[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR239.5]

[Page 311]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 239--REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF 
ADEQUACY--Table of Contents
 
                  Subpart B--State Program Application
 
Sec. 239.5  State legal certification.

    (a) A state must submit a written certification from the state 
Attorney General that the laws, regulations, and any applicable guidance 
cited in the application are enacted at the time the certification is 
signed and are fully effective when the state permit program is 
approved. This certification may be signed by the independent legal 
counsel for the state rather than the Attorney General, provided that 
such counsel has full authority to independently represent the lead 
state agency in court on all matters pertaining to the state program.
    (b) If guidance is to be used to supplement statutes and 
regulations, the state legal certification must discuss that the state 
has the authority to use guidance to develop enforceable permits which 
will ensure compliance with relevant standards issued pursuant to RCRA 
section 4010(c) and that the guidance was duly issued in accordance with 
state law.
    (c) If any laws, regulations, or guidance are not enacted or fully 
effective when the legal certification is signed, the certification 
should specify what portion(s) of laws, regulations, or guidance are not 
yet enacted or fully effective and when they are expected to be enacted 
or fully effective.
    The Agency may make a tentative determination of adequacy using this 
legal certification. The state must submit a revised legal certification 
meeting the requirements of paragraph (a) of this section and, if 
appropriate, paragraph (b) of this section along with all the applicable 
fully enacted and effective statutes, regulations, or guidance, prior to 
the Agency making a final determination of adequacy. If the statutes, 
regulations or guidance originally submitted under Sec. 239.3(d) and 
certified to under this section are modified in a significant way, the 
Regional Administrator will publish a new tentative determination to 
ensure adequate public participation.