[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: 40CFR72.24]

[Page 40-41]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 72--PERMITS REGULATION--Table of Contents
 
                  Subpart B--Designated Representative
 
Sec. 72.24  Certificate of representation.

    (a) A complete certificate of representation for a designated 
representative or an alternate designated representative shall include 
the following elements in a format prescribed by the Administrator:
    (1) Identification of the affected source and each affected unit at 
the source for which the certificate of representation is submitted.
    (2) The name, address, and telephone and facsimile numbers of the 
designated representative and any alternate designated representative.
    (3) A list of the owners and operators of the affected source and of 
each affected unit at the source.
    (4) The following statement: ``I certify that I was selected as the 
`designated representative' or `alternate designated representative,' as 
applicable, by an agreement binding on the owners and operators of the 
affected source and each affected unit at the source.''
    (5) The following statement: ``I certify that I have given notice of 
the agreement, selecting me as the `designated representative' for the 
affected source and each affected unit at the source identified in this 
certificate of representation, in a newspaper of general circulation in 
the area where the source is located or in a State publication designed 
to give general public notice.''
    (6) The following statement: ``I certify that I have all necessary 
authority to carry out my duties and responsibilities under the Acid 
Rain Program on behalf of the owners and operators of the affected 
source and of each affected unit at the source and that each such owner 
and operator shall be fully

[[Page 41]]

bound by my actions, inactions, or submissions.''
    (7) The following statement: ``I certify that I shall abide by any 
fiduciary responsibilities imposed by the agreement by which I was 
selected as `designated representative' or `alternate designated 
representative', as applicable.''
    (8) The following statement: ``I certify that the owners and 
operators of the affected source and of each affected unit at the source 
shall be bound by any order issued to me by the Administrator, the 
permitting authority, or a court regarding the source or unit.''
    (9) The following statement: ``Where there are multiple holders of a 
legal or equitable title to, or a leasehold interest in, an affected 
unit, or where a utility or industrial customer purchases power from an 
affected unit under life-of-the-unit, firm power contractual 
arrangements, I certify that:
    (i) ``I have given a written notice of my selection as the 
`designated representative' or `alternate designated representative', as 
applicable, and of the agreement by which I was selected to each owner 
and operator of the affected source and of each affected unit at the 
source; and
    (ii) ``Allowances and proceeds of transactions involving allowances 
will be deemed to be held or distributed in proportion to each holder's 
legal, equitable, leasehold, or contractual reservation or entitlement 
or, if such multiple holders have expressly provided for a different 
distribution of allowances by contract, that allowances and the proceeds 
of transactions involving allowances will be deemed to be held or 
distributed in accordance with the contract.''
    (10) If an alternate designated representative is authorized in the 
certificate of representation, the following statement: ``The agreement 
by which I was selected as the alternate designated representative 
includes 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.''
    (11) The signature of the designated representative and any 
alternate designated representative who is authorized in the certificate 
of representation and the date signed.
    (b) Unless otherwise required by the Administrator or the permitting 
authority, documents of agreement or notice referred to in the 
certificate of representation shall not be submitted to the 
Administrator or the permitting authority. Neither the Administrator nor 
the permitting authority shall be under any obligation to review or 
evaluate the sufficiency of such documents, if submitted.

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