Ohio Admin. Code 3745-103-06 - Designated representative
[Comment: For dates and availability of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-103-01 of the Administrative Code titled "Referenced materials."]
(A) Submissions.
(1) 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.
(2) In each submission under
the acid rain program, the designated representative shall certify, by the
representative's signature, the following statements,
which shall be included verbatim in such submission :
(a)
The following
statement, which shall be included verbatim in such submission: "I am
authorized to make this submission on behalf of the owners and operators of the
source or units for which the submission is made."
(b)
The following
statement, which shall be included verbatim in such submission: "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."
(3) The director shall 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 0
(A)(1) and (A)(2) of this rule.
(4) 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 all of the following:
(a)
By the date of submission, of any acid rain program submissions by the
designated representative.
(b)
Within ten business days of receipt of a determination, of any written
determination by the USEPA or the Ohio EPA.
(c) Provided that the submission or
determination covers the source or the unit.
(5) 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 paragraph (A)(4) of this rule, 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 USEPA or the director concerning the authorization, or any
representation, action, inaction, or submission of the designated
representative shall affect any representation, action, inaction, or submission
of the designated representative, or the finality of any decision by the Ohio
EPA, under the acid rain program. In the event of such communication, the
director is not required to stay any submission or the effect of any action or
inaction under the acid rain program.
(2) The director shall 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.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/10/1997, 01/12/2007, 11/10/2011, 10/20/2017
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