Washington, D.C. – Congressman Andy Harris responded Friday to the U.S. Environmental Protection Agency’s (EPA) directive that the Maryland Department of the Environment (MDE) must reissue its final permit decision for the U.S. Wind offshore wind project near Ocean City. The EPA flagged multiple legal errors in MDE’s approval, particularly the incorrect information regarding the appeals process for the permit. In a letter to MDE Secretary Serena McIlwain, the EPA stated that the approval of the U.S. Wind permit contained misleading details about the public’s right to appeal under federal law.
Specifically, the notice issued by MDE referred to the wrong appeals process, directing the public to Maryland’s state court system, which is not applicable under federal regulations. As a result, the EPA is requiring MDE to reissue the permit following the correct procedures under federal law. Failure to make these corrections could lead to the invalidation of the permit.
Congressman Harris, in his statement, expressed strong support for the EPA’s decision, calling it a victory for local communities. “The EPA has confirmed what many of us knew — this project was approved with glaring procedural and legal flaws,” Harris said. “The public deserves a proper appeals process, and for too long, my constituents in Worcester County have been clear: they do not want offshore wind off their coast.” The EPA’s letter also outlined the steps MDE must take to comply, including removing erroneous references to the state appeals process and clarifying the federal appeal procedures outlined in 40 CFR Part 55. The revised permit will need to indicate that the decision is subject to federal review under 40 CFR § 124.19 and must clarify the 30-day deadline for filing appeals.
