Department of the Environment 

Purpose of Amendments 

TECHNICAL SUPPORT DOCUMENT 

Amendments to COMAR 26.11.02.09 and .10 to 

Clarify Requirements related to 

Permits to Construct and Approvals for 

Electric Generating Units 

The purpose of this action is to clarify penn it to construct and approval requirements 

for electric generating stations that are not required to receive a Certificate of Public 

Convenience and Necessity (CPCN) from the Maryland Public Service Commission 

(PSC) before commencing construction. 

Background 

Nearly all sources of air pollution are required to receive a pennit to construct before 

constructing or modifying the source. Electric generating stations, however, are generally exempt 

from the requirement to obtain a penn it to construct or approval from the Department. Rather, 

electric generating stations are required to obtain a CPCN from the PSC. Under the current 

Public Utility Companies Article, all of the air quality provisions that would otherwise be 

incorporated into a pennit to construct or approval issued by MDE must be contained in a CPCN 

issued by the PSC. 

Electric generating stations that are not required to obtain a CPCN from the PSC for any reason 

remain subject to the Department's preconstruct ion pennitting requirements, as provided in § 2-

402(3) of the Environment Article. Regulations implementing § 2-402(3) in Code of Maryland 

Regulations 26.11.02.09 and .10 currently exempt from the Department's penn it requirements 

electric generating stations constructed by electric companies, regardless of whether the electric 

generating station is required to obtain a CPCN. These regulations are out-of-date and not 

consistent with the statutory provision insofar as they do not purport to preserve the 

Department's pennitting authority for electric generating stations that are not required to obtain a 

CPCN. The Department would retain pennitting authority, for example, where the Public Utility 

Companies Article provides an exemption of the requirement that a generating station obtain a 

CPCN. (See, e.g., Maryland Code, Public Utilities Article § 7-207(b)(I)(ii» . The proposed 

revisions to the regulations correct this inconsistency. 

Sources Affected 

Pennit and approval requirements apply to all electric generating stations that propose to 

construct a new facility or modify an existing facility. 

1 
Requirements 

These amendments correct an inconsistency between the Department's statutory authority and its 

implementing regulations and clarify the applicability of the Department's preconstruction 

permitting requirements to electric generating stations that are not required to obtain a CPCN 

from the Public Service Commission. 

Economic Impact on Affected Sources and the Department 

These amendments do not establish any new requirement or new emissions standards but clarify 

existing requirements that apply to electric generating stations. There is no economic impact on 

affected sources or the Department. 

Economic Impact on Small Businesses 

The affected sources do not fit the definition of "small business". 

Comparison to Federal Standards 

There is no corresponding federal standard to this proposed action. 

Revision to Maryland's SIP 

These amendments will be submitted to EPA for approval as part of Maryland's State 

Implementation Plan. 

DRAFT 2 8/13/2009 1 :29 PM • 
The following letter from the 

Maryland Public Service Commission (PSC) to 

the Department of the Environment provides the 

technical support for the PSC amendments by 

describing the procedures used by the PSC to 

ensure that permit applications from electric 

generating units undergo a completeness 

determination and meaningful 

public comment process. 
COMMISSIONERS 

DOUGLAS II. M. NAZARIAN CHAIRMAN 

STATE OF MARYLAND 

AROLD D. WILLIAMS 

SUSANNE BROGAN 

LAWRENCE BRENNER 

THERESE M. GOLDSMITH 

PUBLIC SERVICE COMMISSION 

The Honorable Robert M. Summers 

Acting Secretary 

January 25, 2011 

Maryland Department of the Environment 

Montgomery Park Business Center 

1800 Washington Boulevard 

Baltimore, Maryland 21230 

Dear Secretary Summers: 

Confirming the discussion with representatives of the Environmental Protection 

Agency Region III (EPA), and members of your staff and the Power Plant Research 

Program (PPRP) on February 19,2011, the Maryland Public Service Commission (PSC) 

supports your efforts to obtain EPA approval of the Maryland State Implementation Plan. 

In response to the need to obtain a completeness determination for CertifIcate of 

Public Convenience and Necessity (CPCN) applications as required by 40 CFR § 124.3, 

the parties should raise this issue with the PSC Hearing Examiner at the Prehearing 

Scheduling Conference. The Hearing Examiner will hear argument and make a 

determination, either ordering the incomplete application be supplemented prior to the 

hearing or making a finding on the record that the application is complete. 

Concerning the necessity for time to allow for response to public comments, the 

parties should likewis~ raise this issue with the Hearing Examiner at the Prehearing 

Scheduling Conference so that adequate time will be allowed in the Scheduling Order. In 

addition, to the extent this has not been accomplished by the time a Proposed Order is 

issued by the Hearing Examiner, this should be brought to the Commission's attention 

before the Proposed Order becomes Final. 

Please feel free to include this letter in the Department's resubmission to EPA of 

the Maryland State Implementation Plan. If I can be of further assistance, please feel free 

to contact me. 

Sincerely, 

1~~~. H. Robert Erwin, Jr. I 

General Counsel 

WILLIAM DONALD SCHAEFER TOWER • 6 ST. PAUL STREET. BALTIMORE, MARYLAND 21202-6806 

410-767·8000 • Toll Free: 1·800492.0474 • FAX: 4/0-333-6495 

MDRS: 1·800-735·2258 (TTYNoicc) • Website: www.psc.s\alc.mclus