Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTION › Subchapter A - NO[x] BUDGET TRADING PROGRAM › NO[x] ACCOUNT › Section 145.10 - Authorization and responsibilities of the NO[x] authorized account representative

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Except as provided under §
													145.11 (relating to alternate
						  NOx authorized account representative), each
						  NOx budget source, including all
						  NOx budget units at the source, shall have 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 Department and the
						  NOx Budget Administrator of a complete account
						  certificate of representation under §
													145.13 (relating to account
						  certificate of representation), the NOx authorized
						  account representative of the source shall represent and, by his
						  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 the 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) A NOx Allowance
						  Tracking System account will not be established for a
						  NOx budget unit at a source, until the Department and
						  the NOx Budget Administrator have received a complete
						  account certificate of representation under § 145.13 for a
						  NOx authorized account representative of the source and
						  the NOx budget units at the source.
(e) Document submission requirements are as
						  follows:
(1) 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 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."
(2) The Department and
						  NOx Budget 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 paragraph
						  (1).