## 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 PhiladelphiaPA 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 ofthe applicable MD regulations.
Please let us know ifyou have any questions.

Diane L. Franks, Manager Air Quality Planning Program

cc: Diana Esher, EPA Cathleen VanOsten, EPA Karen Irons**~** Recycled Paper www. mde.state.md.us ITY Users 1-800-735-2258 Via Maryland Relay Service

# 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
DearMr. Garvin: Robert M. Summers, Ph.D. Secretary

January 8, 2014

Thepurpose ofthis letter is to formally request from the Environmental Protection Agency (EPA) delegation for the implementation, administration, and enforcement ofTitle 40 ofthe Code ofFederal Regulations, Part 55 (Outer Continental ShelfAir 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:
TheFederal Clean Air Act Amendments of 1990 (CAAA) requires that new and existing Outer Continental Shelf(OCS) sources within 25 miles ofthe state's seaward boundary must comply with the same air quality requirements as onshore sources. The CAAA authorizes EPA to delegate regulation ofOCS sources within 25 miles ofthe state's seawardboundary 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 ifthe regulations ofthe onshore agency are 11adequate. II The OCS Rule sets forth requirements to determine ifthe regulations ofthe corresponding onshore area are "adequate. II Specifically, the requirements of40 CFRPart 55.11(b) and Maryland's description ofcompliance are as follows:

## ~ Recycled Paper www.mde.maryland.gov TTY Users l-800-735-2258 Via Maryland Relay ServiceMr. Shawn M. Garvin Page2

40 CFR Part 55.11 (b) The Administratorwill delegate implementation and enforcement authority to a State if the State has an adjacent OCS source and theAdministrator determines that the State's reguLations are adequate, including a demonstration by the State that the State has:

## ~ Recycled Paper(1) Adopted the appropriateportions ofthis 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 1077on June 28, 2013 

### (see attachment A). (2) Adequate authority under State law to implement and enforce the requirements of this part. A letterfrom the StateAttomev General shall be requiredstating that the requesting agency has such authority: Maryland has attached a legal opinion which concludes that there are no constitutional provisions that would precludeMaryland's authority to enforce 40 CPR Part 55 

### (see attachmentB)

. (3) Adequate resources to implement and enforce the requirem

.ents ofthispart: and The implementing agency will be the Maryland Department ofthe Environment. The Air Quality Permits Program ofthe Air and Radiation Management Administration reviews and approves permit applications, participates inpublic 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 attachmentD). Therefore, Maryland has adequate resources to implement and enforce the OCS air regulations. (3) Adequate administrativeprocedures to implement andenforce the requirements o(this part, includingpublic notice and commentprocedures. Maryland has adequate administrative procedures, including notice and comment procedures, which are already in place as state laws orregulations. 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

www.mde.maryland.gov TIY Users 1-800-735-2258 Via Maryland Relay ServiceMr. Shawn M. Garvin Page3

As described above and in the attached documents, Maryland has satisfied the criteriafor delegation set forth in 40 CPR Part

### 55.11. The requirements ofthe CAA Section 11O(a)(2)A have been met through the normal public hearing process established by the State ofMaryland with proper notification (30 days) prior the convening ofthe public hearing. A public hearing was held on May 7, 2013 (see attachment E). Copies ofaffidavits as proofofproper notification are also attached. It is the position ofthe State ofMaryland that all minimum requirements set forth in the 1990 Clean Air Act Amendments have been met.
The Maryland Department ofthe Environmentis submitting a list ofapplicable regulations for consistency, as required by40 CFR Part 55.12(d). A disk ofCode ofMaryland Regulations (COMAR) 26.11 Air Quality is attached (see attachment F) for incorporation ofMaryland's applicable regulations byreference. The disk from the Division ofState 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

## ~ Recycled Paper General Administrative Provisions Permits, Approvals, and Registrations Permits, Approvals, and Registration- Title V Permits AirPollution Episode System General Emission Standards, Prohibitions, and Restrictions Open Fires Control ofIncinerators Control ofFuel-Burning Equipment, Stationary Internal Combustion Engines and Certain Fuel-Burning Installations Control ofGasoline and Volatile Organic Compound Storage and Handling Toxic AirPollutants Procedures Related to Requirements for Toxic Air Pollutants NonattainmentProvisions for MajorNew 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

www.mde.maryland.gov TIY Users 1-800-735-2258 Via Maryland Relay ServiceMr. Shawn M. Garvin Page4

We would appreciate being notified upon delegation ofauthority to Maryland to regulate OCS sources. Ifyou have any questions concerning this requestfor delegation, please feel free to call me at 410-537-3084 or Mr. George (Tad) S. Aburn, Jr., Director ofthe Air and Radiation Management Administration, at410-537-3255. Sincerely, 

# #/.M )

___ _ RobertM. Summers, Ph.D

. Secretary
Attachment

cc: DianaEsher, 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

## ~ Recycled Paper www.mde.maryland.gov 'ITY Users 1-800-735-2258 ViaMaryland Relay Service