UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION Ill 1650 Arch street Philadelphia, Pennsylvania 19103-2029 

### APR 042014 The Honorable Robert M. Summers, Secretary Maryland Department ofthe Environment 1800 Washington Boulevard Baltimore, Maryland 21230

# ~Bu---b- Dear Secretary- Summers:



## ... Thank you for your January 8, 2014letter to the U.S. Environmental Protection Agency (EPA) requesting formal delegation ofauthority for the implementation, administration, and enforcement ofthe requirements ofthe Outer Continental Shelf(OCS) regulations within 25 miles ofMaryland's seaward boundary. In response, EPA intends to grant the Maryland Department ofthe Environment (MDE) formal c;lel

_ egation ofauthority to implement and enforce OCS Regulations, pursuant to section 328(a)(3) ofthe Clean Air Act. As established in the Code ofFederal Regulations, Title 40, Part 55 (40 CFRPart 55), EPA will delegate implementation and enforcement authority to a state ifthe state has an adjacent OCS source, and EPA determines that the state's regulations are adequate. EPA has determined that delegation to a state shall be immediately effective upon EPA's receipt ofa notice ofintent (NOI) to construct an OCS source to be adjacent to that state. The delegation will include the authority for the following sections of40 CFRPart 55, as exists onJuly 1, 2013:

• 55.1 Statutory authority and scope. • 55.2 Definitions. " 55.3 Applicability. • 55.4 Requirements to submit a notice ofintent. • 55.6 Permit requirements. • 55.7 Exemptions. • 55.8 Monitoring, reporting, inspections, and compliance. • 55.9 Enforcement. • 55.10 Fees. • 55.13 Federal requirements that apply to OCS sources. • 55.14 Requirements that apply to OCS sources located within 25 miles ofStates' seaward boundaries, by State. • 55.15 Specific designation ofcorresponding onshore areas.


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n**~~** Printedon 100% recycled/recyclablepaper with 100%post-consumer fiber andprocess chlorine free. Customer ServiceHotline: 1-800-438-2474• Appendix A to Part 55-Listing ofState and Local Requirements Incorporated by Reference Into Part 55, by State. EPA is not delegating the authority to implement and enforce 40 CFRPart 55.5 (Corresponding onshore area designation), 55.11 (Delegation), and 55.12 (Consistency updates), as authority for these sections is reserved for the Administrator. As stated in 40 CFRPart 55.11(b), EPA shall delegate implementation and enforcement authority ifit is determined that the State's regulations are adequate, including a demonstration by the state that the state has: (1) Adopted the appropriate portions of40 CFR Part 55 into state law; (2) Submitted a letter from the State Attorney General confirming that Maryland has adequate authority under the state law to implement and enforce the relevant portions of40 CFR Part 55; (3) Adequate resources to implement and enforce the requirements of40 CFRPart 55; and (4) Adequate administrative procedures to implement and enforce the requirements of this part, including public notice and comment procedures. EPA has reviewed MDE's delegation request and concludes that it meets the requirements for delegation. Therefore, delegation will be effective onthe date EPA receives a NOI ofconstructing an OCS source adjacent to Maryland. Onthis date, MDE will automatically be authorized to implement, administer, and enforce the sections of40 CFRPart 55 iisted above for the OCS sources in which Maryland will be the corresponding onshore area. I appreciate MDE's efforts to implement the OCS regulations and look forward to working with you to foster the growth ofalternative energy projects in Maryland. Ifyou have any questions, please do not hesitate to contact me or have your staffcontact Ms. Linda Miller, Maryland Liaison, at 215-814-2068. Sincerely, If

## I J I 

## c_,..,,**~j"f'\:::-....** ;J(, 

### X**f~** " :/ ShawnM. Garvin Regional Administrator



# 0 Printed on 100% recycled/recyclablepaper with 100%post-consumer fiber andprocess chlorine free. Customer Service Hotline: 1-800-438-2474