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Aug. 6
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60
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JOURNAL OF PROCEEDINGS
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The Attorney General has advised me that the bill as
enacted raises substantial questions of interpretation and
application as to which activities related to the burning
of used oil are permitted and which activities are
prohibited. In addition, he has advised that provisions of
the bill which exempt certain burning from federal air
quality standards cannot be given effect because of the
supremacy clause of the United States Constitution. A copy
of the Opinion of the Attorney General is attached and
should be considered to be a part of this letter.
Unquestionably, the disposal of used oil by all methods
and the use of used oil as fuel requires regulatory
protection, and that provision of the bill is desirable. It
should be noted that the lead and sulfur emissions which
result in any burning of used oil are currently subject to
State and federal air quality laws and the Department of
Health and Mental Hygiene issues permits to persons using
used oil as fuel. Exempting certain uses of used oil from
State and federal air quality standards may undermine
existing regulatory protections and increase health risks to
those workers or members of the public exposed to such
burning.
In light of the uncertainty surrounding both its
interpretation and application and because violation of the
Maryland Used Oil Recycling Act is a criminal misdemeanor, I
have decided to veto House Bill 1277.
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Sincerely,
Harry Hughes
Governor
Read and ordered journalized.
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May 27, 1982
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Honorable Harry Hughes
Governor of Maryland
State House
Annapolis, Maryland 21401
Re: House Bill 1277
Dear Governor Hughes:
We have reviewed for constitutionality and legal
sufficiency House Bill 1277. The bill raises substantial
questions of interpretation and application that we wish to
call to your attention.
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