AMENDMENT TO DELEGATION AGREEMENT NO EV12-0057.PDF

Amendment to Delegation Agreement No. EV12-0057
Between the
Arizona Department of Environmental Quality
and
Maricopa County
Whereas, the Arizona Department of Environmental Quality (ADEQ) and Maricopa County wish
to amend Delegation Agreement # EV12-0057 (the “Agreement”) to add an Appendix C relating to air
quality permitting to the Agreement.
Whereas, the Maricopa County Air Quality Department (MCAQD) is the “control officer”
authorized to enforce air pollution regulations in Maricopa County under A.R.S. Title 49, Chapter 3,
Article 3 and is the appropriate local agency to accept delegation of ADEQ’s air quality permitting
authority.
Therefore, pursuant to section L(1) of the Agreement, A.R.S. §§ 11-201(A)(3), 49-107 and
A.R.S. § 41-1081, the undersigned parties agree to amend the Agreement to add MCAQD as a party and
to include in the agreement the following Appendix C relating to air quality permitting. For purposes of
Appendix C, MCAQD is the LA.
This amendment shall terminate on the effective date of the approval by the United States
Environmental Protection Agency (EPA) of the April 22, 2016 Maricopa County New Source Review
SIP Revision.
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Appendix C
To Delegation Agreement No. EV12-0057
Maricopa 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 Intel Ocotillo Campus (“Intel”).
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 of 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.
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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 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 Intel shall be processed according to A.A.C. Title 18,
Chapter 2, Article 4, as applicable.
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. Intel 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. Intel 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 Intel, the LA shall obtain ADEQ’s approval
of the action.
8. Unannounced inspections shall be conducted in accordance with an EPA-approved
Compliance Monitoring Strategy (CMS Plan).
9. 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.
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E. REPORTING REQUIREMENTS:
1. The LA shall file an annual report with the ADEQ AQD Director specifying the
following for Intel:
a. Number of permits issued, including the date of receipt of the application and
the date of permit issuance;
b. Number of notices of violation and the percent of notices handled in a manner
consistent with ADEQ compliance and enforcement policy;
c. Number of inspections;
d. Number of complaints received and the percent of complaints receiving initial
follow-up within 5 working days;
e. Number of escalated enforcement cases; and
f. 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: Philip McNeely
Title: Director
Agency: Maricopa County Air Quality Department
Address: 1001 North Central Avenue
Phoenix, AZ 85004
Phone: (602) 506-6443
Fax: (602) 372-0587
E-Mail: PhilMcneely@mail.maricopa.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.
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Name: Timothy Franquist
Title: Director, Air Quality Division
Agency: Arizona Department of Environmental Quality
Address: 1110 W. Washington Street
Phoenix, Arizona 85007
Phone: (602) 771-4684
Fax: (602) 771-2366
E-mail: tsf@azdeq.gov
The naming of successor to either of the above-named individuals shall not require the execution of
an amendment to this Agreement.
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Signature Page for
Maricopa County
Amendment to Delegation Agreement No. EV12-0057
Maricopa County Arizona Department of
Environmental Services Department Environmental Quality
_______________________________ ___________________________________
Steven J. Goode Date Misael Cabrera Date
Director Director
Maricopa County
Air Quality Department
_______________________________
Philip A. McNeely Date
Director
Duly approved by the Maricopa County Board of Supervisors on the day of
20 , in accordance with its authority.
Maricopa County Board of Supervisors
_______________________________
Denny Barney Date
Chair
Attest:
_____________________________
Clerk of the Board Date
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Pursuant to A.R.S. §§ 11-925(A), 11-201(A)(3), 49-107 and 41-1081, the foregoing
Agreement has been reviewed by the undersigned attorneys for the Maricopa County
Environmental Services Department 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.
_______________________________ __________________________________________
County Attorney Date Arizona Assistant Attorney General Date
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