MODEL ATTORNEY GENERAL STATEMENT
FOR FINAL AUTHORIZATION FOR CHANGES 
TO THE FEDERAL HAZARDOUS WASTE PROGRAM 

I hereby certify, pursuant to my authority as                               [Attorney General or Independent Legal Counsel] and in accordance with Section 3006(b) of the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (42 USC 6901 et seq.), and 40 CFR 271, that in my opinion the laws of the State [Commonwealth] of                               provide adequate authority to carry out the hazardous waste program set forth in the Program Description submitted by ___________ [State Agency] on ______________ [date of submission of current Program Description] and the Program Description Addendum(s) submitted on ____________. [date(s) of submission of all Program Description Addendums that impact the current Program Description], and to meet the requirements of 40 C.F.R. Part 271, Subpart A.  The specific authorities provided are contained in statutes or regulations lawfully adopted at the time this Statement is signed and which are in effect now [shall be fully effective at the time the program revision is authorized]. The statutory authorities for the [State/Commonwealth] are documented in the [State/Commonwealth’s] RCRA Statutory Checklist, dated ______________ and attached to this statement (See Attachment ___).   In my opinion, statutes relied on in previously approved authorization applications have not been amended, modified or revised by statute or judicial decision in a way that diminishes and interferes with the authority to carry out the previously authorized hazardous waste program to meet the requirements of 40 C.F.R. Part 271, Subpart A.  [If applicable, see Attachment ___ for a discussion of any such statutes or judicial decisions that may potentially (but do not) diminish or interfere with the authority to carry out the previously authorized hazardous waste program.]

The  provisions for which the [State/Commonwealth] is seeking authorization are documented in the attached [Refer to Revision Checklists or other regulatory documentation].  Differences between the [State/Commonwealth’s] provisions and the Federal provisions are noted on the [Refer to Revision Checklists or other Regulatory Documentation].  The official State regulations may be found in [insert title of State regulations], effective                        .   This certification supplements my or my predecessors certification(s) of                                 [dates of previous AG Statements].

[For States that use an independent legal counsel: Include a discussion of the authority of the independent legal counsel to represent the State Agency in court on all matters pertaining to the State program.]

[For States that incorporate the Federal regulations by reference: Include a discussion of the State’s authority to do so.]

[For States that incorporate the Federal regulations by reference prospectively: Include a discussion of the States authority to do so, and any constitutional issues or court cases that may apply.]

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