ATTORNEY STATEMENT FOR FINAL AUTHORIZATION FOR CHANGES TO THE FEDERAL HAZARDOUS WASTE PROGRAM FROM JULy 2008 THROUGHJUNE 2009 RCRA CLUSTERXIX I hereby certifY, pursuant to my authority as Independent Legal Counsel and in accordance with Section 3006(b) ofthe Resource Conservation and Recovery Act, as amendedby the Hazardons and Solid Waste Amendments of 1984 (42 USC 6901 

### et seq.), and 40 CFR 271, that in my opinion the laws ofthe State ofOklahoma provide adequate authority to carry out the hazardous waste program set forth in the Program Description submitted by the Oklahoma Department of Environmental Quality ("DEQ") and finally authorized by EPA on January 10, 1985 and the Program Description Addendum(s) approved by EPA on the publication dates set forth at 74 F.R. 5994, 5995, the Program Description Addendum for RCRA Cluster

## xvm and the ProgramDescription Addendum forRCRA Cluster

### XIX submitted herewith, and to meet the requirements of40 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. The Oklahoma Hazardous Waste Management Act was not amended during the 2010 legislative session. In my opinion, statutes relied on inpreviously approved authorization applications have not been amended, modified orrevisedby statute orjudicial decision in a waythat diminishes and interferes withthe authority to carry out the previously authorized hazardous waste program to meet the requirements of40 C.F.R. Part271, Subpart A. The DEQ adopted applicable federal hazardous wasteregulations as amendedthroughJuly I, 2009. The Program Description submitted herewith specifies the DEQ is only applying for authorization to implement the provisions ofChecklist 220. As set forth in OAC 252:205-3-I(b), the DEQ specifically excluded from its adoption byreference the revisions to 40 CFRpublished at 73 FR 64668-64788 (October 30, 2008), thereby excluding the provisions found in Checklist 219. The regulatory amendment

Page 1 of2implementing this adoption by reference has an effective date ofJuly 11, 2010. A copy ofthe regulatory amendment is attached hereto as Exhibit A. The provisions for which the State ofOklahoma is seeking authorization are documented in the 

### Regulatmy Documentation For Federal Provisions For Which The State OfOklahoma Is Seeking Authorization, Federal Final Rules Published Between June 30, 2008 Through July 1, 

### 2009, RCRA CLUSTER

### XIX, dated July 12, 2010, attached hereto as Exhibit B. This certification supplements my and!ormypredecessors certification(s) submitted asapartofthe previous authorizations described at 74 F.R. 5994, 5995 and in the Attorney Statement submitted with the application for RCRA ClusterXVIII. The approved authorizations included statements oflegal authority for the General Counsel ofthe DEQ to prepare these certifications in lieu ofthe State Attorney General as setforth in 40 CFR271.7. There havebeenno changes to State orFederal law orourregulations thathave diminished the authority ofthe General Counsel ofthe DEQ as IndependentLegal Counsel to representthe DEQ in court on all matters pertaining to the Stateprogram. The DEQ incorporates the Federal Regulations by reference and there have been no changes in State orFederal laws orregulations th.athave diminished the DEQ's abilityto adoptthe Federal regulations by reference as set forth in the authorizations set forth at 74 F.R. 5994, 5995 and the application for RCRA Cluster XVIII. The Federal hazardous waste regulations are adopted by reference by the DEQ at OAC 252:205, Subchapter 3. The DEQ does not adopt Federal regulations prospectively.

Martha Penisten General Counsel Date:

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