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 E - CO[2] BUDGET TRADING PROGRAM › CO[2] AUTHORIZED ACCOUNT REPRESENTATIVE FOR A CO[2] BUDGET SOURCE › Section 145.311 - Authorization and responsibilities of the CO[2] authorized account representative

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Except as provided under § 145.312 (relating to CO2
						  authorized alternate account representative), each CO2
						  budget source, including all CO2 budget units at the
						  source, shall have 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 owner or operator of the source and all
						  CO2 budget units at the source and must act in
						  accordance with the certificate of representation under §
													145.314 (relating to account
						  certificate of representation).
(c)
						  Upon receipt by the Department or its agent of a complete account certificate
						  of representation under § 145.314, the CO2
						  authorized account representative of the source shall represent and, by their
						  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 the owner or operator. The owner or operator 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) The Department will issue
						  a permit that incorporates the requirements of the CO2
						  Budget Trading Program and establish a COATS account for a
						  CO2 budget source only after the Department or its agent
						  has received a complete account certificate of representation under §
						  145.314 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 submission shall include the following
						  certification statement by the CO2 authorized account
						  representative:
"I am authorized to make this submission on behalf of
							 the owner or operator 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 under
							 18 Pa.C.S. §
															4904
							 (relating to unsworn falsification to authorities) for submitting false
							 statements and information or omitting required statements and
							 information."
(f) The
						  Department or its agent will accept or act on a submission made on behalf of
						  the owner or operator of a CO2 budget source or a
						  CO2 budget unit only if the submission has been made,
						  signed and certified in accordance with subsection (e).
This section cited in 25 Pa. Code §
															145.302 (relating to definitions);
								25 Pa. Code §
															145.312 (relating to
								CO2 authorized alternate account representative); and 25
								Pa. Code §
															145.375 (relating to recordkeeping
								and reporting).