Document 7R2xYvKE8Nw529JrNgaqBY5Ja

Lead Industries Association, Inc. 292 Madison Avenue New York, N. Y. 10017 Telephone: (212) 532-2373 Environmental Health Department DATE: March 15, 1979 TO: All Members of the LIA Board of Directors All Official Members of the Lead Industries Association, Inc. All Members of the LIA Environmental Health Cormrittee FROM: Donald R. Lynam, Ph.D. SUBJECT: Federal Register Notice of Judicial Stay of OSHA Lead Standard Enclosed is a copy of the official notice of the partial judicial stay of the OSHA lead standard which appeared in the Federal Register of March 13, 1979. The notice lists the provisions of the standard which were included in the judicial stay. Sincerely, Donald R. Lynam, Ph.D. Assistant Director, Environmental Health lm enclosure L'IA0377 N 3730 y,'* /r. <?>/# . I - " J r - rJ-' j**i 14554 RULES AND REGULATIONS Dated: March 9, 1979. - OnuTiK B. Bell, , Attbmef General PART 47--RIGHT TO FINANCIAL FRIVACY ACT Sec. 47.1 Definitions. 47.2 Purpose. 47.3 Authorization. 47.4 Written request. 47A Certification. Atrrsoarrr 3 VAC. 301: 28 U.S.C. 509, 510; section 1108 of the Right to Financial Privacy Act of 1978.13 UJ3.C. 3408. | 47J Defhtitkm*. The terms used in this part shall have the same meaning as similar terms used in the Right to Financial Privacy Act of 1978. "Departmental unit" means any office, division, board, bureau, or other component of the Department of Justice which is au thorized to. conduct law enforcement inquiries. "Act" means the Right to Fi nancial Privacy Act of 1978. $ 47J! Purpose. The -purpose of these regulations is to authorize Departmental units to re quest financial records from a finan cial institution pursuant to the Tormal written request procedure authorized by section 1108 of the Act, and to set forth the conditions under which such requests may be made. $ 47.3 Authorization. Departmental hnits are authorize^ to request financial records of any ci tomer from a financial institution purl suant to a formal written request! under the Act only if: <a> no administrative summons or subpoena authority reasonably ap pears to be available to the Depart mental unit to obtain financial records for the purpose for which the records are sought; (b) there is reason to believe that the records sought are relevant to a le gitimate law enforcement inquiry and will further that inquiry; (c) the request is issued by a supervi sory official of a rank designated by the head of the requesting Depart mental unit. The officials so designat ed shall not delegate this authority to others; (d) the request adheres to the re quirements set forth in i 47.4; and (e) the notice requirements set forth in section 1108(4) of the Act, or the re quirements pertaining to delay of notice in section 1109 of the Act, are satisfied, except in situations (e.g., sec tion 1113(g)) where no notice is re quired. i 474 Wrifles request. ; remaining provisions are effective (a) The formal written request shall be in the form of a letter or memoran dum to an appropriate official of the financial institution from which finan cial records are requested. The request March X, 1979. In addition, the prior standard on occupational exposure to lead In 29 CFR 1910.1000 will remain In effect until the complete new stand ard becomes effective. hall be signed by the issuing official, and shall set forth that official's name, title, business address and busi ness phone number. The request shall also contain the following: (1) The Identity of the customer or DATE: The effective date of the standard is March 1, 1979, except as otherwise noted. FOR FURTHER INFORMATION CONTACT: customers to whom the records per Gall Brinkerhoff. UJS. Department tain; of Labor, Room N3112. Washington. (2) A reasonable description of the D.C. 20210, Telephone: (202) 523- records sought; and 8034. (3) Such additional information as may be appropriate--e.g., the date on which the opportunity for the custom er to challenge the formal written re quest will expire, the date on which the requesting Departmental unit ex pects to present a certificate of compli ance with the applicable provisions of the Act, the name and title of the indi vidual (if known) to whom disclosure is to be made. (b) In cases where customer notice Is delayed by court order, a copy of the court order shall be attached to the formal written request. SUPPLEMENTARY INFORMATION: On November 13, 1978, the Occupa tional Safety and Health Administra tion (OSHA) promulgated a perma nent standard for occupational expo sure to lead. 129 CFR 1910.1025, 43 FR 52952-53014 (November 14, 1978), 43 ' FR 54354-54509 (November 21, 1978)1. The standard provided for an effective date of February 1,1979, with delayed startup dates for some provisions. Cer tain corrections to the standard, in cluding an administrative stay of one portion of the respirator table, were published in the Federal Register on 5 47J Certification. Prior to obtaining the requested rec ords pursuant to a formal written re quest, an official of a rank designated by the head of the requesting Depart mental unit shall certify in writing to the financial Institution that the Departmgatal unit has complied with the cable prov isions of the Act. January 26.1979 (44 FR 5446). Pursuant to section 6(f) of the Occu pational Safety and Health Act, 29 U.S.C. 655(f), numerous petitions were filed in several U.S. Courts of Appeal challenging the validity of the stand ard. All petitions were transferred to the U.S. Court of Appeals for the Dis trict of Columbia Circuit (United Steelworkers of America, AFL-CIO- CFR Doc. 78-7686 Piled 3-12-79; 8:45 am] CLC v. Marshall, No. 78-2452 (3rd Cir cuit, January 10, 1979)) and consoli dated. [4510-25-M] Several of the petitioners then Till* 29--Labor moved in the Court of Appeals for a stay of the lead standard pending dis CHAPTER XVII--OCCUPATIONAL position of their petitions for review. In the Federal Register notice of Jan SAFETY AND HEALTH ADMINIS uary 26, 1979, OSHA administratively TRATION, DEPARTMENT OF LABOR stayed the lead standard until Febru ary 24. 1979, to facilitate the Court's PART 1910--OCCUPATIONAL SAFETY consideration of the motions (44 FR AND HEALTH STANDARDS 5446, January 26, 1979). The adminis trative stay was subsequently ex Occupational Exposure la Load; Notice of Partial Judicial Stay tended at the Court's request for the same reason. A decision on the mo tions to stay the lead standard was AGENCY: Occupational Safety and issued by the Court on March L 1979. Health Administration. Department of < United Steelworkers ofAmerica, AFL- Labor. CIO-CLC v. Marshall No. 79-1048 ACTION: Notice of partial judicial stay of standard for occupational ex posure to lead. (D.C. Circuit, March I. 1979)). The Court's order stayed certain provisions of the lead standard and denied the stay motions as to others. Following is SUMMARY; Several provisions of a list of the paragraphs of the stand-, OSHA's new standard for occupational ard as they have been affected by the exposure to lead (29 CFR 1910.1025) Court's order. As directed by the have been stayed by the UJ3. Court of Court, the effective date of the stand-, Appeals for the District of Columbia ard as a whole was March 1,1979, with Circuit pending full judicial review of limited exceptions noted below, sub-' the standard. This notice lists ttie.pro- ject to the delayed startup dates in vtelons which have been stayed. The paragraph tr>. KDEKA1 EEGKTSU VOL 44, NO. SO--TUESDAY, MAtCH 13, W? LIA 03 478 '*' V'S-',' " ' '7 ' N 3730.01 r tUm ANORKWtATtONS Pam. 3. Section JUM03tn>-i . S. . formal written request procedure ea- amended byaddhig two sentences, - tabUsbed hy section 1188 of the Right mediately before example in to lead to Financial Privacy Act of 1*78 , as follows, ("Act"), 13 URC. 3406, and wfll set | 3ft.3462(n>-l Employees * fKlining ' ao income tax liability. forth the conditions under which sueh requests may be made. EFFECTIVE DATE: March 10. 1979. ' ' * . FOR FURTHER INFORMATION If the employer has reason to be CONTACT: lieve that the withholding exemption Abbe D. Lowell, Special Assistant to certificate contains any Incorrect the Deputy Attorney General, De statement, the district director should partment of Justice. Washington, be ao advised. 8ee 131.3402(fX3>-l(e) D.C. 20530; 362-633-4238. for rules relating to invalid withhold ing exemption certificates. . SUPPLEMENTARY INFORMATION: On February 2, 1979, the Department of Justice published in the Fnaut Rboistbi s proposed regulation autho This Treasury decision Is necessary rizing Department of Justice units to to correct immediately the subject request financial records from a finan provisions of the Employment Tax cial institution pursuant to the formal Regulations in order to avoid confu written request procedure established sion and misunderstanding both by In by section 1108 of the Right to Finan ternal Revenue Service personnel and cial Privacy Act of 1978, 12 US.C. by the public. For this reason, notice 3408, and setting forth the conditions and public procedure' on this matter under which sueh requests may be are impracticable and contrary to the , made. 44 FR 6752-53. Following is a public interest. Therefore, this Treas summary of the comments and recom ury decision need not be issued with mendations received by the Depart notice and public procedure under sub ment: section Cb) of section 553, Title 5 of One comment noted that the legisla the United States Code, or subject to tive history of the Act stated that the the effective date limitation of subsec regulations to be issued under section tion (d) of that section. 1108 "should specify the level of em This Treasury decision Is issued ployee permitted to make such re under the authority contained in sec quests and should state that the au tion 7805 of the Internal Revenue thority may not be delegated." SLR. Code of 1954 (68A Stat. 917; 26 UJS.C. Rep. No. 1383, 95th Cong., 2d Sees. 52 7805). (1978). The statement that the author Jebomz Kurtz, Commissioner of Internal Revenue. Approved: February 28, 1979. ity to make requests should not be del egated would not appear to amount to a requirement of law. In addition, the designation of supervisory officials by Donald C. Lubxck, Assistant Secretary of the Treasury. OH Doc. TZ-7<74 Piled 3-13-1* 9:46 ami the head of each Departmental unit would clearly indicate that the author ity may not be exercised by those not so designated. Nonetheless, a provision to this effect Is being added to the reg ulations in order to comply as fully ss possible with Congress' intent [4410-81-M] Another comment questioned Title tt Judicial AdwldiinHsa whether section IT08 could Itself be construed ss authority to promulgate regulations. The requirement that reg CHAPTER I--DEPARTMENT Of JUSTICE ulations be promulgated would appear to contemplate clearly that authority existed to do so--If not by section 1108 , {Order Ho. 823-79] PACT 47--SIGHT TO RNANOA1 itself, then by other statutes cited in the regulations. Another comment wss that the regu PRIVACY ACT lations are not specific enough as to the circumstances when the procedure Regulations Implementing the Right - may be used or ss to the level of em to finandat Privacy Act of 1978 ployee authorized to make a formal written request In view of the many AGENCY: Department of Justice. different sorts -ci investigations in which a formal written request might ACTION: Final regulation, be helpful, it was thought Inadvisable to attempt to specify each circum SUMMARY: These regulations win stance where the request would be au authorize Department of Justice units thorized. in view at the different to reguest financial reconfc from a fi structures of the various Department nancial institution pursuant to the al units, apd tn.Bght of the fact that -yT'' 14553 changes in these structures are not in frequently made. It was thought best to vest the authority to designate offi cials to sign the format written request in the head of each Departmental unit authorized to conduct law enforce ment inquiries. If any financial insti tution questions the authority of any official to issue the formal written re quest, the official might then provide that financial institution with a copy of the designation authorizing him to do so. Other comments related to the prob lems facing financial institutions in determining whether to respond to a formal written request--e.g., whether the financial institution most inquire whether the requesting agency had authority to investigate violations of law, whether it had administrative subpoena or summons authority, whether the request is authorized by regulations promulgated by the head of the department, whether there is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry, whether the re questing official is acting beyond his authority, etc. These problems appear to be alleviated by section 1117(c) of the Act, 12 U.S.C. 3417(c), which pro vides that a financial institution dis closing financial records "in good-faith relianceupon a certificate by any Gov ernment authority shall not be liable to the customer for such disclosure." According to one of the sponsors of the Act, a financial institution is pro tected under this provision "if it re ceives a certificate of compliance with the act required by section 1103(b) that appears proper and legitimate on its face." H.R. Rep. No. 1383. 95th Cong., 2d Sess. 230 (1978) (additional views of Representative LaFalce). In any event, since these are matters which relate to the guidance of the fi nancial institutions, they would appear to be outside the scope of regu lations whose purpose is to authorize the use of the formal written request by government agencies. Finally, another comment suggested that a provision be added requiring that each formal written request in clude a statement that financial insti tutions should consult counsel to de termine whether compliance with a formal written request is permitted under applicable state and federal laws. It is not the responsibility of the Department of Justice to advise finan cial institutions as to the manner in which they are to perform their obli gations under law. By virtue of the authority vested in me by 5 UJ3.C. 301. 28 U8.C. 509. 510. and section 1108 of the Right to Fi nancial Privacy Act of 1978, 12 UJ3.C. 3408, a new part 47 is hereby added to title 28 of the Code of Federal Regula tions as set forth below: flBERAL RKHSTH, VOL *L Ha 99--TUESDAY. MARCH 19, 1979 I ,v>* r. ?.&&*? h~- WtCS AND tfOtiiAnOMS 14558 }mum uo. .-.-.. ,ir; .-.--t^ paragraph 41k Esqaloye* tnfarma- nounces the Admlntotratart dteap- Paragraph (a). Scope and applica tion. is In effect; Paragraph Cb), Definitions, U In 'effect; Paragraph (e). Permissible exposure limit, la Is effect; Paragraph (dl, Exposure monitoring. is in effect; Paragraph (eXl). Methods ofcompRance/Bngineering and work practice controti, is stayed; Paragraph <eX2). Respiratory pro tection, is in effect. Paragraph <eX3), Compliance pro gram, is stayed, except that paragraph (eX3XUXF), relating to compliance plans for protective clothing, hygiene and housekeeping practices. Is In effect; Paragraph <eX4), Bypass of interim level Is stayed; Paragraph (eX5), Mechanical venti lation Is stayed; Paragraph (eX6), Administrative controls, is stayed; tion and training, is is effect; Paragraph (aok Signs, is stayed Paragraph to), Recordkeeping, is in effect; Paragraph (o). Observation of moni toring is in effect; - Paragraph (pi, affective date, is modified to March 1,1979; Paragraph <ql. Appendices, is in effect; Paragraph (r), Startup dates. Is in effect, except to the extent that & ap plies to provisions of the standard which have been stayed. In addition, the standard for lead in 29 CFR 1910.1000 will remain in effect during the period of the stay and will continue to be enforced by OSHA. Sec tion 1910.1000, Table Z-2, sets a per missible exposure limit of 0.2 milli grams of lead per cubic meter of air as an 8-hour, time-weighted average, which must be complied with by the use of feasible engineering or adminis trative controls (f 1910.1000(e)). prove) of exemptions from regulations controlling emissions from organic sol vents in the Metropolitan Baltimore Intrastate Air Quality Control Region (AQCR) and the Maryland portion of the National Capita] Interstate AQCR. EFFECTIVE DATES: April 12, 1979, for da approval actions, March 13, 1979 for all disapproval actions. ADDRESSES: Copies of the amended regulations and associated support and comment material are available for public inspection during normal busi ness hours at the following locations; 'UjS. Environmental Protection Agency, Region ID. Curtis Building, Tenth Flow, Sixth and Walnut Streets, Philadelphia, Pennsylvania 19106, ATTN: Mr. Harold Prankford. Maryland Bureau of Air Quality and Noise Control, 201 West Preston Street. Baltimore, Maryland 21201, ATTN: Mr. George P. Ferreri. Paragraph <f), Respiratory protec tion, is in effect, except that para graph (f)(2Xii), relating to employee selection of powered, air-purifying res Signed in Washington, D.C. on March 8.1979. Ecu Bingham, Assistant Secretary ofLabor. Public Information Reference Unit, Room 2922--EPA library, 08. Envi ronmental Protection Agency. 401 M Street, S.W., Washington, D.C. pirators (PAPR), is modified so that CFR Doc. 79-7624 Filed 3-13-79; 8:45 ami 20460. PAPR's must be provided under that paragraph only when the physical characteristics of the employee are [6560-01-M] FOR FURTHER INFORMATION CONTACT: such that the respirators specified in Table (paragraph (fX2Xi are inad Title 40--Protection of Environment Mr, Harold Frankford, (215) 5978392. equate for the employee's protection. (Note that dust, fume, and mist air-pu CHAPTER I--ENVIRONMENTAL SUPPLEMENTARY INFORMATION: rifying respirators are permitted to be PROTECTION AGENCY I. BACXGROUND used in addition to the respirators listed in Table n under the terms of SUSCHAPTEX C--AIK PROGRAMS The State of Maryland submitted the temporary administrative stay published at 44 FR 5446.); [FRL 1034-4] amendments to Section .04 of Mary land Regulations 10.03.36 through Paragraph (g). Protective work 10.03.41 inclusive governing control of clothing and equipment, is effective March 31, 1379, to provide employers time to Implement Its requirements and to apply for variances where war ranted; Paragraph (h), Housekeeping, Is fat effect, except that to the extent that PART 52--APPROVAL AND PROMUL GATION OP IMPLEMENTATION PLANS Approval and Disapproval of Revi sions of the Maryland State faapte- air pollution. The State requested that these amendments, submitted on April 24, 1974, December 11L1974 and July 1, 1975, be reviewed and processed aa ... revisions of the Maryland State Imple mentation Flan (SIP) for the attain ment and maintenance of national am employer* must acquire vacuums to enfetfea Plan bient air quality standards. The i comply, the effective date Is March 31, 1979. During this period, employers may apply for variances where war AGENCY; Environmental Protection Agency. amendments consist of the belowlisted changes ' 10A3JW47.40-41 ranted; Paragraph 01, Hygiene facilities and practices, is in effect, except that it Is stayed to the extent that it requires the construction of new facilities or substantial renovation of existing facilities; Paragraph <J), Medical surveillance, is in effect, except for the require ACTION; Final rule. SUMMARY: This notice announces the Administrator's approvalwith cer tain exceptions of amendments to Maryland Regulations M.03.36 through 10.03.41 inclusive, governing control of hydrocarbons and oxides of nitrogen. The amendments include definitions ef organic solvents, .940: Nitrogen Oxides from New Fuel-Barn' Ing Equipment--Minor warding change*. . A4H: Nitrogen Oxide* from Nitric Add Plants--EmiaMoa limitation tor plants ex isting before 1972 are made more restric tive. -04J: Hydrocarbons from Other Then FuelBurning Equipment ,04J<1)*: Definition at "Organic material"-- New section. ment* for ZPP determinations in para graphs CJX2) and (JX3XUXDX3). and except for the requirements for the multiple physician review mechanism established in paragraph (jXSXiU) and changes at regulations governing con trol of oxides of nitrogen from fuelburning equipment and nftrie geld plants, control of hydrocarbon emis sions from organic solvents, dry clean XJUMx Definition of "Tree Vapor Pres sure"--New section. 04JCXX Organic Material--Control of organ- . ic material from storage tanks--New sec tion. . ' -v_ referred to elsewhere in the standard; ing operations, arid control of new ' \ 14.03.38-39 Paragraph (k). Medical removal pro sources of photochealea&y reactive '640(1), OX Nitrogen Oxides from Fuel- . tection, is In effect; organic material. This notice also an Burning Equipment--New end existing LIA03480 I vasi i- **1^5 *'*?s5%. r 4` ftutcs AND tfOMATIONI . w". *'v-) " .JbeMluu^`4**tpeiHO-MUmt WOrUng JHKtxi BmodlanteMtM of srsaafcao*- v dttng phntertWTwicafly reactive organic efeeftpe*. ":` *- '' ;'**-. V/--: . -: 'venta--Kewaectkm. - t- material. A4&. JHirogen Oxtdm from Sitrtc MU /Tania--tolsaioc Hesitation for plant* as hling before 197t in made mote rnatrtc ' ttre. OCX ffirfraentou fnm.OQwr Am IWt A4JU* Definition of "Fhotochewteany Re' active Organic Materials"--Utmmetian, - A6Q ax ax (SX ConirolajU PreMbUto* X JSoorcm of PkoUxAemtcuOt ftioettm Or ganic Material*--Them aectian* baa cooaffliction of ail new aoureea that wfll dlacharte more than 560 lb*, per day of photochemicaUy reactive organic aoJwnta Into atmosphere, limit erlattnf aoureea *f pbotochemicaily organic advent* to 550 Os. per day, and provide exemption* for relo The 8tate of Mainland provided proof that public hearings for the above-mentioned regulations were held in accordance with the requiremeats of 40 CFR 61.4. All of the above-listed amendments were pro posed by CPA as revisions of the MHDc Organic Solvent*--Minor wording cation of faculties; Section MJOk of SZP . Maryland State Implementation Plan. chance*. ,/ regulation is deleted. The actions taken by EPA and the AtJCtMt Control of dry deantog aolventa-- MO t4>, <5X These sections provld* me- State of Maryland are summarized la ehardcal requirements for equipment hea- the following chart: . ` .pate Of adbodttal br .; Data Of pubOe beortau* baM Date of noUea *f proeoaad rutemakim (TO KxpbsUao fota ol aubUe . Ifarriaad to CPA hr Marxian* Location at pUbMe ha*Haw ... . dLaUoa) mamant period ~ Apr. 14. 1*74-- Sept. X im------------------------- -------------- Baltimort____ iMar. IT. lf<40FR mil)Apr. M. ISTI. Sqjt 1972 8ttver flprtsi Dec. II. It7*_ Aug. a 1ST4--------------------------1.................. Tafcoma Part------------ '--1_ Jan. SO, ItTS (40 FK *447)----_____________ Mar. J. mi Auf. T, 19T4 BaltimoreMar. J7, 1*78 (40 TV. ItSJl)Apr. 18, iara. 'Kor. M. l7 (40 TO MS#*).______________ Dec. 1. ISTft.' July X im Mar II. 1175Baltimore------------------------------------------------------------------------- Oct. X 1S7 (40 FR 48117)Hoe. ft, 17. May IS. 1S7S Cambrldse . f. May aa, 107ft Cumberland i EL Public Comments Rscxma'/EPA land portion of the National Capital ing that volatile organic compounds - Rkspowsx Interstate AQCR are nonattainment (VOC> contribute more significantly to .. ' During the combined public com ment periods, comments opposing as pects of the proposed regulation were submitted by the Baltimore Gas and Electric Company, the Maryland State Chamber of Commerce, and repre sentatives of the Bethlehem Steel Cor poration and the Crown Central Pe troleum Corporation. The comments essentially state opposition to the emissions "freeze" of 550 pounds per day of photochemically reactive or ganic compounds in the Metropolitan Baltimore Intrastate AQCR (Section 10.03.38.06G) as well as to the defini tion of "photochemically reactive or.garde materials" (Section 10.03.36.MJ. ' <1)0. The basic objections to the regu- areas with respect to photochemical - formation of photochemical oxidants oxidants (43 FR 8662, 43 FR 40502). than originally believed, the guidance Therefore, the Administrator feels jus allows previous amendments submit tified in approving regulations which ted by Slates to be evaluated as "inter would limit the amount of photo im" SIP control strategies. chemically reactive organic materials, since such material causes formation Section ,04J(3)d of Regulations of photochemical oxldanta. In addi 10.03.38 and 10.03.39 which controls tion, these "freeze" regulations are more stringent than the Agency's new source regulations governing emissions photochemically reactive organic sol vents from dry cleaning operations Is also approvable as a revision of the offsets because they preclude the use Maryland SIP. However, the State's of offsets for new major sources of photochemically reactive organic ma definition of "photochemically reac tive organic solvent" does not include terials wishing to locate In the Metro politan Baltimore Intrastate and Maryland portions of the National Capital Interstate AQCR'a. trichloroethylene, an organic solvent included in the definition of "photo chemically reactive organic solvent" that appears in the federally promul gated dry cleaning solvents regulations %- lations concern the necessity of tanpoe- m. EPA's Evaluatxok (40 CFR Sections 52.1088 and 52.1107X ; fax a "pounds per day" emission limi- talion applicable to all stationary ,/ ^ sources of hydrocarbons, rather than source-specific emission limitations. The limitations which the commeniors would prefer jure those that would be achievable If major sources of reactive .. f i^ahvysdBraoWcaerbcoonntermolissteiocnhsnoalopgpyl.iedA best ibd- VT\V';'i-:qafla^-concerto was the effect of an iubm freeze" on industrial growth ; . Metropolitan Baltimore Inter- state AQCR. The State of Maryland submitted comments supporting the hydrocarbon emissions "freeze". Wlth sespect to these public com ments received on Maryland Regula- > tkms A0A3A6JWG (1HI) And r> 10ASJ.Mq<l>-a). the Administrator lias determined^that the Metropolitan Baltimore 'Intrastate and the Mary With the exception of Section 10.03.38.04J(3)e of Maryland Regula tions governing the Metropolitan Bal timore Intrastate AQCR and Section Therefore, the federal regulations will remain in effect to govern situations where txicbalorethytene Is used as a dry cleaning solvent. 10.03.39.04J(3)e of Maryland Regula The amendments to Section A4J(3)e, tions governing the Maryland portion which provide exceptions from the or of the National Capital Interstate ganic solvents regulations, were added , AQCR, and which are dlscmwed below,, with the intent that solvent-emitting the above-listed amendments meet the sooree* would be encouraged to substi criteria of Section 110(*X2> of the tute volatile organic compounds with Clean Air Act and 46 CFR Part-fL Re water-based and high solids content quirements for Preparation, Adoption, coatings. However, the provisions of and Submittal of Implementation Section .04J(3)e(2Xb) of Regulations Flans. -- , 10.03.38 and 10.03.39 could be inter Section .04J of Maryland Regula preted to mean that even If such tions 10.03.38 and 10A3J9 pertains to water-based/high solids content coat- ' control of hydrocarbon enrimlons from logs are used and the remaining vola sources other than fhei bwning equip tile content consists of a volatile or ment. Although XPA has issued guid ganic compound defined as "photo ance (July 8. 16T7.42 FR 35314) stat- chemically reactive", then that por-