Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.9 - CO[2] Authorized Account Representative for CO[2] Budget Sources

Current through June 14, 2024
46.9.1
Authorization and
				  responsibilities of the CO2 authorized account
				  representative
A. Except as provided
				  under §46.9.2 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 §46.9.5 of this
				  Part.
C. Upon receipt, by the
				  Department or its agent, of a complete account certificate of representation
				  under §46.9.5 of this Part, 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 §46.9.5 of this Part, 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:
1. "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 §46.9.1(E) of this
				  Part.