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3148
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Ch. 778
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LAWS OF MARYLAND
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AND OFF THE COAST OF THE UNITED STATES AND WHICH ARE USED
OR INTENDED FOR USE AS A PORT OR TERMINAL FOR THE LOADING
OR UNLOADING AND FURTHER HANDLING OF HYDROCARBONS AND
THEIR PRODUCTS FOR TRANSPORTATION TO ANY STATE, EXCEPT AS
OTHERWISE PROVIDED IN SECTION 23 OF THE FEDERAL ACT. A
DEEPWATER PORT IS A "NEW SOURCE" FOR PURPOSES OF THE
FEDERAL CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION
CONTROL ACT.
(F) "FEDERAL ACT" MEANS THE FEDERAL DEEPWATER PORT
ACT OF 1974.
(G) "FEDERAL SECRETARY" MEANS THE SECRETARY OF THE
UNITED STATES DEPARTMENT OF TRANSPORTATION.
(H) "MARINE ENVIRONMENT" MEANS THE COASTAL
ENVIRONMENT, STATE WATERS OF THE CONTIGUOUS ZONE, AND
STATE WATERS OF THE HIGH SEAS; THE FISH, WILDLIFE, AND
OTHER LIVING RESOURCES OF THE WATERS; AND THE
RECREATIONAL AND SCENIC VALUES OF THE WATERS AND
RESOURCES.
(I) "HYDROCARBON" MEANS PETROLEUM, CRUDE OIL, ANY
SUBSTANCE REFINED FROM PETROLEUM OR CRUDE OIL AND NATURAL
GAS.
3-603. RESTRICTION ON STATE APPLICANTS.
THE GOVERNOR, A STATE AGENCY OR OFFICIAL MAY NOT
REPRESENT THE STATE, INDIVIDUALLY OR BY JOINT AGREEMENTS
AND COMPACTS, AS AN APPLICANT UNDER THE FEDERAL ACT
WITHOUT EXPRESS AUTHORIZATION UNDER STATE LAW.
3-604. DUTIES OF THE SECRETARY OF NATURAL RESOURCES.
IN ORDER TO CARRY OUT THE POLICY OF THIS SUBTITLE,
THE SECRETARY OF NATURAL RESOURCES SHALL:
(A) ON HIS OR THE GOVERNOR'S DETERMINATION THAT
THE STATE'S INTEREST SHOULD BE CONSIDERED IN AN
APPLICATION PROCEEDING UNDER THE FEDERAL ACT, REQUEST THE
FEDERAL SECRETARY TO DESIGNATE THE STATE OF MARYLAND AS
AN "ADJACENT COASTAL STATE". THE REQUEST SHALL BE
COMMUNICATED ONLY WITH THE APPROVAL OF THE GOVERNOR AND
SHALL INCLUDE EVIDENCE TO SUPPORT THE CONCLUSION THAT
THERE IS A RISK OF DAMAGE TO THE COASTAL ENVIRONMENT OF
THE STATE EQUAL TO OR GREATER THAN THE RISK POSED TO A
STATE DIRECTLY CONNECTED BY PIPELINE TO THE PROPOSED
DEEPWATER PORT. A REQUEST SHALL BE COMMUNICATED IN
ACCORDANCE WITH SECTION 9 (A)(2) OF THE FEDERAL ACT;
(B) DETERMINE AND COLLECT REIMBURSEMENT FOR THOSE
COSTS TO THE STATE ASSOCIATED WITH THE PROCESSING OF AN
APPLICATION FOR WHICH THE APPLICANT IS RESPONSIBLE TO THE
STATE UNDER THE FEDERAL ACT;
(C) PRESENT THE VIEWS OF THE STATE TO THE FEDERAL
SECRETARY, OTHER THAN THOSE REQUIRED UNDER SUBSECTION
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