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HOUSE OF DELEGATES
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63
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1982
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to use used oil as a fuel even if, notwithstanding
subsection (f)(2), such use would violate State and federal
air quality standards. (Other persons presumably would be
allowed to use used oil as a fuel only if, as required by
subsection (f)(2), that use complied with air quality
standards.)
To the extent that the provisions of this bill purport
to exempt various air pollution sources from federal
requirements, those provisions could not be given effect
because of the Supremacy Clause of the United States
Constitution. Moreover, even though the General Assembly
has the power to exempt pollution sources from State
regulation, those State air quality regulations that have
been made a part of the State's air quality implementation
plan will continue to be enforceable at the federal level
until the processes of revising that plan can be completed.
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Sincerely,
Stephen H. Sachs
Attorney General
Read and ordered journalized.
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House Bill No. 1277
AN ACT concerning
Used Oil - Prohibition on Burning
FOR the purpose of prohibiting a person from burning any
used oil unless it is refined re-refined and the
emissions from the burning of used oil meet federal and
State air quality standards; defining a certain term;
and exempting certain uses of used oil from this Act.
By adding to
Article - Natural Resources
Section 8-1411.1(a)(3)
Annotated Code of Maryland
(1974 Volume and 1981 Supplement)
BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 8-1411.1(f)
Annotated Code of Maryland
(1974 Volume and 1981 Supplement)
The Speaker put the question: Shall the Bill pass,
notwithstanding the objections of the Executive?
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