7 Del. Admin. Code § 1147-2.0

Current through Register Vol. 28, No. 1, July 1, 2024

Section 1147-2.0 - CO[2] Authorized Account Representative for CO[2] Budget Sources

2.1 Authorization and responsibilities of the CO₂ authorized account representative.

2.1.1 Except as provided under subsection 2.2, 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.

2.1.2 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 subsection 2.4.

2.1.3 Upon receipt by the Department or its agent of a complete account certificate of representation under subsection 2.4, 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.

2.1.4 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 subsection 2.4 for a CO₂ authorized account representative of the source and the CO₂ budget units at the source.

2.1.5 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:

"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."

2.1.6 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 subsection 2.1.5.

2.2 CO₂ authorized alternate account representative.

2.2.1 An account certificate of representation may designate one and only one CO₂ authorized alternate account representative who may act on behalf of the CO₂ authorized account representative. The agreement by which the CO₂ authorized alternate account representative is selected shall include a procedure for authorizing the CO₂ authorized alternate account representative to act in lieu of the CO₂ authorized account representative.

2.2.2 Upon receipt by the Department or its agent of a complete account certificate of representation under subsection 2.4, any representation, action, inaction, or submission by the CO₂ authorized alternate account representative shall be deemed to be a representation, action, inaction, or submission by the CO₂ authorized account representative.

2.2.3 Except in subsections 2.1.1, 2.3, 2.4, and 6.2, whenever the term "CO₂ authorized account representative" is used in this regulation, the term shall be construed to include the CO₂ authorized alternate account representative.

2.3 Changing the CO₂ authorized account representative and the CO₂ authorized alternate account representative; changes in the owners and operators.

2.3.1Changing the CO₂ authorized account representative. The CO₂ authorized account representative may be changed at any time upon receipt by the Department or its agent of a superseding complete account certificate of representation under subsection 2.4. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CO₂ authorized account representative or CO₂ authorized alternate account representative prior to the time and date when the Department or its agent receives the superseding account certificate of representation shall be binding on the new CO₂ authorized account representative and the owners and operators of the CO₂ budget source and the CO₂ budget units at the source.

2.3.2Changing the CO₂ authorized alternate account representative. The CO₂ authorized alternate account representative may be changed at any time upon receipt by the Department or its agent of a superseding complete account certificate of representation under subsection 2.4. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous or CO₂ authorized alternate account representative or alternate CO₂ authorized account representative prior to the time and date when the Department or its agent receives the superseding account certificate of representation shall be binding on the new CO₂ authorized alternate account representative and the owners and operators of the CO₂ budget source and the CO₂ budget units at the source.

2.3.3Changes in the owners and operators.

2.3.3.1 In the event a new owner or operator of a CO₂ budget source or a CO₂ budget unit is not included in the list of owners and operators submitted in the account certificate of representation, such new owner or operator shall be deemed to be subject to and bound by the account certificate of representation, the representations, actions, inactions, and submissions of the CO₂ authorized account representative and any CO₂ authorized alternate account representative of the source or unit, and the decisions, orders, actions, and inactions of the Department, as if the new owner or operator were included in such list.

2.3.3.2 Within 30 days following any change in the owners and operators of a CO₂ budget source or a CO₂ budget unit, including the addition of a new owner or operator, the CO₂ authorized account representative or CO₂ authorized alternate account representative shall submit a revision to the account certificate of representation amending the list of owners and operators to include the change.

2.4 Account certificate of representation.

2.4.1 A complete account certificate of representation for a CO₂ authorized account representative or a CO₂ authorized alternate account representative shall include the following elements in a format prescribed by the Department or its agent:

2.4.1.1 Identification of the CO₂ budget source and each CO₂ budget unit at the source for which the account certificate of representation is submitted;

2.4.1.2 the name, address, e-mail address, telephone number, and facsimile transmission number of the CO₂ authorized account representative and any CO₂ authorized alternate account representative;

2.4.1.3 A list of the owners and operators of the CO₂ budget source and of each CO₂ budget unit at the source;

2.4.1.4 The following certification statement by the CO₂ authorized account representative and any CO₂ authorized alternate account representative:

"I certify that I was selected as the CO₂ authorized account representative or CO₂ authorized alternate account representative, as applicable, by an agreement binding on the owners and operators of the CO₂ budget source and each CO₂ budget unit at the source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the CO₂ Budget Trading Program on behalf of the owners and operators of the CO₂ budget source and of each CO₂ budget unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions and by any decision or order issued to me by the Department or a court regarding the source or unit."; and

2.4.1.5 The signature of the CO₂ authorized account representative and any CO₂ authorized alternate account representative and the dates signed.

2.4.2 Unless otherwise required by the Department or its agent, documents of agreement referred to in the account certificate of representation shall not be submitted to the Department or its agent. Neither the Department nor its agent shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

2.5 Objections concerning the CO₂ authorized account representative.

2.5.1 Once a complete account certificate of representation under subsection 2.4 has been submitted and received, the Department and its agent will rely on the account certificate of representation unless and until the Department or its agent receives a superseding complete account certificate of representation under subsection 2.4.

2.5.2 Except as provided in subsections 2.3.1 or 2.3.2, no objection or other communication submitted to the Department or its agent concerning the authorization, or any representation, action, inaction, or submission of the CO₂ authorized account representative shall affect any representation, action, inaction, or submission of the CO₂ authorized account representative or the finality of any decision or order by the Department or its agent under the CO₂ Budget Trading Program.

2.5.3 Neither the Department nor its agent will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CO₂ authorized account representative, including private legal disputes concerning the proceeds of CO₂ allowance transfers.

2.6 Delegation by CO₂ authorized account representative and CO₂ authorized alternate account representative

2.6.1 A CO₂ authorized account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Department or its agent under this regulation.

2.6.2 A CO₂ authorized alternate account representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Department or its agent under this regulation.

2.6.3 In order to delegate authority to make an electronic submission to the Department or its agent in accordance with subsections 2.6.1 and 2.6.2, the CO₂ authorized account representative or CO₂ authorized alternate account representative, as appropriate, must submit to the Department or its agent a notice of delegation, in a format prescribed by the Department that includes the following elements:

2.6.3.1 The name, address, e-mail address, telephone number, and facsimile transmission number of such CO₂ authorized account representative or CO₂ authorized alternate account representative;

2.6.3.2 The name, address, e-mail address, telephone number and facsimile transmission number of each such natural person, herein referred to as the "electronic submission agent";

2.6.3.3 For each such natural person, a list of the type of electronic submissions under subsections 2.6.1 or 2.6.2 for which authority is delegated to him or her; and

2.6.3.4 The following certification statements by such CO₂ authorized account representative or CO₂ authorized alternate account representative:

2.6.3.4.1"I agree that any electronic submission to the Department or its agent that is by a natural person identified in this notice of delegation and of a type listed for such electronic submission agent in this notice of delegation and that is made when I am a CO₂ authorized account representative or CO₂ authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under CO₂ Budget Trading Program shall be deemed to be an electronic submission by me."

2.6.3.4.2"Until this notice of delegation is superseded by another notice of delegation under the CO₂ Budget Trading Program, I agree to maintain an e-mail account and to notify the Department or its agent immediately of any change in my e-mail address unless all delegation authority by me under the CO₂ Budget Trading Program is terminated."

2.6.4 A notice of delegation submitted under subsection 2.6.3 shall be effective, with regard to the CO₂ authorized account representative or CO₂ authorized alternate account representative identified in such notice, upon receipt of such notice by the Department or its agent and until receipt by the Department or its agent of a superseding notice of delegation by such CO₂ authorized account representative or CO₂ authorized alternate account representative as appropriate. The superseding notice of delegation may replace any previously identified electronic submission agent, add a new electronic submission agent, or eliminate entirely any delegation of authority.

2.6.5 Any electronic submission covered by the certification in subsection 2.6.3.4.1 and made in accordance with a notice of delegation effective under subsection 2.6.4 shall be deemed to be an electronic submission by the CO₂ authorized account representative or CO₂ authorized alternate account representative submitting such notice of delegation.

2.6.6 A CO₂ authorized account representative may delegate, to one or more natural persons, his or her authority to review information in the CO₂ allowance tracking system under this section.

2.6.7 A CO₂ authorized alternate account representative may delegate, to one or more natural persons, his or her authority to review information in the CO₂ allowance tracking system under this section.

2.6.8 In order to delegate authority to review information in the CO₂ allowance tracking system in accordance with subsections 2.6.6 and 2.6.7 of this section, the CO₂ authorized account representative or CO₂ authorized alternate account representative, as appropriate, must submit to the Department or its agent a notice of delegation, in a format prescribed by the Department that includes the following elements:

2.6.8.1 The name, address, e-mail address, telephone number, and facsimile transmission number of such CO2 authorized account representative or CO₂ authorized alternate account representative;

2.6.8.2 The name, address, e-mail address, telephone number and facsimile transmission number of each such natural person, herein referred to as the "reviewer";

2.6.8.3 For each such natural person, a list of the type of information under subsections 2.6.6 or 2.6.7 for which authority is delegated to him or her; and

2.6.8.4 The following certification statements by such CO₂ authorized account representative or CO₂ authorized alternate account representative:

2.6.8.4.1 "I agree that any information that is reviewed by a natural person identified in this notice of delegation and of a type listed for such in-formation accessible by the reviewer in this notice of delegation and that is made when I am a CO₂ authorized account representative or CO₂ authorized alternate account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under subsection 2.6.9 shall be deemed to be a re-viewer by me."

2.6.8.4.2 "Until this notice of delegation is superseded by another notice of delegation under subsection 2.6.9, I agree to maintain an e-mail account and to notify the Department or its agent immediately of any change in my e-mail address unless all delegation authority by me under subsection 2.6 is terminated."

2.6.9 A notice of delegation submitted under subsection 2.6.8 shall be effective, with regard to the CO₂ authorized account representative or CO₂ authorized alternate account representative identified in such notice, upon receipt of such notice by the Department or its agent and until receipt by the Department or its agent of a superseding notice of delegation by such CO₂ authorized account representative or CO₂ authorized alternate account representative as appropriate. The superseding notice of delegation may replace any previously identified reviewer, add a new reviewer, or eliminate entirely any delegation of authority.

12/11/18

7 Del. Admin. Code § 1147-2.0

22 DE Reg. 511 (12/1/2018) (Final)