N.M. Admin. Code § 20.11.46.12

Current through Register Vol. 35, No. 20, October 22, 2024

Section 20.11.46.12 - ACCOUNT REPRESENTATIVE FOR WEB SOURCES

Each WEB source must identify one account representative and may also identify an alternate account representative who may act on behalf of the account representative. Any representation, action, inaction or submission by the alternate account representative will be deemed to be a representation, action, inaction or submission by the account representative.

A. Identification and certification of an account representative.

(1) The account representative and any alternate account representative shall be appointed by written agreement that makes the representations, actions, inactions or submissions of the account representative and any alternate account representative, binding on the owners and operators of the WEB source. A copy of the agreement shall be provided to the department.

(2) The account representative shall submit to the department and the tracking system administrator a signed and dated account certificate of representation (certificate) that contains the following elements:

(a) identification of the WEB source by plant name, state, and an appropriate identification code in a format specified by the department;

(b) the name, address, e-mail (if available), telephone and facsimile number of the account representative and any alternate;

(c) a list of owners and operators of the WEB source;

(d) information to be part of the emission tracking system database that is established in accordance with Part C of the Section 309 Regional Haze StateImplementation Plan Element: Albuquerque - Bernalillo County, New Mexico; and the specific data elements shall be as specified by the department to be consistent with the data system structure, and may include basic facility information that may appear in other reports and notices submitted by the WEB source, such as county location, industrial classification codes, and similar general facility information; and

(e) the following certification statement: "I certify that I was selected as the account representative or alternate account representative, as applicable, by an agreement binding on the owners and operators of the WEB source. I certify that I have all the necessary authority to carry out my duties and responsibilities under the WEB trading program on behalf of the owners and operators of the WEB 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 regarding the WEB trading program."

(3) Upon receipt by the department of the complete certificate, the account representative and any alternate account representative represents and, by their representations, actions, inactions, or submissions, legally binds each owner and operator of the WEB source in all matters pertaining to the WEB trading program. The owners and operators shall be bound by any decision or order issued by the department regarding the WEB trading program.

(4) No WEB EATS account shall be established for the WEB source until the tracking system administrator has received a complete certificate. Once the account is established, the account representative shall make all submissions concerning the account, including the deduction or transfer of allowances.

B. Requirements and responsibilities.

(1) The responsibilities of the account representative include, but are not limited to, the transferring of allowances, and the submission of monitoring plans, registrations, certification applications, SO₂ emissions data and compliance reports as required by 20.11.46 NMAC, and representing the source in all matters pertaining to the WEB trading program.

(2) Each submission under this program shall be signed and certified by the account representative for the WEB source. Each submission shall include the following truth and accuracy certification statement by the account representative: "I am authorized to make this submission on behalf of the owners and operators of the WEB source 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."

C. Changing the account representative or owners and operators.

(1) Changes to the account representative or the alternate account representative. The account representative or alternate account representative may be changed at any time by sending a complete superseding certificate to the department and the tracking system administrator under Paragraph (3) of Subsection A of 20.11.46.12 NMAC, with the change taking effect upon receipt of such certificate by the department. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous account representative or alternate prior to the time and date when the tracking system administrator receives the superseding certificate shall be binding on the new account representative and the owners and operators of the WEB source.

(2) Changes in owners and operators.

(a) Within 30 days of any change in the owners and operators of the WEB source, including the addition of a new owner or operator, the account representative shall submit a revised certificate amending the list of owners and operators to include such change.

(b) In the event a new owner or operator of a WEB source is not included in the list of owners and operators submitted in the certificate, such new owner or operator shall be deemed to be subject to and bound by the certificate, the representations, actions, inactions, and submissions of the account representative of the WEB source, and the decisions, orders, actions, and inactions of the department as if the new owner or operator were included in such list.

N.M. Admin. Code § 20.11.46.12

20.11.46.12 NMAC - N, 12/31/03; A, 9/15/08; A, 5/16/11