UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION Ill 

1650 Arch street 

Philadelphia, Pennsylvania 19103-2029 

APR 0 4 2014 

The Honorable Robert M. Summers, Secretary 

Maryland Department of the 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 of authority for the implementation, administration, and 

enforcement of the requirements of the 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 of authority to implement and enforce 

OCS Regulations, pursuant to section 328(a)(3) of the Clean Air Act. As established in the Code 

of Federal Regulations, Title 40, Part 55 (40 CFR Part 55), EPA will delegate implementation 

and enforcement authority to a state if the 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 of a notice of intent (NOI) to construct an OCS source 

to be adjacent to that state. 

The delegation will include the authority for the following sections of 40 CFR Part 55, as 

exists on July 1, 2013: 

• 55.1 Statutory authority and scope. 

• 55.2 Definitions. 

" 55.3 Applicability. 

• 55.4 Requirements to submit a notice of intent. 

• 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 of States' 

seaward boundaries, by State. 

• 55.15 Specific designation of corresponding onshore areas . .. ' 

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• Appendix A to Part 55-Listing of State and Local Requirements Incorporated by 

Reference Into Part 55, by State. 

EPA is not delegating the authority to implement and enforce 40 CFR Part 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 CFR Part 

55.11 (b), EPA shall delegate implementation and enforcement authority if it is determined that 

the State's regulations are adequate, including a demonstration by the state that the state has: 

(1) Adopted the appropriate portions of 40 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 

of 40 CFR Part 55; 

(3) Adequate resources to implement and enforce the requirements of 40 CFR Part 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 on the date EPA receives a 

NOI of constructing an OCS source adjacent to Maryland. On this date, MDE will automatically 

be authorized to implement, administer, and enforce the sections of 40 CFR Part 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 of alternative energy projects in Maryland. If you have 

any questions, please do not hesitate to contact me or have your staff contact Ms. Linda Miller, 

Maryland Liaison, at 215-814-2068. 

Sincerely, 

If I J I c_,..,, ~j"f'\:::-.... ;J(, X f~ 

" :/ Shawn M. Garvin 

Regional Administrator 

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