[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR271.7]

[Page 362]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 271_REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE PROGRAMS
--Table of Contents
 
             Subpart A_Requirements for Final Authorization
 
Sec. 271.7  Attorney General's statement.

    (a) Any State that seeks to administer a program under this subpart 
shall submit a statement from the State Attorney General (or the 
attorney for those State agencies which have independent legal counsel) 
that the laws of the State provide adequate authority to carry out the 
program described under Sec. 271.6 and to meet the requirements of this 
subpart. This statement shall include citations to the specific 
statutes, administrative regulations and, where appropriate, judicial 
decisions which demonstrate adequate authority. State statutes and 
regulations cited by the State Attorney General or independent legal 
counsel shall be in the form of lawfully adopted State statues and 
regulations at the time the statement is signed and shall be fully 
effective by the time the program is approved. To qualify as 
``independent legal counsel'' the attorney signing the statement 
required by this section must have full authority to independently 
represent the State agency in court on all matters pertaining to the 
State program.
    Note: EPA will supply States with an Attorney General's statement 
format on request.
    (b) When a State seeks authority over activities on Indian lands, 
the statement shall contain an appropriate analysis of the State's 
authority.