[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR239.5]



[Page 315]

 

                   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.