[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: 40CFR74.4]

[Page 178-179]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 74--SULFUR DIOXIDE OPT-INS--Table of Contents
 
                    Subpart A--Background and Summary
 
Sec. 74.4  Designated representative.

    (a) The provisions of subpart B of part 72 of this chapter shall 
apply to the designated representative of an opt-in source.
    (b) If a combustion or process source is located at the same source 
as one or more affected units, the combustion or process source shall 
have the same designated representative as the other affected units at 
the source.
    (c)(1) Notwithstanding paragraph (b) of this section, a certifying 
official of a combustion or process source that is located at the same 
source as one or more affected utility units and that, on the date on 
which an initial opt-in permit application is submitted for such 
combustion or process source and thereafter, does not serve a generator 
that produces electricity for sale may elect to designate, for such 
combustion or process source, a different designated representative than 
the designated representative for the affected utility units.
    (2) In order to make such an election, the certifying official shall 
submit to the Administrator, in a format prescribed by the 
Administrator: a certification that the combustion or process source for 
which the election is made meets each of the requirements for election 
in paragraph (c)(1) of this section; and a certificate of representation 
for the designated representative of the combustion or process source in 
accordance with Sec. 72.24 of this chapter. The Administrator will rely 
on such certificate of representation in accordance with Sec. 72.25 of 
this chapter, unless the Administrator determines that the requirements 
for election in paragraph (c)(1) of this section are not met. If, after 
the election is made, the requirements for election in paragraph (c)(1) 
of this section are no longer met, the election shall automatically 
terminate on the first date on which the requirements are no longer met 
and, within 30

[[Page 179]]

days of that date, a certificate of representation for the designated 
representative of the combustion or process source shall be submitted 
consistent with paragraph (b) of this section.

[60 FR 17115, Apr. 4, 1995, as amended at 63 FR 18841, Apr. 16, 1998]