Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › AIR DIVISION - AIR POLLUTION CONTROL PROGRAM › Chapter 335-3-8 - NITROGEN OXIDES EMISSIONS › Section 335-3-8-.06 - Authorized Account Representative For NO[x] Budget Sources

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Authorization
				and responsibilities of the NOx authorized account representative.
(a) Except as provided under paragraph (2)
				below, each NOX Budget source, including all
				NOX Budget units at the source, shall have one and only
				one NOx authorized account representative, with regard to all matters under the
				NOX Budget Trading Program concerning the source or any
				NOx Budget unit at the source.
(b)
				The NOx authorized account representative of the NOx Budget source shall be
				selected by an agreement binding on the owners and operators of the source and
				all NOx Budget units at the source.
(c) Upon receipt by the Administrator of a
				complete account certificate of representation under paragraph (4) of this
				Rule, the NOX authorized account representative of the
				source shall represent and, by his or her representations, actions, inactions,
				or submissions, legally bind each owner and operator of the NOx Budget source
				represented and each NOx Budget unit at the source in all matters pertaining to
				the NOx Budget Trading Program, not withstanding any agreement between the
				NOX authorized account representative and such owners
				and operators. The owners and operators shall be bound by any decision or order
				issued to the NOx authorized account representative by the Department, the
				Administrator, or a court regarding the source or unit.
(d) No NOX Budget
				permit shall be issued, and no NOX Allowance Tracking
				System account shall be established for a NOx Budget unit at a source, until
				the Administrator has received a complete account certificate of representation
				under paragraph (4) of this Rule for a NOx authorized account representative of
				the source and the NOX Budget units at the
				source.
(e) Each submission under
				the NOx Budget Trading Program shall be submitted, signed, and certified by the
				NOX authorized account representative for each NOx
				Budget source on behalf of which the submission is made. Each such submission
				shall include the following certification statement by the NOx authorized
				account representative: "I am authorized to make this submission on behalf of
				the owners and operators of the NOx Budget sources or NOx Budget units for
				which the submission is made. I certify under penalty of law that I have
				personally examined, and am familiar with, the statements and information
				submitted in this document and all its attachments. Based on my inquiry of
				those individuals with primary responsibility for obtaining the information, I
				certify that the statements and information are to the best of my knowledge and
				belief true, accurate, and complete. I am aware that there are significant
				penalties for submitting false statements and information or omitting required
				statements and information, including the possibility of fine or imprisonment."
1. The Department and the Administrator will
				accept or act on a submission made on behalf of owner or operators of a NOx
				Budget source or a NOx Budget unit only if the submission has been made,
				signed, and certified in accordance with subparagraph (e) of this
				paragraph.