[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]