Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-060 - Authorization and responsibilities of the designated representative

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
Except as provided under subsection (6) of this section,
			 each reporter that is subject to this chapter, must have one and only one
			 designated representative, who must be responsible for certifying, signing, and
			 submitting GHG emissions reports and any other submissions for such reporter
			 respectively to ecology under this chapter. If the reporter is required to
			 submit a GHG emissions report to EPA under  40 C.F.R. Part 98, that designated
			 representative must also be the designated representative responsible for
			 certifying, signing, and submitting GHG emissions reports to ecology under this
			 chapter.
(2)
Authorization of
			 a designated representative.
The designated representative of the
			 reporter must be an individual selected by an agreement binding on the owners
			 and operators of such reporter and must act in accordance with the
			 certification statement in subsection (9)(d) of this section.
(3)
Responsibility of the designated
			 representative.
Upon receipt by ecology of a complete certificate of
			 representation under this section for a reporter, the designated representative
			 identified in such certificate of representation must represent and, by his or
			 her representations, actions, inactions, or submissions, legally bind each
			 owner and operator of such reporter in all matters pertaining to this chapter,
			 notwithstanding any agreement between the designated representative and such
			 owners and operators. The owners and operators must be bound by any decision or
			 order issued to the designated representative by ecology, pollution control
			 hearings board, or a court.
(4)
Timing.
No GHG emissions report or other submissions under this
			 chapter for a reporter will be accepted until ecology has received a complete
			 certificate of representation under this section for a designated
			 representative of the reporter. Such certificate of representation must be
			 submitted at least 60 calendar days before the deadline for submission of the
			 reporter's initial emission report under this chapter.
(5)
Certification of the GHG emissions
			 report.
Each GHG emission report and any other submission under this
			 chapter for a reporter must be certified, signed, and submitted by the
			 designated representative or any alternate designated representative of the
			 reporter in accordance with this section and
			 40
			 C.F.R. §
									3.10 as adopted on October 13,
			 2005.
(a) Each such submission must include
			 the following certification statement signed by the designated representative
			 or any alternate designated representative: "I am authorized to make this
			 submission on behalf of the owners and operators of the reporter, as
			 applicable, 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."
(b) Ecology will
			 accept a GHG emission report or other submission for a reporter under this
			 chapter only if the submission is certified, signed, and submitted in
			 accordance with this section.