New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 242 - CO[2] Budget Trading Program › Subpart 242-2 - CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE FOR CO[2] BUDGET SOURCES › Section 242-2.1 - Authorization and responsibilities of the CO[2] authorized account representative

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Except as provided under section
					 242-2.2 
					 of this Part, each CO2 budget source, including all
					 CO2 budget units at the source, shall have one and only
					 one CO2 authorized account representative, with regard
					 to all matters under the CO2 Budget Trading Program
					 concerning the source or any CO2 budget unit at the
					 source.
(b) The
					 CO2 authorized account representative of the
					 CO2 budget source shall be selected by an agreement
					 binding on the owners and operators of the source and all
					 CO2 budget units at the source and must act in
					 accordance with the certificate of representation under section
					 242-2.4.
(c) Upon receipt by the department or its
					 agent of a complete account certificate of representation under section
					 242-2.4 
					 of this Subpart, the CO2 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 CO2 budget source represented and
					 each CO2 budget unit at the source in all matters
					 pertaining to the CO2 Budget Trading Program,
					 notwithstanding any agreement between the CO2 authorized
					 account representative and such owners and operators. The owners and operators
					 shall be bound by any decision or order issued to the
					 CO2 authorized account representative by the department
					 or a court regarding the source or unit.
(d) No CO2 budget
					 permit shall be issued, and no CO2 allowance tracking
					 system account shall be established for a CO2 budget
					 source, until the department or its agent has received a complete account
					 certificate of representation under section
					 242-2.4 
					 of this Subpart for a CO2 authorized account
					 representative of the source and the CO2 budget units at
					 the source.
(e) Each submission
					 under the CO2 Budget Trading Program shall be submitted,
					 signed, and certified by the CO2 authorized account
					 representative for each CO2 budget source on behalf of
					 which the submission is made. Each such submission shall include the following
					 certification statement by the CO2 authorized account
					 representative: "I am authorized to make this submission on behalf of the
					 owners and operators of the CO2 budget sources or
					 CO2 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."
(f) The department or its agent will accept
					 or act on a submission made on behalf of owners or operators of a
					 CO2 budget source or a CO2 budget
					 unit only if the submission has been made, signed, and certified in accordance
					 with subdivision (e) of this section.