UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REG ION 10

Mr. Craig T. Kenworthy Executive Director Puget Sound Clean Air Agency 1904 Third Avenue Suite 105 Seattle, Washington 98101

-3317 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140



## MAY 

## 2 8 2013 OFFICE OF AIR , WASTE AND TOXICS

Re: Approval of Puget Sound Clean Air Agency 's Request for Updated Delegation of Authority for National Emission Standards for Hazardous Air Pollutants
Dear Mr. Kenworthy:
This letter is in response to your letter requesting to update and continue the delegation of the National Emission Standards for Hazardous Air Pollutants (NESHAPs). Consistent with the approved mechanism for streamlined delegation as described in 63 FR 66054, 66057 (December 1, 1998) , the U

.S

. Environmental Protection Agency (EPA) hereby grants this updated delegation request, as described below , to the Puget Sound Clean Air Agency (PSCAA) for the identified NESHAPs in effect on July 1, 2012. Delegation Request
You requested on November 29 , 2012 , to update delegation of the 40 CFR 61 and 63 standards that were previou sly delegated to PSCAA and to obtain delegation of new standards that the EPA has promulgated since your last delegation request as follow s :
40 CFR 61 Subparts:
40 CFR 63 Subparts : A, C, D, E, F, J, L, M, N, 0, P, V, Y, BB , FF

. A, C, D, F, G, H, I, L, M, N , 0 , Q, R, S(except provisions pertaining to kraft and sulfite pulp mills), T , U, W, X, Y, AA, BB , CC , DD, EE, GG, HH, II, JJ, KK, MM(except provisions pertaining to kraft and sulfite pulp mills), 00, PP, QQ, RR, SS , TT, UU, VV, WW, XX, YY, CCC , DDD, EEE, GGG, HHH, III, JJJ , LLL, MMM, NNN, 000, PPP, QQQ, RRR, TTT, UUU , VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN, 0000 , PPPP, QQQQ, RRRR, SSSS , TTTT, UUUU, VVVV, WWWW, XXXX, YYYY, ZZZZ, AAAAA, BBBBB , CCCCC, EEEEE, FFFFF, GGGGG, HHHHH, IIIII, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, RRRRR, SSSSS, TTTTT, UUUUU, YYYYY, ZZZZZ, BBBBBB,



# 0 Prfnted on Rscycled PaperDDDDDD, EEEEEE, FFFFFF, GGGGGG, JJJJJJ, LLLLLL, MMMMMM, NNNNNN, 000000, PPPPPP, QQQQQQ, RRRRRR, SSSSSS, TTTTTT, VVVVVV, AAAAAAA, BBBBBBB, CCCCCCC, DDDDDDD, EEEEEEE, HHHHHHH

. PSCAA has demonstrated that the above-referenced new and updated standards were adopted unchanged into PSCAA's Regulation I Section 3.25 on September 27, 2012

. Delegation Authority
The EPA has determined that PSCAA's regulations continue to provide adequate and effective procedures for implementing and enforcing the NESHAPs. Accordingly, the EPA hereby approves your request for an updated delegation of authority to implement and enforce the NESHAPs identified in Enclosure A, subject to the following terms and conditions:
1. The EPA is delegating the identified federal standards as in effect on July 1, 2012. New NESHAPs or NESHAPs that are revised substantively after that date are not delegated to your agency; these remain the responsibility of the EPA.

a. Acceptance of this delegation does not commit your agency to request or accept delegation of future NESHAPs and requirements.
b. The EPA encourages your agency to update your NESHAP delegation on an annual basis. This could coincide with the updating of the adoption by reference of the Federal NESHAP standards, which is important for maintaining EPA approval of your Title V operating permit program
. 2. The EPA is not delegating authorities under 40 CFR Parts 61 and 63 that specifically indicate they cannot be delegated, that require rulemaking to implement, that affect the stringency of the standard, or where national oversight is the only way to ensure national consistency. Note that on June 23, 2003, the EPA published a rulemaking clarifying the authorities in each existing 40 CFR Part 63 NESHAP that can and cannot be delegated to state and local agencies. See 68 FR 37334 (June 23, 2003). Provisions of 40 CFR Part 63 that are specifically identified in 68 FR 37334 as provisions that cannot be delegated to state and local agencies are not delegated to PSCAA.
3. This delegation is subject to the terms and conditions of the EPA's previous NESHAP delegations to PSCAA, 63 FR 66054 (December 1, 1998), 64 FR 7793 (February 17, 1999), 65 FR 10391 (February 28, 2000), 66 FR 14320 (March 12, 2001), 67 FR 11417 (March 14, 2002), letters dated November 16, 2004, March 8, 2005, November 22, 2005, December 18, 2006, January 11, 2008, February 4, 2008, November 14, 2009, March 10, 2011, and January 12, 2012.

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### 4. The EPA is not delegating the following Subparts of Part 63:

a. Consistent with your delegation request, Subpart S and MM with respect to kraft and sulfite pulp mills as described in PSCAA's Regulation III, Section 2

.02; b

. Subpart M for the reasons described in the EPA's letter dated January 11, 2008; and c. Subpart DDDDD (Industrial, Commercial and Institutional Boiler and Process Heaters), because the EPA has made significant amendments to this rule since it was published on July 1, 2012.
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. This delegation is subject to all federal laws and regulations as well as the EPA policies, guidance, and determinations issued pursuant to 40 CPR Part 61 and Part 63.
6. If both a state or local regulation and a federal regulation apply to the same source, both must be complied with, regardless of whether one is more stringent than the other, pursuant to the requirements of section 116 of the Clean Air Act.
7. Implementation and enforcement of the delegated NESHAPs are subject to the current Compliance Assurance Agreement for Air Quality signed by PSCAA and the EPA. This agreement defines roles and responsibilities, including timely and appropriate enforcement response and the maintenance of the Aerometric Facility Subsystem (AFS).
8. Enforcement of these delegated NESHAPs in yourjurisdiction will be the primary responsibility of your agency. Nevertheless, the EPA may exercise its concurrent enforcement authority pursuant to section 113 of the Clean Air Act with respect to sources which are subject to the NESHAPs.
9. Your agency and the EPA should communicate sufficiently to ensure that each is fully informed and current regarding interpretation ofregulations (including any unique questions about applicability) and the compliance status of subject sources in your jurisdiction.

a. Any records or reports provided to or otherwise obtained by your agency should be made available to the EPA upon request.
b. In accordance with 40 CPR 61.16 and 63.15, the availability to the public of information provided to or otherwise obtained by the EPA in connection with this delegation shall be governed by 40 CPR Part 2.
10. Your agency will be the recipient of all notifications and reports and be the point of contact for questions and compliance issues for these delegated NESHAPs. The EPA may request notifications and reports from owners/operators and/or your agency, if needed.

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### 11. Your agency will work with owners and operators of affected facilities subject to a NESHAP Subpart to ensure all required information is submitted to your agency. We request your assistance to ensure that this information

- including excess reports and summaries -is submitted to the EPA upon request.
12. Your agency will ensure that all relevant source notification and report 

### information is entered into the AFS database system to meet your recordkeeping/reporting requirements. The AFS reporting elements for "source information" that your agency is expected to provide include, but are not limited to: a) Identification of source b) Pollutants regulated c) Applicability of subparts d) Permit number for specific source or sub-unit e) Dates of most recent NESHAP compliance evaluations (inspections) f) 

### Compliance status
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. Your agency will require affected facilities to utilize the methods specified in 40 CFR Part 61 and 63 in performing source tests pursuant to the regulations. See 40 CFR 63.7.
14. Changes and alternatives:

a. Your agency is not delegated authority to approve "major changes to test methods," "major changes to monitoring," "major changes to recordkeeping/reporting," equivalent methods, alternative methods, emerging technologies, equivalent means of emission limitations, petitions for exemptions, and time extensions
. Such approvals remain the responsibility of the EPA.
b. Approval of "minor changes to test methods," "intermediate changes to test methods ," "minor changes to monitoring," "intermediate changes to monitoring," and "minor changes to recordkeeping/reporting" is delegated to your agency.

c. Your agency must maintain a record of all approved alternatives to monitoring, testing, recordkeeping/reporting requirements and provide this list of alternatives to the EPA semi-annually or more frequently ifrequested by the EPA. The EPA may audit any approved alternatives and disapprove any that it determines are inappropriate, after discussion with your agency. If changes are disapproved, your agency must notify the owner/operator that it must revert to the original applicable monitoring, testing, recordkeeping, and/or reporting requirements. Also, in cases where the owner/operator does not maintain the conditions which prompted the approval of the alternatives to the monitoring, testing, recordkeeping, and/or reporting requirements, your agency must require the source to revert to the original monitoring, testing, recordkeeping, and reporting requirements, or more stringent requirements, ifjustified.

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### d. For purposes ofthis paragraph, the terms in quotations have the meaning assigned to them in 40 CFR 63.90.
15. Your agency ' s authority to implement and enforce the NESHAPs under this delegation does not extend to sources or activities located in Indian Country, as defined in 18 U

.S.C. 1151

. Consistent with previous Federal program approvals or delegations, the EPA will continue to implement the NESHAP in Indian Country in Washington because your agency did not adequately demonstrate authority over sources and activities located within the exterior boundaries of Indian reservations and in other areas of Indian Country. The one exception is within the exterior boundaries ofthe Puyallup Indian Reservation, also known as the 1873 Survey Area. Under the Puyallup Tribe ofIndians Settlement Act of 1989, 25 U

.S.C

. 1773 , Congress explicitly provided State and local agencies in Washington authority over activities on non-trust lands within the 1873 Survey Area. Therefore, this delegation approval allows your agency to implement and enforce the NESHAP on non-trust lands within the 1873 Survey Area.
16. Your agency ' s authority to implement and enforce the NESHAP under this delegation does not extend to sources or activities under the jurisdiction ofthe Washington Energy Facility Site Evaluation Council (EFSEC). EFSEC has not requested an updated delegation

. Therefore, the EPA retains the authority to implement and enforce the NESHAP over these specific sources.
17. Based on an opinion letter from an attorney for your agency, the EPA has determined that the restriction on the issuance of civil penalties in Chapter 43.05 ofthe Revised Code of Washington, often referred to as "House Bill 1010," does not apply to local air authorities in Washington

. 18. The EPA Administrator delegated to the EPA Region 10 the authority to delegate the NESHAPs to any state or local agency. A state or local agency that receives delegation from the EPA Region 10 does not have the federally recognized authority to further delegate the NESHAPs.
19. Ifthe EPA determines that your agency's procedures for implementing or enforcing the NESHAPs are inadequate or are not being effectively carried out, this delegation may be revoked in whole or in part by written notice ofthe revocation

. Any such revocation will be effective as ofthe date specified in the notice.

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### Unless we receive negative comments from you within ten (10) days , this delegation is final and will be effective ten (1 

### 0) days from the date ofthis letter. Otherwise, no further correspondence to the EPA is needed from PSCAA to make this delegation effective. We will periodically publish a notice in the Federal Register informing the public ofPSCAA ' s updated delegation.
Ifyou have any questions regarding this approval, please contact Davis Zhen ofmy staff at (206) 553-7660 or email at zhen.davis @ epa.gov
.

Enclosures

cc : Mr. Stuart Clark (w/encl) Manager, Air Quality Programs Washington State Department of Ecology

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### Enclosure A
NESHAP Subparts Delegated to Puget Sound Clean Air Agency*

Part 61

- Subpartst
A General Provisions B Radon Emissions from Underground Uranium Mines 

## c Beryllium D Beryllium Rocket Motor Firing E Mercury F Vinyl Chloride G RESERVED H Emissions of Radionuclides other than Radon fro m Department of Energy Facilities I Radionuclides from Federal Facilities other than Nuclear Regulatory Commission Licensees and not covered by Subpart H J Equipment Leaks (Fugitive Emission Sources) of Benzene K Radionuclides Emissions from Elemental Phosphorus Plants L Benzene Emissions from Coke By-Product Recovery Plants M Asbestos N Arsenic Emissions from Glass Manufacturing Plants 0 Arsenic Emissions from Primary Copper Smelters p Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities Q Radon Emissions from Department of Energy Facilities R Radon Emissions from Phosphogypsum Stacks 

## s RESERVED T Radon Emissions from Disposal of Uranium Mill Tailings 

## u RESERVED 

## v Equipment Leaks (Fugitive Emission Sources) 

## w Radon Emissions from Operating Mill Tailings X RESERVED y Benzene Emissions from Benzene Storage Vessels 

## z RESERVED AA RESERVED BB Benzen e Emissions from Benzene Transfer Operations 

## cc RESERVED DD RESERVED EE RESERVED FF Benzene Waste Operations



### * NES HAP Subparts listed are delegated to Puget Sound Clean Air Agency as in effect on July l , 20 12. t Any authority within any subpart of40 CFR 61 that is not delegable is not delegated

. A-1 Delegated

X

X X X X

X

X X X X X

X

X

X

XPart 63

- Subpartst Delegated

VOLUME I A General Provisions X B Control Technology Determinations for Major Sources in Accordance with CAA Sections 112(g) and 112(j) 

## c List of Hazardous Air Pollutants, Petition Process, Lesser Quantity Designations , X Source Category List

· D Regulations Concerning Compliance Extensions for Early Reductions of X Hazardous Air Pollutants E Approval of State Programs and Delegation of Federal Authorities F HON

- Synthetic Organic Chemical Manufacturing Industry X G HON- Process Vents, Storage Vessels, Transfer Operations and Wastewater X H HON

- Equipment Leaks X I HON- Certain Processes Subject to the Negotiated Regulation for Equipment X Leaks J Polyvinyl Chloride and Copolymers Production (vacated by court) K RESERVED L Coke Oven Batteries X M Perchloroethylene Air Emission Standards for Dry Cleaning Facilities N Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks X 0 Ethylene Oxide Emissions Standards for Sterilization Facilities X p RESERVED Q Industrial Process Cooling Towers X R Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline B reakout X Stations) 

## s Pulp and

.Paper Industry (Except provisionspertaining to kraft and sulfite pulp X mills) T Halogenated Solvent Cleaning X 

## u Group I Polymers and Resins X 

## v RESERVED 

## w Epoxy Resins Production and Non-Nylon Polyamides Production X X Secondary Lead Smelting X y Marine Tank Vessel Loading Operations X 

## z RESERVED VOLUME2 AA Phosphoric Acid Manufacturing Plants X BB Phosphate Fertilizers Production Plants X 

## cc Petroleum Refineries X DD Off-Site Waste and Recovery Operations X EE Magnetic Tape Manufacturing Operations X FF RESERVED GG Aerospace Manufacturing and Rework Facilities X HH Oil and Natural Gas Production X II Shipbuilding and Ship Repair (Surface Coating) X JJ Wood Furniture Manufacturing Operations X 

### KK Printing and Publishing Industry X LL Primary Aluminum Reduction Plants

t Any authority within any subpart of40 CFR 63 that is not delegable is not delegated. 

### A-2Part 63

- Subparts :j: Delegated

MM Chemical Recovery Combustion Sources At Kraft, Soda, Sulfite, and Stand-Alone X Semichemical Pulp Mills (Except provisions pertaining to kraft and sulfite pulp mills) 00 Tanks

- Level 1 X pp Containers X 

### QQ Surface Impoundments X RR Individual Drain Systems X 

### ss Closed Vent Systems, Control Devices , Recovery Devices and Routing to a Fuel X Gas System or Process TT Equipment Leaks

- Control Level 1 X 

### uu Equipment Leaks

- Control Level 2 X 

### vv Oil-Water Separators and Organic-Water Separators X 

## ww Storage Vessel s (Tanks)- Control Level 2 X XX Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste X Operations yy Source Categories: Generic Maximum Achievable Control Technology Standards X 

## zz RESERVED 

### AAA RESERVED 

### BBB RESERVED CCC Steel Pickling- HCl Process Facilities and Hydrochloric Acid Regeneration Plants 

### x

. DDD Mineral Wool Production X VOLUME3 EEE Hazardous Waste Combustors X 

### FFF RESERVED GGG Pharmaceuticals Production X HHH Natural Gas Transmission and Storage Facilities X III Flexible Polyurethane Foam Production X JJJ Group IV Polymers and Resins X 

### KKK RESERVED LLL Portland Cement Manufacturing Industry X MMM Pesticide Active Imrredient Production X NNN Wool Fiberglass Manufacturing X 000 Manufacture of Amino/Phenolic Resins X ppp Polyether Polyols Production X VOLUME4 

### QQQ Primary Copper Smelting X RRR Secondary Aluminum Production 

### sss RESERVED TIT Primary Lead Smelting X 

## uuu Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and X Sulfur Recovery Units 

## vvv Publicly Own Treatment Works X 

## www RESERVED XXX Ferroalloys Production : Ferromanganese and Silicomanganese X AAAA Municipal Solid Waste Landfills X 

## ecce Manufacturing of Nutritional Yeast X DDDD Plywood and Composite Wood Products X EEEE Organic Liquids Distribution (Non-Gasoli ne) X FFFF Miscellaneous Organic Chemical Manufacturing X 

### A-3Part 63

- Subparts :j: Delegated

GGGG Solvent Extraction for Vegetable Oil Production X HHHH Wet-Formed Fiberglass Mat Production X IIII Surface Coating of Automobiles and Light-Duty Trucks X JJJJ Paper and Other Web Coating X 

### KKKK Surface Coating ofMetal Cans X MMMM Surface Coating for Miscellaneous Metal Parts and Products X NNNN Surface Coating of Large Appliances X 0000 Printing, Coating, and Dyeing of Fabrics and Other Textiles X pppp Surface Coating of Plastic Parts and Products X QQQQ Surface Coating of Wood Building Products X RRRR Surface Coating of Metal Furniture X 

## ssss Surface Coating of Metal Coil X TITT Leather Finishing Operations X 

## uuuu Cellulose Products Manufacturing X 

## vvvv Boat Manufacturing X 

## wwww Reinforced Plastic Composites Production X 

### xxxx Rubber tire Manufacturing X yyyy Stationary Combustion Turbines X VOLUMES 

## zzzz Stationary Reciprocating Internal Combustion Engines X AAAAA Lime Manufacturing Plants X BBBBB Semiconductor Manufacturing X 

## ccccc Coke Ovens: Pushing, Quenching, and Battery Stacks X DDDDD Industrial , Commercial and Institutional Boilers and Process Heaters EEEEE Iron and Steel Foundries X FFFFF Integrated Iron and Steel Manufacturing Facilities X GGGGG Site Remediation X HHHHH Miscellaneous Coating Manufacturing X IIIII Mercury Emissions From Mercury Cell Chlor-Alkali Plants X JJJJJ Brick and Structural Clay Products Manufacturing (vacated by court) 

### KKKKK Clay Ceramics Manufacturing (vacated by court) LLLLL Asphalt Processing and Asphalt Roofing Manufacturing X MMMMM Flexible Polyurethane Foam Fabrication Operations X VOLUME6 NNNNN Hydrochloric Acid Production X 00000 RESERVED ppppp Engine Test Cells/Stands X QQQQQ Friction Materials Manufacturing Facilities X RRRRR Taconite Iron Ore Processing X 

## sssss Refractory Products Manufacturing X TTITT Primary Magnesium Refining X 

## uuuuu Coal- and Oil-Fired Electric Utility Steam Generating Units X 

### vvvvv RESERVED 

## wwwww Area Sources: Hospital Ethylene Oxide Sterilizers 

### xxxxx RESERVED yyyyy Area Sources: Electric Arc Furnace Steelmaking facilities X 

## zzzzz Area Sources: Iron and Steel Foundries X AAAAAA RESERVED 

### A-4Part 63

- Subparts:j: Delegated

BBBBBB Area Sources: Gasoline Distribution Bulk Terminals , Bulk Plants, and Pipeline X facilities 

## cccccc Area Sources: Gasoline Dispensing Facilities DDDDDD Area Sources : Polyvinyl Chloride and Copolymers Production X 

### EEEEEE Area Sources: Primary Copper Smelting X FFFFFF Area Sources: Secondary Copper Smelting X GGGGGG Area Sources: Primary Nonferrous Metal -Zinc , Cadmium, and Beryllium X HHHHHH Area Sources: Paint Stripping and Misc

. Surface Coating Operation at IIIIII RESERVED JJJJJJ Area Sources: Industrial, Commercial and Institutional Boilers

- and Process Heaters X 

### KKKKKK RESERVED LLLLLL Ares Sources: Acrylic and Modacrylic Fibers Production X MMMMMM Area Sources: Carbon Black Production X NNNNNN Area Sources : Chemical Manufacturing- Chromium Compounds X 000000 Area Sources: Flexible Polyurethane Foam Production and Fabrication X pppppp Area Sources: Lead Acid Battery Manufacturing X 

### QQQQQQ Area Sources: Wood Preserving X RRRRRR Area Sources: Clay Ceramics Manufacturing X 

## ssssss Area Sources: Glass Manufacturing X II II IT Area Sources : Secondary Nonferrous Metal Process X 

### uuuuuu RESERVED 

### vvvvvv Area Sources: Chemical Manufacturing X 

## wwwwww Area Sources: Plating and Polishing Operations 

### xxxxxx Area Sources : Nine Metal Fabrication and Finishing Source Categories yyyyyy Area Sources: Ferroalloys Production Facilities 

## zzzzzz Area Sources : Aluminum, Copper, and Other Nonferrous Foundries AAAAAAA Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing X BBBBBBB Area Sources: Chemical Preparations Industry X 

## ccccccc Area Sources: Paints and Allied Products Manufacturing X DDDDDDD Area Sources : Prepared Feeds Manufacturing X 

### EEEEEEE Area Sources: Gold Mine Ore Processing and Production X HHHHHHH Polyvinyl Chloride and Copolymers Production X



### A-5