[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR72.22]

[Page 39-40]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 72--PERMITS REGULATION--Table of Contents
 
                  Subpart B--Designated Representative
 
Sec. 72.22  Alternate designated representative.

    (a) The certificate of representation may designate one and only one 
alternate designated representative, who may act on behalf of the 
designated representative. The agreement by which the alternate 
designated representative is selected shall include a procedure for the 
owners and operators of the source and affected units at the source to 
authorize the alternate designated representative to act in lieu of the 
designated representative.
    (b) Upon receipt by the Administrator of a complete certificate of 
representation that meets the requirements of Sec. 72.24 (including 
those applicable to the alternate designated representative), any 
action, representation, or failure to act by the alternate designated 
representative shall be deemed to be an action, representation, or 
failure to act by the designated representative.
    (c) In the event of a conflict, any action taken by the designated 
representative shall take precedence over any action taken by the 
alternate designated representative if, in the Administrator's 
judgement, the actions are concurrent and conflicting.
    (d) Except in this section, Sec. 72.23, and Sec. 72.24, whenever the 
term ``designated representative'' is used under the Acid Rain Program, 
the term shall be construed to include the alternate designated 
representative.
    (e)(1) Notwithstanding paragraph (a) of this section, the 
certification of representation may designate two alternate designated 
representatives for a unit if:
    (i) The unit and at least one other unit, which are located in two 
or more of the contiguous 48 States or the District of Columbia, each 
have a utility system that is a subsidiary of the same company; and
    (ii) The designated representative for the units under paragraph 
(e)(1)(i) of this section submits a NOX averaging plan under 
Sec. 76.11 of this chapter that covers such units and is approved by the 
permitting authority, provided that the approved plan remains in effect.
    (2) Except in this paragraph (e), whenever the term ``alternate 
designated representative'' is used under the Acid Rain Program, the 
term shall be construed to include either of the alternate designated 
representatives authorized under this paragraph (e). Except in this 
section, Sec. 72.23, and Sec. 72.24, whenever the term ``designated 
representative'' is used under the Acid

[[Page 40]]

Rain Program, the term shall be construed to include either of the 
alternate designated representatives authorized under this paragraph 
(e).

[58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997]