N.M. Code R. § 20.11.62.13

Current through Register Vol. 35, No. 12, June 25, 2024

Section 20.11.62.13 - DESIGNATED REPRESENTATIVE

A. Submissions:

(1) The designated representative shall submit a certificate of representation, and any superseding certificate of representation, to the EPA in accordance with 40 CFR Part 72 Subpart B and, concurrently, shall submit a copy to the Department. Whenever the term "designated representative" is used in this Part, the term shall be construed to include the alternate designated representative.

(2) Each submission under the Acid Rain Program shall be submitted, signed, and certified by the designated representative for all sources on behalf of which the submission is made.

(3) In each submission under the Acid Rain Program, the designated representative shall certify, by his or her signature the following statements, which shall be included verbatim in such submission:

(a) "I am authorized to make this submission on behalf of the owners and operators of the affected source or affected units for which the submission is made",

(b) "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".

(4) The Department will accept or act on a submission made on behalf of owners or operators of an affected source and an affected unit only if the submission has been made, signed, and certified in accordance with Paragraphs (2) and (3), of Subsection A of 20.11.62.13 NMAC.

(a) The designated representative of a source shall serve notice on each owner and operator of the source and of an affected unit at the source:

(i) by the date of submission, of any Acid Rain Program submissions by the designated representative,

(ii) within 10 business days of receipt of a determination, of any written determination by the EPA or the Department, and

(iii) provided that the submission or determination covers the source or the unit.

(b) The designated representative of a source shall provide each owner and operator of an affected unit at the source a copy of any submission or determination under II.2.1.E.1 [Subparagraph (e), Paragraph (1), Subsection B of 20.11.62.12 NMAC], unless the owner or operator expressly waives the right to receive such a copy.

B. Objections:

(1) Except as provided in 40 CFR 72.23, no objection or other communication submitted to the EPA or the Department concerning the authorization, or any submission, action or inaction, of the designated representative shall affect any submission, action, or inaction of the designated representative, or the finality of any decision by the Department, under the Acid Rain Program. In the event of such communication, the Department is not required to stay any submission or the effect of any action or inaction under the Acid Rain Program.

(2) The Department will not adjudicate any private legal dispute concerning the authorization or any submission, action, or inaction of any designated representative, including private legal disputes concerning the proceeds of allowance transfers.

N.M. Code R. § 20.11.62.13

1/1/96; 20.11.62.13 NMAC - Rn, 20 NMAC 11.62.II.2, 10/1/02