Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 140 - REGULATION FOR EMISSIONS TRADING PROGRAMS › Part I - NO[x] Budget Program for Nonelectric Generating Units › Article 2 - NO[x] Authorized Account Representative for NO[x] Budget Sources › Section 9VAC5-140-100 - Authorization and responsibilities of the NO[x] authorized account representative

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Except as provided under
					 9VAC5-140-110, 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 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
					 9VAC5-140-130, 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 Program, notwithstanding 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 permitting authority, the administrator, or a court
					 regarding the source or unit.
D. No
					 NOx Budget permit shall be issued for a
					 NOx Budget unit at a source until the administrator has
					 received a complete account certificate of representation under
					 9VAC5-140-130 for a
					 NOx authorized account representative of the source and
					 the NOx Budget units at the source.
E.
1. Each
					 submission under the NOx Budget 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."
2. The permitting authority 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 subdivision 1 of this
					 subsection.