies in LA's licensing procedures. 

2. The LA shall submit the quarterly reports described in subsection 1 of this Section to the 

ADEQ primary contact person designated in Appendices A through D of this Agreement. . 

J. LOCAL AGENCY INDEPENDENT AUTHORITY; SUBDELEGATION 

1. ADEQ's delegation of Functions and Duties to a municipality within the LA's boundaries 

shall in no way infringe upon, reduce or usurp the LA's right, authority and responsibility 

to implement non-delegated authorized activities and programs. 

2. The LA may not sub-delegate Functions and Duties delegated pursuant to this Agreement 

to another local government agency or political subdivision without obtaining the prior 

written approval of the Director of ADEQ. 

3. ADEQ shall provide the LA a copy of any delegation agreement it has entered into with a 

municipality, located in whole or in part within the LA's boundaries. 

K. CONFLICT RESOLUTION PROCEDURES 

The parties may resolve a conflict arising undetthis Agreement through arbitration. Ifthe parties 

invoke this provision, the parties shall select a mutually acceptable third party as arbitrator. Each 

party shall bear its own arbitration fees, attorney fees and costs. 

L. AMENDMENT AND TERMINATION PROCEDURES 

1. Either party may seek to amend this Agreement. An amendment to this Agreement shall 

be in writing, shall be executed by the Director of ADEQ, the Director of the LA, the 

Chairman of the LA's Board of Supervisors, the Clerk of the LA's Board of Supervisors, 

·and shall be approved as to form by the Attorney General and the LA's County Attorney. 

Amendments shall comply with the provisions in A.R.S. § 41-1081. Amendments to this 

Agreement shall be effective 30 days after written notice of ADEQ's final decision to 

amend this Agreement. 

2. This Agreement may be terminated, in whole or in part, by either party upon providing 

30 days prior written notice by certified mail to the other party and in compliance with 

subsection 3 of this section. 

3. The LA shall, prior to the termination of all or part of this Agreement, forward to the 

ADEQ Director all files, public documents and pending applications received by the LA 

for those delegated Functions and Duties being terminated, a summary status report of 

those delegated Functions and Duties, and shall provide written notification to all persons 

with pending applications and to all regulated facilities affected by the termination ofthis 

Page 6 of7 

APPENDIX D

D-6
j f r:) ~ I 

Agreement. 

4. The cancellation provisions of A.R.S. § 38-511, the terms of which are incorporated by 

reference, shall apply to this Agreement. 

M. TERM OF AGREEMENT 

Unless otherwise stated, this Agreement is effective 30 days after written notice of ADEQ's 

decision to enter into this Agreement. This Agreement shall expire on June 30, 2050. If a new 

Agreement is not executed by that date, ADEQ and the LAmay agree to extend this Agreement 

by filing an amendment in accordance with Section L of this Agreement. 

N. NAME AND ADDRESS OF PRIMARY CONTACT PERSONS 

ADEQ David Lelsz 

Delegations Coordinator 

Arizona Department of Environmental Quality 

1110 W. Washington Street 

Phoenix, AZ 85007 

(602) 771-2212 

dl2@azdeq .gov 

LA For Appendices A (except Subpart A, Paragraph 11); B; C; and D 

Ursula Kramer, Director 

Pima County Department of Environmental Quality 

33 North Stone Avenue, Suite 700 

Tucson, AZ 85701 

(520) 243-7454 

Ursula.kramer@pima.gov 

For Appendix A (Subpart A, Paragraph 11 -Public & Semi-public Swimming Pools) 

Dr. Francisco A.R. Garcia, Director 

Pima County Health Department 

The Dr. Herbert K. Abrams Public Health Center 

3950 S. Country Club Road 

Tucson, AZ 85714 

Francisco.Garcia@pima.gov 

The name of a successor to any of the above-named individuals shall not require the execution of 

an amendment to this Agreement. 

Page 7 of7 

APPENDIX D

D-7
• • . .. 

AppendixC 

Pima County 

Air Quality Management 

A. DELEGATED JURISDICTION AND RESPONSIBILITIES: 

1. As a supplement to the LA's existing statutory jurisdiction, ADEQ delegates to 

the LA permitting and enforcement jurisdiction over the Tucson Electric Power 

· Company, H. Wilson Sundt Generating Station (Sundt Generating Statio:p.). · 

2. The LA shall exercise its statutory authority, as supplemented by this delegation, 

to meet the requirements and standards established under the Federal Clean Air 

Act and A.R.S. Title 49, Chapter 3. In administering this delegation, the LA shall 

meet the personnel qualifications, standards of performance and reporting 

requirements listed in Subparts C, D and E of this Appendix. 

B. RESERVED JURISDICTION AND RESPONSIBILITIES: 

This Agreement does not preclude ADEQ from asserting jurisdiction over any source 

pursuant to A.R.S. § 49-402.B. 

C. PERSONNEL QUALIFICATIONS: 

The following minimum personnel qualifications shall apply to personnel performing the 

delegated Functions and Duties listed in Subpart A of this Appendix. 

1. Permit evaluations shall be performed by, or under the direct supervision of, an 

engineer qualified through air quality permitting experience or registration as a 

professional engineer in the State of Arizona. 

2. Duties may be performed by personnel with the minimum qualifications of two 

years of college training in engineering, industrial hygiene, or a closely related 

field and two years of training, education or experience which demonstrates 

ability to perform the duties of the position; including 30 semester hours of 

college-level chemistry, physics, engineering or closely related subjects and two 

years of technical experience with industrial processes producing pollutants, 

pollution investigation work or two years experience in general enforcement of air 

quality related activities. 

3. Inspectors must maintain current certification as a Visible Emission Observer, as 

specified in Arizona Testing Manual Revision F, and attend training equivalent to 

that specified in EPA Order 3500.1. Training for current inspectors must be 

completed within 18 months. Training for newly hired inspectors must be 

completed within 18 months of hiring. 

D. STM~DARDS OF .PERFORMANCE: 

APPENDIX D

D-8
. . . ' • v 

The following standards of performance apply, where indicated, to the delegated Functions and 

Duties listed in Subpart A of this Appendix: 

1. Permit Issuance Timeframes 

a. Permitting activities shall be completed within the licensing time-frames 

established by the applicable provisions of the Federal Clean Air Act, 

Code of Federal Regulations, Arizona Revised Statutes, the overall 

timeframes in Arizona Administrative Code R18-1-525, and locally 

applicable air quality rules, whichever is more stringent. 

b. If at any time the LA determines that the overall timeframes in Arizona 

Administrative Code R18-1-525 may be exceeded for an application, the 

LA shall notify the ADEQ Air Quality Director (AQD) Director as soon as 

practicable prior to exceeding the timeframes. 

2; All permits shall include the elements set forth in A.A.C. R18-2-306, 309 and 

325, and shall be processed according to A.A.C. R18-2-304 and 307, or locally 

applicable air quality rules, whichever· is more stringent. 

3. All major modifications to the Sundt Generating Station shall be processed 

according to A.A.C. Title 18, Chapter 2, Article 4, as applicable, or locally 

applicable air quality rules, whichever is more stringent. 

4. All permit revisions, reopenings, renewals, transfers, or other permit changes shall 

be processed according to A.A.C. R18-2-317, 318,319,320,321,322, and 323" or 

locally applicable air quality rules, whichever are more stringent. 

5. The Sundt Generating Station shall be required to submit annual emission 

inventories in accordance with A.A. C. R18-2-327 or locally applicable air quality 

roles, whichever is more stringent. 

6. The Sundt Generating Station shall be required to pay annual fees in accordance 

with A.A. C. R18-2-326 or locally applicable air quality rules. 

7. Prior to denying a permit application for the Sundt Generating Station, the LA 

shall obtain ADEQ's approval of the action. 

8. Provisions shall be in place· for accelerated permit processing. 

9. Unannounced inspections shall be conducted in accordance with an EPAapproved Compliance Monitoring Strategy (CMS Plan). 

10. Initial response to complaints shall be done, to the extent practicable, within 5 

days of re~eipt of the complaint. 

11. All compliance and enforcement activities shall be conducted in accordance with 

ADEQ's Compliance and Enforcement Handbook or locally applicable air quality 

rules and policies, whichever is more stringent. 

E. REPORTING REQUIREMENTS: 

1. The LA shall file an annual report with the ADEQ AQD Director specifying the 

following for the Sundt Generating Station: 

1. Number of permits issued, including the date of receipt of the 

application and the date of permit issuance; 

APPENDIX D

D-9
... . 

~ • t) 

n. Number of notices of violation and the percent of notices handled 

in a manner consistent with ADEQ compliance and enforcement 

policy; 

111. Number of inspections; 

1v. Number of complaints received and the percent of complaints 

receiving initial follow-up within 5 working days; 

v. Number of escalated enforcement cases; and 

Vl. Description and disposition of each escalated enforcement case and 

amount of penalty assessed and collected, if any. 

2. The report required in Paragraph 1 of this Subpart shall be submitted within 30 

days of the anniversary date of this Agreement. 

3. The LA shall provide copies of records associated with the activities specified in 

this Agreement upon request by ADEQ. 

D. AGENCY CONTACT PERSONS: 

The following LA employee is responsible for administering the delegated Functions and Duties 

as specified in this Appendix. The LA shall provide written notice to ADEQ of any successor. 

Name: 

Title: 

Agency: 

Address: 

Phone: 

E-Mail: 

Ursula Kramer 

Director 

Pima.County Department of Environmental Quality 

33 North Stone Avenue, Suite 700 

Tucson, AZ 85701 

(520) 243-7454 Fax: (520) 838-7432 

U rsula.Kramer@deg.pima.gov 

The following ADEQ employee is responsible for administering the delegated Functions and 

. Duties as specified in this Appendix. ADEQ shall provide written notice to the LA of any 

successor. 

Name: 

Title: 

Agency: 

Address: 

Phone: 

E-mail: 

Eric C. Massey 

Director, Air Quality Division 

Arizona Department of Environmental Quality 

1110 W. Washington Street 

Phoenix, Arizona 85007 

(602) 771-2308, Fax: (602) 771-2366 

ecm@azdeq.gov 

The naming of successor to either of the above-named individuals shall not require the execution 

of an amendment to this Agreement. 

APPENDIX D

D-10
" () 

Signature Page for 

Pima County 

Delegation Agreement # EV12-0060 

Pima County Department of Environmental Quality 

lkldA )?1~ J. ?.·15 

Ursula Kramer Date 

Director 

Arizona Department of Environmental Quality 

Date 

-•... _ 

EB 05 2013 

Attest: 

.FEB 05 2013 

Date 

Pursuant to A.R.S. § 11-952(D), the foregoing Agreement has been reviewed by the 

undersigned attorneys for the County Department of Health Services and the Arizona 

Department of Environmental Quality, who have determined that this Agreement is in 

proper form and 's within the powers and authority granted under Arizona law to their 

respective a 

APPENDIX D

D-11
janice K. Brewer 

Governor 

U.S. Mail 

August 3, 2012 

Ursula Kramer, Director 

ARIZONA DEPARTMENT 

OF 

ENVIRONMENTAL QUALITY 

1110 West Washington Street • Phoenix, Arizona 85007 

(602) 771-2300 • www.azdeq.gov 

Pima County Department of Environmental Quality 

150 West Congress Street 

Tucson, AZ 85701 

Re: Rosemont Copper Project 

Dear Ms. Kramer, 

Henry R. Darwin 

Director 

In October of2011, ADEQ was approached by the Rosemont Copper Company (Rosemont) regarding the 

air quality permitting of the Rosemont Copper Project, an open pit copper mine approximately 30 miles 

southeast of Tucson on State Highway 83. Rosemont requested a meeting with ADEQ to discuss the 

denial of their Class II permit application by the Pima County Department of Environmental Quality 

(PDEQ), and to request clarification regarding the applicability of regulations contained in the Arizona 

and Pima County State Implementation Plans (SIPs). 

As you are aware, the permitting requirements in both the Arizona and Pima County SIPs date back to the 

1970s and 1980s. Rosemont has reviewed both the Pima County SIP and the Arizona SIP in detail and 

has expressed a concern about substantial ambiguity in the permitting rules regarding jurisdiction, 

especially considering the age of the regulations and the lack of official records. The two main issues that 

impact the Rosemont Copper Project are permitting jurisdiction and the applicability of Pima SIP Rule 

504. Additional ambiguity also results from significant revisions to the Arizona Revised Statutes, 

Arizona Administrative Code, and Pima County Code since the SIPs were approved. 

ADEQ finds PDEQ's actions on the Rosemont permit have caused significant regulatory uncertainty by 

denying a permit application based on the lack of identification of applicable SIP requirements, especially 

since the identification of those requirements has not been required of any previous applicant for at least a 

decade. On July 5, 2012, the Arizona Superior Court in Pima County ruled that PDEQ's action to deny 

Rosemont's application was both arbitrary and capricious. Such a ruling highlights the regulatory 

uncertainty that has been caused by PDEQ's decision. 

Due to the confusion and uncertainty caused by the inappropriate denial of the Rosemont permit, to 

ensure that duplicative installation air quality permits are not required of the facility, and pursuant to 

A.R.S. § 49-402(B} and R9-3-11 01 of the Arizona SIP, ADEQ is hereby asserting complete air quality 

jurisdiction, effective immediately, over the Rosemont Copper Project, an open pit copper mine 

approximately 30 miles southeast of Tucson on State Highway 83. 

ADEQ's action creates regulatory certainty regarding which agency has jurisdiction over the mine, and 

will also resolve any questions regarding the applicability of Pima County SIP Rule 504, as the 

Southern Regional Office 

400 West Congress Street • Suite 433 • Tucson, AZ 85701 

(520) 628-6733 

Printed on recycled paper 

APPENDIX D

D-12
Page 2 of2 

Department requires all new facilities to conduct ambient dispersion modeling to ensure the protection of 

the National Ambient Air Quality Standards. The air permit proposed by ADEQ will ensure that 

Rosemont meets all federal, state, and local requirements. ln addition, the Department's proposed permit 

requires superior environmental protection as compared to PDEQ's August 29, 20 II proposed permit, 

through the installation and operation of the following enhanced emission controls at the mine: 

• State-of-the-art high-efficiency cartridge filters to reduce PM10 from process equipment; 

• Redesigning of the primary crushing and lime systems for process optimization and fewer 

emissions; 

• Increased use of new, less polluting engines in on-site vehicles; and 

• Paving of3.1 miles of road used within the property. 

As required by A.R.S. § 49-402(8), ADEQ and PDEQ have conferred by phone regarding the assertion of 

jurisdiction on August 3, 2012. If you have any questions, please contact Trevor Baggiore, Deputy 

Director of the Air Quality Division at (602) 771-2321 , or me at (602) 771-2308. 

Sincerely, 

APPENDIX D

D-13
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Arizona State Legislature Bill Number Search: 

Fiftieth Legislature - Second Regular Session change session | printer friendly version

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49-444. Notice of hearing; publication; service

A. Any notice of hearing required by this chapter shall be given by publication of a notice

of hearing for at least two times in a newspaper of general circulation published in the

county concerned or if there is no such newspaper published in the county, in a

newspaper of general circulation published in an adjoining county.

B. If the hearing involves any violation of rules adopted pursuant to this chapter, or a

conditional order therefrom then, in addition to the requirements of subsection A, the

person allegedly committing or having committed the violation or requesting the

conditional order shall be served pursuant to title 41, chapter 6, article 10.

 ©2007 Arizona State Legislature. privacy statment 

Senate House Legislative Council JLBC More Agencies Bills Committees Calendars/News

APPENDIX E

E-1
APPENDIX E

E-2
APPENDIX E

E-3
AIR QUALITY DIVISION

PUBLIC HEARING ON THE NEW SOURCE REVIEW

NOTICE OF PROPOSED RULEMAKING 

AND SIP REVISION

PLEASE NOTE THE MEETING LOCATION AND TIME:

Arizona Department of Environmental Quality 

Conference Room 250 

1110 W. Washington St.

Phoenix, AZ 85007 

Pursuant to 40 CFR § 51.102 notice is hereby given that the above referenced meeting is open to 

the public. 

1. Welcome and Introductions 

2. Purposes of the Oral Proceeding 

3. Procedure for Making Public Comment 

4. Brief Overview of the proposed SIP Revisions 

5. Question and Answer Period 

6. Oral Comment Period 

7. Adjournment of Oral Proceeding 

Copies of the proposal are available for review at the Arizona Department of Environmental Quality 

(ADEQ) Library, 1110 W. Washington St., Phoenix, Arizona. For additional information regarding the 

hearing please call Steve Burr, ADEQ Air Quality Division, at (602) 771-4251 or toll-free at 1-800-234-

5677, Ext. 771-4251. 

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, 

by contacting Dan Flukas at (602) 771-4795 or 1-800-234-5677, Ext. 771-4795. Requests should be made 

as early as possible to allow sufficient time to make the arrangements for the accommodation. This 

document is available in alternative formats by contacting ADEQ TDD phone number at (602) 771-4829. 

APPENDIX E

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APPENDIX E

E-5
1 PROPOSED ARIZONA AIR QUALITY 

2 STATE IMPLEMENTATION PLAN (SIP) 

3 FOR NEW SOURCE REVIEW

4 

5 

6 Oral Proceeding

7 Hearing Officer Script

8 

9 June 30, 2014

10

11 Danielle Hazeltine: Good afternoon, thank you for coming. I now open this 

12 hearing on the supplemental information being submitted in support of revisions to 

13 the state’s new source review (or NSR) state implementation plan (or SIP). 

14

15 It is now June 30, 2014, and the time 2:08 p.m. The location is conference room 

16 3100B at the Arizona Department of Environmental Quality, 1110 West 

17 Washington Street, Phoenix, Arizona 85007. My name is Danielle Hazeltine and I 

18 have been appointed by the Director of the Arizona Department of Environmental 

19 Quality (ADEQ) to preside at this proceeding.

20

21 The purposes of this proceeding are to provide the public an opportunity to:

22 (1) hear about the substance of the proposed supplemental information for the NSR 

23 SIP revision,

24 (2) ask questions regarding the revision, and

25 (3) present oral argument, data and views regarding the revisions in the form of 

26 comments on the record. 

27

28 Representing the Department are: Steve Burr and myself. 

29

30 Public notice of the supplemental information was published in the Arizona 

31 Republic and was also provided on ADEQ’s website. Paper copies of the proposed 

32 rule and SIP revisions are available at the ADEQ Phoenix office. 

33

34 The procedure for making a public comment on the record is straightforward. If 

35 you wish to comment, you need to fill out a speaker slip, which is available at the 

36 sign-in table, and give it to me. Using speaker slips allows everyone an 

37 opportunity to be heard and allows us to match the name on the official record with 

38 the comments. You may also submit written comments to me today. Please note, 

39 the comment period for the proposed rule and SIP revisions ends at midnight 

APPENDIX E

E-6
1 tonight. All written comments must be postmarked if sent via U.S. mail or 

2 received if sent via e-mail at ADEQ by June 30, 2014. Written comments can be 

3 mailed to Steve Burr, Air Quality Legal Support Section, Arizona Department of 

4 Environmental Quality, 1110 W. Washington Street, Phoenix, 85007 or 

5 sb5@azdeq.gov. Comments may also be faxed to (602) 771-2366. 

6 

7 Comments made during the formal comment period are required by law to be 

8 considered by the Department when preparing the notice of final rulemaking and

9 SIP. This is done through the preparation of a responsiveness summary and

10 response to comments in the Notice of Final Rulemaking in which the Department 

11 responds in writing to written and oral comments made during the formal comment 

12 period. 

13

14 The agenda for this hearing is simple. First, we will present a brief overview of the 

15 supplemental information for the proposed revision to the SIP.

16

17 Second, I will conduct a question and answer period. The purpose of the question 

18 and answer period is to provide information that may help you in making 

19 comments on the supplemental information. 

20

21 Thirdly, I will conduct the oral comment period. At that time, I will begin to call 

22 speakers in the order that I have received speaker slips. 

23

24 Please be aware that any comments at today's hearing that you want the 

25 Department to formally consider must be given either in writing or on the record at 

26 today’s hearing during the oral comment period of this proceeding.

27

28 At this time, Steve Burr will give a brief overview of the proposal.

29

30 * * * * *

31 Steve Burr: Good afternoon. My name is Steve Burr. I’m an Executive Consultant 

32 with the Legal Support Section of the Air Quality Division, and I had primary 

33 responsibility for drafting the supplemental SIP revision that is the subject of this 

34 hearing. 

35

36 The purpose of the original SIP revision, which was submitted to EPA on October 

37 29, 2012, is to bring the state’s new source review (or NSR) program into 

38 compliance with the federal clean air act so that the state can obtain full approval 

39 of the program from EPA. 

40

APPENDIX E

E-7
1 The purpose of the supplemental information document is to satisfy certain 

2 technical requirements for SIPs that were not covered in the original submission. In 

3 particular, the Clean Air Act and EPA regulations require SIP submissions to 

4 identify the state or local agencies that will be responsible for implementing NSR 

5 in each area of the state. 

6 

7 Briefly, in Arizona, the three counties with air quality programs, Maricopa, Pima 

8 and Pinal, have jurisdiction over NSR for most sources within their boundaries. 

9 ADEQ has jurisdiction over NSR for sources in the remainder of the state and for 

10 certain specific types of sources in the three counties.

11

12 The specifics on which sources are subject to which agency’s jurisdiction can be 

13 found in the supplemental information document itself, which is available on our 

14 website on the SIP capsules page. I’ll be happy to answer any questions about 

15 jurisdiction during the Q&A portion of the hearing.

16

17 That concludes my presentation. I will now turn the hearing back over to Danielle.

18

19 Ms. Hazeltine: This concludes the explanation period of this proceeding on the 

20 proposed revision to the state implementation plan and the proposed rulemaking. 

21

22 * * * * *

23

24 Are there any questions before we move to the oral comment period?

25

26 Hearing none, this concludes the question and answer period of this proceeding on 

27 the proposed state implementation plan revision and proposed rulemaking. 

28

29 * * * * *

30

31 I now open this proceeding for oral comments. 

32

33 Seeing no speaker slips, this concludes the oral comment period of this proceeding.

34

35 * * * * *

36

37 If you have not already submitted written comments, you may submit them to me 

38 at this time. Again, the comment period for this proposed revision to the SIP and 

39 proposed rulemaking ends at midnight tonight, June 30, 2014. 

40

APPENDIX E

E-8
1 Thank you for attending.

2 

3 The time is now 2:14 p.m. I now close this oral proceeding.

APPENDIX E

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