ATIORNEY GENERAL STATEMENT 

FOR FINAL AUTHORIZATION FOR CHANGES 

TO THE FEDERAL HAZARDOUS WASTE PROGRAM 

(July 7, 2014) 

I hereby certify, pursuant to my authority under the Attorney General for the State of South 

Dakota delineated in SDCL 1-11-4 (see Attachment 1) 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 of South Dakota provide adequate authority to carry out the hazardous waste program 

set forth in the Program Description submitted by the South Dakota Department of 

Environment and Natural Resources in July, 2014, 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 statutory authorities for the State of South Dakota are documented in the State of South 

Dakota's submittals for its base program, for which authorization was received on November 2, 

1984, and subsequent submittals which received authorization on April 17, 1991 (effective 

June 17, 1991}, September 8, 1993 (effective November 8, 1993}, January 10, 1994 (effective 

March 11, 1994), July 24, 1996 (effective September 23, 1996}, May 9, 2000 (effective June 8, 

2000), April 23, 2004 (effective May 24, 2004), March 8, 2006 (effective March 8, 2006}, and 

August 8, 2012 (effective August 8, 2012). An updated RCRA Statutory Checklist (Abbreviated 

Version}, dated July 7, 2014, is attached to this statement (See Attachment 2). 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. 

The provisions for which the State of South Dakota is seeking authorization are those 

regulations codified through July 1, 2012 as represented and documented in the following 

RCRA Revision Checklists, attached hereto as Attachment 3: 217, 218, 220, 223, 225 (no 

checklist}, 226, 227, 228. Because the State of South Dakota adopts the federal regulations 

by reference under authority established in SDCL 1-26-6.6, there are few if any differences 

between the State of South Dakota's provisions and the Federal provisions; any such 

differences are noted on the Checklists appearing in Attachment 3. 

The official State regulations may be found in Administrative Rules of South Dakota Article 

74:28, as most recently amended with an effective date of October 10, 2013. (These rules, as 

of July 1, 2014, are no longer "provisionally" effective under SDCL 1-26-6 and 1-26-38 and are 

no longer subject to suspension by the South Dakota Interim Rules Review Committee; they 
are therefore fully effective.) These rules are attached to this Statement in Attachment 4. 

This certification supplements my or my predecessors' certifications of: May 24, 1984; 

January 14, 1991 (as amended by a September 11, 1992 and a September 25, 1992 Attorney 

General Statement); April 1, 1993 (a supplemental Attorney General Statement concerning 

RCRA section 3006{f) only); September 24, 1993 (as amended by a September 5, 1995 Attorney 

General Statement); December 29, 1994; October 23, 1997; October 27, 1997; October 28, 

1997; November 5, 1999; June 26, 2000; June 18, 2002; October 19, 2004; and May 11, 2009. 

Richard M. Williams 

Name (Type or Print) 

Deputy Attorney General 

Title 

May 5, 2015 

Date 

Attachments: 

1: SDCL 1-11-4 

2: South Dakota RCRA Statutory Checklist {Abbreviated Version), with attached referenced 

statutory provisions. 

3: RCRA Revision Checklists #216, 217, 218, 219, 220, 223, 224, 225 (no checklist), 226, 227, 

and 228. 

4: ARSD Art. 74:28