MDE 

MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard -Baltimore MD 21230 

41 0-537-3000 - 1-800-633-6101 

-o~----~------------------- Martin O'Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

Mr. Shawn M. Garvin 

Regional Administrator (3RAOO) 

U.S. Environmental Protection Agency 

Region III 

1650 Arch Street 

Philadelphia PA 19103-2029 

Dear Mr. Garvin: 

""., .. 

Robert M. Summers, Ph.D. 

Secretary 

The purpose of this letter is to submit the enclosed State Implementation Plan (SIP) Revision 

# 11-01 concerning amendments adopted to clarify requirements for electric generating stations. 

The SIP Revision includes the following material: 

(1) Maryland Department of the Environment (MDE) regulations: 

(a) the full text of Regulations .09 and .10 under COMAR 26.11.02 Permits, 

Approvals, and Registration; and 

(b) the 2009 amendments that clarify permit 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 (PSG) before commencing construction. The Notice of 

Proposed Action for these amendments was published in the Maryland Register on 

August 14, 2009. A public hearing was held on September 16,2009. The 

amendments were adopted on October 16, 2009. The Notice of Final Action was 

published on November 6, 2009 and the amendments became effective on 

November 16,2009. All administrative procedures were properly followed 

throughout the adoption process. 

(2) Maryland Public Service Commission (PSC) regulations/amendments and other 

related documents. 

(a) the full text of Regulations .01, .02, .06, and .07 under COMAR 20.79.01 

General as well as the 2009 amendments to these regulations which added 

definitions and clarified that modifications to power plants are subject to the Federal 

Clean Air Act. The Notice of Proposed Action for these amendments was published 

in the Maryland Register on September 11, 2009. A scheduled open "rule making" 

meeting on this action was held on July 23, 2009, notice of which was given under 

State Government Article, §10-506, Annotated Code of Maryland. The proposed 

action was adopted on November 5, 2009. The Notice of Final Action was published 

on December 18, 2009 and the action became effective on December 28, 2009. All 

administrative procedures were properly followed throughout the adoption process. 

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Mr. Shawn M. Garvin 

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(b) the portions of §§ 7-205,7-207,7-207.1 and 7-208 of the Public Utility 

Companies Article of the Annotated Code of Maryland which provided the authority 

for the PSC amendments; and 

(c) Chapter 02 Administrative Provisions and Chapter 03 Details of Filing 

Requirements - Generating Stations under COMAR 20.79 Applications concerning 

the Construction or Modification of Generating Stations and Overhead Transmission 

Lines; 

(d) the PSC letter to MDE dated January 25, 2011 that describes the PSC 

process for making completeness determinations for applications for new and 

modified electric generating stations. 

MDE provided 30 days notice of the public hearing held on April 13, 2011 to obtain comments 

on MDE's proposal to submit all of the documents listed above to EPA for approval as part of 

Maryland's SIP. No comments were received regarding this proposal. 

Maryland understands that this SIP Revision along with previously approved SIP Revisions 

relating to its federally enforceable PSD program support a finding that Maryland has met its 

statutory obligations pursuant to CAA 110(a)(2) which relate to CAA Subchapter I, Part C 

requirements, including, but not limited to, relevant portions of Sections 110(a)(2)(C), (D)(i)(II) 

and (J). 

If you have any questions concerning this SIP submittal, 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, 

Robert M. Summers, Ph.D. 

Secretary 

RMS:dhr 

Enclosure 

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