[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

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

[CITE: 40CFR281.25]



[Page 576]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table of 

Contents

 

              Subpart B_Components of a Program Application

 

Sec.  281.25  Attorney General's statement.



    (a) A state must submit a written demonstration from the Attorney 

General that the laws and regulations of the state provide adequate 

authority to carry out the program described under Sec.  281.21 and to 

meet other requirements of this part. This statement may be signed by 

independent legal counsel for the state rather than the Attorney 

General, provided that such counsel has full authority to independently 

represent the state Agency in court on all matters pertaining to the 

state program. This statement must include citations to the specific 

statutes, administrative regulations, and where appropriate, judicial 

decisions that demonstrate adequate authority to regulate and enforce 

requirements for UST systems. State statutes and regulations cited by 

the state Attorney General must be fully effective when the program is 

approved.

    (b) If a state currently has authority over underground storage tank 

activities on Indian Lands, the statement must contain an appropriate 

analysis of the state's authority.