ATTORNEY STATEMENT

FOR FINAL AUTHORIZATION FOR CHANGES

TO THE FEDERAL HAZARDOUS WASTE PROGRAM

FROM JULy 2008 THROUGH JUNE 2009

RCRA CLUSTER XIX

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 amended by 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 of Oklahoma 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 Program Description Addendum for RCRA Cluster XIX submitted herewith,

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.

The Oklahoma Hazardous Waste Management Act was not amended during the 2010 legislative

session. In my opinion, statutes relied on in previously approved authorization applications have not been

amended, modified or revised by statute orjudicial 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.

The DEQ adopted applicable federal hazardous waste regulations as amended through July I, 2009.

The Program Description submitted herewith specifies the DEQ is only applying for authorization to

implement the provisions of Checklist 220. As set forth in OAC 252:205-3-I(b), the DEQ specifically

excluded from its adoption by reference the revisions to 40 CFR published at 73 FR 64668-64788 (October

30, 2008), thereby excluding the provisions found in Checklist 219. The regulatory amendment

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implementing 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 of Oklahoma is seeking authorization are documented in the

Regulatmy Documentation For Federal Provisions For Which The State Of Oklahoma 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!ormy predecessors certification(s) submitted asa part ofthe

previous authorizations described at 74 F.R. 5994, 5995 and in the Attorney Statement submitted with the

application for RCRA Cluster XVIII. The approved authorizations included statements of legal authority

for the General Counsel ofthe DEQ to prepare these certifications in lieu ofthe State Attorney General as

set forth in 40 CFR 271.7. There have been no changes to State or Federal law or our regulations that have

diminished the authority ofthe General Counsel ofthe DEQ as Independent Legal Counsel to represent the

DEQ in court on all matters pertaining to the State program.

The DEQ incorporates the Federal Regulations by reference and there have been no changes in

State or Federal laws or regulations th.at have diminished the DEQ's ability to adopt the 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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