In a recent letter to state regulators, the EPA challenged the validity of a state permit for Maryland’s only offshore wind project. 

In a recent letter from EPA Region 3 Administrator Amy Van Blarcom-Lackey, agency officials notified Maryland regulators that certain provisions within the permit for the Maryland Offshore Wind Project, being developed by U.S. Wind, Inc. (US Wind), were invalid and needed to be amended before the project could proceed. In order for the project to move forward, EPA officials said the Maryland Department of Environment would need to reissue the permit with a number of corrections.

According to the letter from EPA,

To remedy this issue, and to satisfy the requirements in 40 CFR § 55.6 and § 124.19, Maryland must reissue the final permit decision for US Wind to:

1. Clarify that Maryland issued the permit under federal authority pursuant to 40 CFR Part 55;

2. Remove erroneous text regarding the Maryland appeal process (including reference to the state process on the website);

3. Include the following text as part of the final permit decision: “The final determination may be appealed through the process set forth at 40 CFR § 124.19 for appeals of PSD permits, by filing a petition for review with the Clerk of the United States Environmental Protection Agency’s Environmental Appeals Board within the time prescribed in paragraph 124.19(a)(3).”;

and 4. Identify, in accordance with 40 CFR § 124.15 requirements, the deadline to file a petition for review as within 30 days after MDE serves notice of the reissuance as req

The Maryland Offshore Wind Project has been enveloped in controversy almost since its inception, primarily driven by opposition from neighboring communities in Delaware and Maryland. The latest move by the federal government is a possible step back as the project seemingly received all necessary approvals last month.

Read the full story. 

Read the letter from EPA.

At the 2025 MACo Summer Conference general session, “Powering Maryland: What’s Next for the State’s Energy Future?” panelists will break down the outcomes of the 2025 General Assembly Session and explore what counties need to know as Maryland charts its energy future.