# MDE MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800Washington Boulevard -Baltimore MD 21230 410-537-3000

- 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 1650Arch Street Philadelphia PA 19103-2029 Dear Mr. Garvin: 

# "".,

# .. Robert M. Summers, Ph.D. Secretary

The purpose ofthis letter is to submitthe 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 ofthe Environment (MDE) regulations: (a) the full text of Regulations .09 and .10 underCOMAR 26.11.02 Permits, Approvals, and Registration; and (b) the 2009 amendments that clarify permitto construct and approval requirements forelectric 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 forthese 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 November6, 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 subjectto the Federal Clean AirAct. The Notice of Proposed Action forthese amendments was published in the Maryland Registeron September 11, 2009. A scheduled open "rule making" meeting on this action was held on July 23, 2009, notice ofwhich was given under State GovernmentArticle, §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 December28, 2009

. All administrative procedures were properlyfollowed throughoutthe adoption process.

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.md.us TTY Users 1-800-735-2258 Via Maryland Relay ServiceMr. Shawn M. Garvin Page 2
(b) the portions of

### §§ 7-205,7-207,7-207.1 and 7-208 ofthe Public Utility Companies Article oftheAnnotated Code of Maryland which provided the authority forthe PSC amendments; and (c) Chapter02 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 letterto MDE dated January 25, 2011 that describes the PSC process for making completeness determinationsfor applications for newand modified electric generating stations

. MDE provided 30 days notice ofthe public hearing held on April 13, 2011 to obtain comments on MDE's proposal to submit all ofthe documents listed above to EPAfor approval as part of Maryland's SIP. No comments were received regarding this proposal. Maryland understands thatthis 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 pursuantto CAA 110(a)(2)which relate to CAA Subchapter I, Part C requirements, including, but not limited to, relevant portions ofSections 110(a)(2)(C), (D)(i)(II) and (J). Ifyou 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 oftheAir and Radiation Management Administration, at (410) 537-3255. Sincerely,

Robert M. Summers, Ph.D. Secretary RMS:dhr Enclosure

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