Information Regarding an Air Quality Permit Application

Submitted by US Wind, Inc.

Background

The Maryland Department of the Environment, Air and Radiation Administration (ARA) received an air quality permit application from US Wind, Inc. on November 30, 2023 (electronically), and hardcopies received on December 7, 2023 for the construction and operation of the Maryland Offshore Wind Project (the Project) consisting of up to 121 wind turbine generators (WTG), up to four (4) offshore substations (OSS), and one (1) meteorological tower (Met Tower). The proposed project will be located approximately 10 nautical miles (NM) off the coast of Worcester County, Maryland on the outer continental shelf (OCS).

The application consists of an air quality permit-to-construct application, an application for a New Source Review (NSR) Approval, and an application for a Prevention of Significant Deterioration (PSD) Approval. In accordance with COMAR 26.11.02.11A(1)(b), expanded public participation is required for a permit to construct application subject to PSD requirements.

An informational meeting was held on June 13, 2024 so that citizens could discuss the application and the permit review process with the applicant and the Department.

A Public Hearing was held on January 9, 2025 to receive public comment on the Department’s tentative determination and draft permits and approvals. The public comment period on the application initially expired on January 13, 2025, but was extended until March 17, 2025 following public request for a one-time, 60-day extension.

The Department has reviewed the application and the comments received and has determined that the proposed construction and commissioning of the offshore wind project would not cause violations of any applicable air pollution control regulations. The Department has made a final determination to issue the permit-to-construct, the PSD Approval, and the NSR Approval, effective June 6, 2025.

Pursuant to Section 1-601 of the Environment Article, Annotated Code of Maryland, a final determination of the air quality permit-to-construct, the PSD Approval, and the NSR Approval issued by the Department is subject to judicial review at the request of any person that: (1) Meets the threshold standing requirements under federal law; and (2)(i) Is the applicant; or (ii) Participated in a public participation process through the submission of written or oral comments.

Any petition for judicial review must be filed pursuant to Section 1-605 of the Environment Article, Annotated Code of Maryland. The petition shall be filed by July 14, 2025 in the circuit court for the county where the application for the permit states that the proposed activity will occur and otherwise conform to the requirements of Title 1, Subtitle 6 of the Environment Article, Annotated Code of Maryland.

Note: A previous version of this webpage also described a separate permit appeals process through the U.S. EPA. The appeals process for this permit is through the State of Maryland only, and the language describing the U.S. EPA appeals process has been removed. The public notice linked below contains the correct appeals process and this notice was published in the Worcester County Times on June 5, 2025 and June 12, 2025.

Final Determination and Issued Permits and Approvals

• Notice of Final Determination
• Final Determination and Department Response to Comments​
• Public Hearing Transcript and Comments Received​
• Issued Air Quality Permit-to-Construct
• NSR Approval Fact Sheet and Issued NSR Approval
• PSD Approval Fact Sheet and Issued PSD Approval

US Wind Permit Application Documents

• US Wind Air Quality Permit Application (August 2023, revised November 2023)​​
• US Wind Air Quality Permit Application Addendum (January 2024)​
• US Wind Air Quality Permit Application Addendum (September 2024)​
• US Wind Air Quality Permit Application Addendum (November 2024)​​
• US Wind Class I AQRV Assessment Modeling Protocol (May 2024)
• US Wind Class I AQRV Assessment Modeling Report (July 2024)​​​

Endangered Species Act (ESA), Magnuson-Stevens Act (MSA), and Historic Preservation Documents

1. Maryland Offshore Wind Final Environmental Impact Statement, Volume I, BOEM 2024-024, Docket Number: BOEM 2024-0033​​
2. Appendix A, Required Environmental Permits and Consultations, Maryland Offshore Wind Final Environmental Impact Statement, Volume I, BOEM 2024-024,Docket Number: BOEM 2024-0033​
3. Appendix G, Mitigation and Monitoring, Maryland Offshore Wind Final Environmental Impact Statement, Volume I, BOEM 2024-024,Docket Number: BOEM 2024-0033​
   
4. Appendix J Finding of Adverse Effect for Section 106 Consultation and Attachment J-1, Maryland Offshore Wind Final Environmental Impact Statement, Volume I, BOEM 2024-024,Docket Number: BOEM 2024-0033​
5. BOEM and NFMS Record of Decision, Maryland Offshore Wind Project, Construction & Operations Plan, September 4, 2024​
6. Maryland Offshore Wind Project Biological Assessment, prepared by BOEM for Fish & Wildlife Service, December 2023​​
7. Fish & Wildlife Service Biological Opinion for the Maryland Offshore Wind Project, May 31, 2024​
8. National Marine Fisheries Service Biological Opinion for the Maryland Offshore Wind Project, June 18, 2024​
9. Maryland Offshore Wind Project Essential Fish Habitat Assessment, prepared by BOEM for National Marine Fisheries Service, March 2024​
10. Essential Fish Habitat Assessment, prepared by ESS Group for US Wind, Inc. November 2021​
11. Information to Support Essential Fish Habitat Assessment, prepared by TRC for US Wind, Inc., revised July 2023​
12. Letter from BOEM to EPA, Lead Agency Role for ESA, MSA, and NHPA for Atlantic Coast OCS Projects, September 24, 2018