**ATTORNEY GENERAL'S CERTIFICATION STATEMENT**

I, W.A. Drew Edmondson, am the Attorney General of the State of
Oklahoma. My office has reviewed the Oklahoma Department of
Environmental Quality's (hereinafter "ODEQ") application and supporting
documentation to the United States Environmental Protection Agency for
the approval of electronic reporting for the ODEQ Electronic Document
Receiving System, and I hereby certify:

(1) that the ODEQ has sufficient legal authority provided by lawfully
    enacted or promulgated statutes and/or regulations to implement the
    electronic reporting component of its authorized programs consistent
    with 40 CFR § 3.2000 and with this application;

(2) that such statutes or regulations are in full force and effect on
    the date of this certification; and

(3) that the ODEQ has authority to enforce the affected programs using
    electronic documents collected under these programs.

To assist EPA's review of this application, I have included a
description prepared by the ODEQ which specifically links applicable
provisions of 40 C.F.R. Part 3 with relevant portions of the Oklahoma
statutes and ODEQ regulations. The description shows ODEQ's authority to
implement electronic reporting. I have also included with this
certification descriptions and copies of all State statutes and
regulations relevant to this application. These statutes and regulations
demonstrate the ODEQ's authority to enforce the affected authorized
programs using electronic documents.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

W.A. Drew Edmondson

Attorney General of the State of Oklahoma

January 19, 2007

**I. ODEQ LEGAL AUTHORITY TO IMPLEMENT ELECTRONIC REPORTING IN
CONFORMANCE WITH 40 CFR § 3.2000**

+-----------------------------------+-----------------------------------+
| **FEDERAL RULE**                  | **RELEVANT STATE STATUTE OR       |
|                                   | RULE**                            |
+-----------------------------------+-----------------------------------+
| 40 CFR 3.2000(a)(2) -- "valid     | OAC 252:4-17-3(b)                 |
| electronic signature" is required |                                   |
| if a person would have been       |                                   |
| required to sign the paper        |                                   |
| document                          |                                   |
+-----------------------------------+-----------------------------------+
| 40 CFR 3.2000(a)(2) -- verify     | OAC 252:4-17-5(b)                 |
| that State electronic reporting   |                                   |
| system produces electronic        |                                   |
| signatures that will satisfy the  |                                   |
| "beyond a reasonable doubt"       |                                   |
| standard when criminal sanctions  |                                   |
| are possible (e.g., individual    |                                   |
| signatory is uniquely authorized  |                                   |
| to use the signature device       |                                   |
| assigned to him/her)              |                                   |
+-----------------------------------+-----------------------------------+
| 40 CFR 3.2000 (a)(2) -- verify    | OAC 252:4-17-5(b)                 |
| that the method used to create    |                                   |
| electronic signatures satisfies   | 12A O.S. § 15-109(a)              |
| the definition of "valid          |                                   |
| electronic signature" in 40 CFR   |                                   |
| 3.3                               |                                   |
+-----------------------------------+-----------------------------------+
| 40 CFR 3.2000(b)(5)(iv) -- verify | OAC 252:4-17-5                    |
| that each signatory will have the |                                   |
| opportunity, at the time of       | OAC 252:4 Appendix E --           |
| signing, to review the content or | Electronic Signature Agreement    |
| meaning of the required           |                                   |
| certification statement,          |                                   |
| including any applicable          |                                   |
| provisions that false             |                                   |
| certification carries criminal    |                                   |
| penalties                         |                                   |
+-----------------------------------+-----------------------------------+
| 40 CFR 3.2000(b)(5)(vii) --       | OAC 252:4-17-5                    |
| verify that for each electronic   |                                   |
| signature device used to create   | OAC 252:4 Appendix E --           |
| an electronic signature, the      | Electronic Signature Agreement    |
| identity of the individual        |                                   |
| uniquely entitled to use the      |                                   |
| device and his/her relation to    |                                   |
| the entity has been determined    |                                   |
| with legal certainty (e.g.,       |                                   |
| identity-proofing method is       |                                   |
| sufficiently robust to meet the   |                                   |
| "beyond a reasonable doubt"       |                                   |
| evidentiary standard)             |                                   |
+-----------------------------------+-----------------------------------+
| 40 CFR 3.2000(c) -- verify that a | OAC 252:4-17-7                    |
| person is subject to all          |                                   |
| appropriate civil, criminal       | 27A O.S. §§ 2-3-502 and 2-3-504   |
| penalties or other remedies for   |                                   |
| failure to comply with a          | 21 O.S. § 463                     |
| reporting requirement if the      |                                   |
| person fails to comply with the   |                                   |
| applicable federal regulation     |                                   |
+-----------------------------------+-----------------------------------+
| 40 CFR 3.2000(c) -- verify that   | OAC 252:4-17-6(b)                 |
| where an electronic document      |                                   |
| submitted to satisfy a reporting  | 12A O.S. § 15-107                 |
| requirement bears an electronic   |                                   |
| signature, the electronic         |                                   |
| signature legally binds or        |                                   |
| obligates the signatory or makes  |                                   |
| the signatory responsible to the  |                                   |
| same extent as the signatory's    |                                   |
| handwritten signature on a paper  |                                   |
| document                          |                                   |
+-----------------------------------+-----------------------------------+
| 40 CFR 3.2000(c) -- verify that   | OAC 252:4-17-5(b)                 |
| the signatory will be uniquely    |                                   |
| entitled to use the electronic    |                                   |
| signature device at the time of   |                                   |
| signature                         |                                   |
+-----------------------------------+-----------------------------------+
| 40 CFR 3.2000(c) -- verify that   | OAC 252:4-17-7(b)                 |
| nothing in the state program      |                                   |
| limits the use of electronic      | 12A O.S. § 15-113                 |
| documents or information derived  |                                   |
| from electronic documents as      |                                   |
| evidence in enforcement           |                                   |
| proceedings                       |                                   |
+-----------------------------------+-----------------------------------+
|                                   |                                   |
+-----------------------------------+-----------------------------------+

**[II. GENERAL AUTHORITY OF ODEQ AS "STATE AGENCY" FOR PURPOSES OF 40
CFR § 3.2000:]{.underline}**

**Sections 15-117 and -118 of the Uniform Electronic Transactions Act
(12A O.S. §§ 15-101 et seq.)(hereinafter "UETA")** provides that each
government agency of the State of Oklahoma shall determine whether, and
the extent to which, it will create and retain electronic records, and
the extent to which it will send and accept electronic records and
electronic signatures to and from other persons.

The ODEQ is created in **§ 2-3-101(A)(1) of the Oklahoma Environmental
Quality Code (hereinafter "Code")** and identified as a "state
environmental agency" in **§ 1-1-201(13) of the Oklahoma Environmental
Quality Act (27A O.S. §§ 1-1-101 et seq.) (hereinafter "Act").**

**Section 15-107 of the UETA** provides legal recognition of electronic
records, electronic signatures, and electronic contracts; if a law
requires a record to be in writing or if the law requires a signature,
an electronic writing or an electronic signature satisfies the law.

**Section 15-109(a) of the UETA** provides that an electronic record or
signature is attributable to a person if it was the act of the person,
which may be shown in any feasible manner including a showing of the
efficacy of any security procedure applied to determine the person to
which the electronic record or electronic signature was attributable.

**Section 15-113 of the UETA** provides that, in a proceeding, evidence
of a record or signature may not be excluded solely because it is in
electronic form.

**[III. GENERAL REGULATORY AND ENFORCEMENT AUTHORITY OF
ODEQ]{.underline}**

The ODEQ has the power and duty to require the establishment and
maintenance of records and reports. **27A O.S. §§ 2-3-202(A)(8) and
2-3-501(C)**

**Section 2-3-502 of the Code** provides that the ODEQ, upon determining
that there are reasonable grounds to believe that any person is in
violation of the Code or any rule promulgated thereunder or of an order,
permit or license issued pursuant to the Code, may issue a notice of
violation and, afterward, a compliance order requiring the violator to
correct the violation. Additionally, the ODEQ may assess an
administrative penalty or initiate other appropriate remedies in order
to compel compliance with the requirements of the Code.

**Section 2-3-504(A) of the Code** provides that any person who violates
any of the provisions of or who fails to perform any duty imposed by the
Code or who violates any order, permit or license issued by the ODEQ or
rule promulgated by the Board shall be guilty of a misdemeanor and may
be punished in civil proceedings in district court by assessment of a
civil penalty.

The ODEQ has authority to bring an action for injunctive relief to
redress or restrain a violation by any person of the Code or of any rule
promulgated thereunder, or order, license, or permit issued pursuant
thereto or for recovery of any administrative or civil penalty assessed
pursuant to the Code. **27A § 2-3-504(A)(4) and (F)**

**[IV. SPECIFIC AUTHORITY OF ODEQ TO ENFORCE THE AFFECTED AUTHORIZED
PROGRAMS USING ELECTRONIC DOCUMENTS]{.underline}**

-   **[Air Quality]{.underline}**: *The Oklahoma Clean Air Act* (27A
    O.S. §§ 2-5-101 *et seq*., including enforcement provisions at §
    2-5-110; § 2-5-114; § 2-5-116; and § 2-5-117); Oklahoma
    Administrative Code ("OAC") 252:100, *Air Pollution Control Rules*
    (incorporates federal Air Quality reporting rules by reference)

-   **[Water Quality]{.underline}**: The Oklahoma Water Quality
    provisions of the Code (27A O.S. §§ 2-6-101 *et seq*., including
    enforcement provisions at § 2-6-206; § 2-6-308; § 2-6-901); OAC
    252:631, *Public Water Supply Operation Rules* (incorporates federal
    PWS reporting rules by reference); OAC 252:606, *Oklahoma Pollutant
    Discharge Elimination System Standards* (incorporates federal NPDES
    reporting rules by reference); OAC 252:652, *Underground Injection
    Control Rules* (incorporates federal UIC reporting rules by
    reference)

-   **[Land Protection]{.underline}**: The Oklahoma Hazardous Waste
    Management Act (27A O.S. §§ 2-7-101 *et seq*., including enforcement
    provisions at § 2-7-126; § 2-7-129; § 2-7-130); OAC 252:205,
    Hazardous Waste Management Rules (incorporates federal hazardous
    waste reporting rules by reference)

-   **[Hazardous Materials Reporting]{.underline}**: The Oklahoma
    Hazardous Materials Planning and Notification Act (27A O.S. §§
    4-1-101 *et seq*.); OAC 252:020, Emergency Planning and Community
    Right-to-Know Rules (incorporates federal Tier II reporting rules by
    reference)