MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 

MDE 41o-s37-3ooo. 1-8oo-633-61o1 

Martin O'Malley Robert M. Summers, Ph.D. 

Governor Secretary 

Anthony G. Brown 

Lieutenant Governor 

January 8, 2014 

Kathleen Cox 

Associate Director, Permits & Air Toxics 

U.S. Environmental Protection Agency- Region III 

1650 Arch Street 

Philadelphia P A 19103 

Dear Kathleen: 

On January 8, 2014, Secretary Summers submitted a request for delegation of authority to 

implement Outer Continental Shelf (OCS) regulations and provided a regulation update for 

consistency with EPA OCS regulations relating to sources within 25 of the state's seaward 

boundary. This letter transmits a copy of that package to you along with a compact disc containing 

an official copy of the applicable MD regulations. 

Please let us know if you have any questions. 

Diane L. Franks, Manager 

Air Quality Planning Program 

cc: Diana Esher, EPA 

Cathleen VanOsten, EPA 

Karen Irons 

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MDE 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 

410-537-3000 • 1-800-633-6101 • www.mde.maryland.gov 

Martin O'Malley 

Govemor 

Anthony G. Brown 

Lieutenant Govemor 

Mr. Shawn M. Garvin 

Regional Administrator 

U.S. Environmental Protection Agency 

Region III 

1650 Arch Street (3RAOO) 

Philadelphia, PA 19103-2029 

Dear Mr. Garvin: 

Robert M. Summers, Ph.D. 

Secretary 

January 8, 2014 

The purpose of this letter is to formally request from the Environmental Protection Agency (EPA) 

delegation for the implementation, administration, and enforcement of Title 40 of the Code of Federal 

Regulations, Part 55 (Outer Continental Shelf Air Regulations). Maryland adopted this federal rule 

effective July 8, 2013. This letter describes the authority and mandate as well as outlines the statutory 

requirements for delegation. 

Statutory Mandate and Authority: 

The Federal Clean Air Act Amendments of 1990 (CAAA) requires that new and existing Outer 

Continental Shelf (OCS) sources within 25 miles of the state's seaward boundary must comply with 

the same air quality requirements as onshore sources. The CAAA authorizes EPA to delegate 

regulation of OCS sources within 25 miles of the state's seaward boundary to the agencies 

regulating onshore sources. 

Requirements for Delegation: 

The CAAA requires the Administrator to delegate his/her authority under the Act to the onshore 

agency if the regulations of the onshore agency are 11 adequate. II The OCS Rule sets forth requirements 

to determine if the regulations of the corresponding onshore area are "adequate. II Specifically, the 

requirements of 40 CFR Part 55.11 (b) and Maryland's description of compliance are as follows: 

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40 CFR Part 55.11 (b) The Administrator will delegate implementation and enforcement authority to a 

State if the State has an adjacent OCS source and the Administrator determines that the State's 

reguLations are adequate, including a demonstration by the State that the State has: 

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(1) Adopted the appropriate portions of this part into State law: 

Maryland adopted 40 CFR Part 55 by reference, effective July 8, 2013, as it appeared in the 

Maryland Register, Volume 40, Issue 13, page 1077 on June 28, 2013 (see attachment 

A). 

(2) Adequate authority under State law to implement and enforce the requirements of this 

part. A letter from the State Attomev General shall be required stating that the requesting 

agency has such authority: 

Maryland has attached a legal opinion which concludes that there are no constitutional 

provisions that would preclude Maryland's authority to enforce 40 CPR Part 55 (see 

attachment B). 

(3) Adequate resources to implement and enforce the requirem.ents ofthis part: and 

The implementing agency will be the Maryland Department of the Environment. The Air 

Quality Permits Program of the Air and Radiation Management Administration reviews 

and approves permit applications, participates in public hearings when applicable and 

writes air quality permits. The Air Quality Compliance Program inspects facilities, takes 

enforcement actions when permits and regulations are violated, and is assigned the specific 

responsibility to implement and enforce the OCS air regulations (see attachment C -

organizational chart). In addition, EPA has fully approved Maryland's operating permit 

program (68:01974, January 15,2003 (see attachment D). Therefore, Maryland has 

adequate resources to implement and enforce the OCS air regulations. 

(3) Adequate administrative procedures to implement and enforce the requirements o(this 

part, including public notice and comment procedures. 

Maryland has adequate administrative procedures, including notice and comment 

procedures, which are already in place as state laws or regulations. They include: 

a.) Annotated Code of Maryland, State Government Article, Title 10 Government 

Procedures, including: 

Subtitle 1, Administrative Procedures Act - Regulations 

Subtitle 2, Administrative Procedures Act- Contested Cases 

Subtitle 5, Meetings (Open Meetings Act) 

Subtitle 6, Records 

b.) Annotated Code of Maryland, Environment Article, Title 2 Ambient Air Quality 

Control, including: 

Subtitle 4, Permits and Registration 

Subtitle 6, Enforcement; Penalties 

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As described above and in the attached documents, Maryland has satisfied the criteria for delegation 

set forth in 40 CPR Part 55 .11. The requirements of the CAA Section 11 O(a)(2)A have been met 

through the normal public hearing process established by the State of Maryland with proper 

notification (30 days) prior the convening of the public hearing. A public hearing was held on May 7, 

2013 (see attachment E). Copies of affidavits as proof of proper notification are also attached. It is 

the position of the State of Maryland that all minimum requirements set forth in the 1990 Clean Air 

Act Amendments have been met. 

The Maryland Department of the Environment is submitting a list of applicable regulations for 

consistency, as required by 40 CFR Part 55.12(d). A disk of Code of Maryland Regulations 

(CO MAR) 26.11 Air Quality is attached (see attachment F) for incorporation of Maryland's 

applicable regulations by reference. The disk from the Division of State Documents contains the 

regulation text and adoption date. Maryland's applicable regulations for consistency incorporation are 

listed here: 

COMAR 26.11.01 

COMAR 26.11.02 

COMAR 26.11.03 

COMAR 26.11.05 

COMAR 26.11.06 

COMAR 26.11.07 

COMAR 26.11.08 

COMAR 26.11.09 

COMAR 26.11.13 

COMAR 26.11.15 

COMAR 26.11.16 

COMAR 26.11.17 

COMAR 26.11.19 

COMAR 26.11.20 

COMAR 26.11.26 

COMAR 26.11.28 

COMAR 26.11.33 

COMAR 26.11.35 

COMAR 26.11.36 

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General Administrative Provisions 

Permits, Approvals, and Registrations 

Permits, Approvals, and Registration- Title V Permits 

Air Pollution Episode System 

General Emission Standards, Prohibitions, and Restrictions 

Open Fires 

Control of Incinerators 

Control of Fuel-Burning Equipment, Stationary Internal Combustion 

Engines and Certain Fuel-Burning Installations 

Control of Gasoline and Volatile Organic Compound Storage and 

Handling 

Toxic Air Pollutants 

Procedures Related to Requirements for Toxic Air Pollutants 

Nonattainment Provisions for Major New Sources and Major 

Modifications 

Volatile Organic Compounds from Specific Processes 

Mobile Sources 

Conformity 

Clean Air Interstate Rule 

Architectural Coatings 

Volatile Organic Compounds from Adhesives and Sealants 

Distributed Generation 

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We would appreciate being notified upon delegation of authority to Maryland to regulate OCS 

sources. If you have any questions concerning this request for delegation, please feel free to call me at 

410-537-3084 or Mr. George (Tad) S. Aburn, Jr., Director of the Air and Radiation Management 

Administration, at 410-537-3255. 

Sincerely, #/.M ) ___ _ 

RobertM. Summers, Ph.D. 

Secretary 

Attachment 

cc: Diana Esher, U.S. EPA, Region III 

Amy Caprio, U.S. EPA, Region III 

George (Tad) Aburn, MDE 

Karen Irons, MDE 

Diane Franks, MDE 

Roberta James, OAG 

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