[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR97.12]
[Page 711]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 97--FEDERAL NOX BUDGET TRADING PROGRAM--Table of Contents
Subpart B--NOX Authorized Account Representative for
NOX Budget Sources
Sec. 97.12 Changing NOX authorized account representative and alternate NOX authorized account representative; changes in owners and
operators.
(a) Changing NOX authorized account representative. The
NOX authorized account representative may be changed at any
time upon receipt by the Administrator of a superseding complete account
certificate of representation under Sec. 97.13. Notwithstanding any such
change, all representations, actions, inactions, and submissions by the
previous NOX authorized account representative prior to the
time and date when the Administrator receives the superseding account
certificate of representation shall be binding on the new NOX
authorized account representative and the owners and operators of the
NOX Budget source and the NOX Budget units at the
source.
(b) Changing alternate NOX authorized account
representative. The alternate NOX authorized account
representative may be changed at any time upon receipt by the
Administrator of a superseding complete account certificate of
representation under Sec. 97.13. Notwithstanding any such change, all
representations, actions, inactions, and submissions by the previous
alternate NOX authorized account representative prior to the
time and date when the Administrator receives the superseding account
certificate of representation shall be binding on the new alternate
NOX authorized account representative and the owners and
operators of the NOX Budget source and the NOX
Budget units at the source.
(c) Changes in owners and operators. (1) In the event a new owner or
operator of a NOX Budget source or a NOX Budget
unit is not included in the list of owners and operators submitted in
the account certificate of representation under Sec. 97.13, such new
owner or operator shall be deemed to be subject to and bound by the
account certificate of representation, the representations, actions,
inactions, and submissions of the NOX authorized account
representative and any alternate NOX authorized account
representative of the source or unit, and the decisions, orders,
actions, and inactions of the permitting authority or the Administrator,
as if the new owner or operator were included in such list.
(2) Within 30 days following any change in the owners and operators
of a NOX Budget source or a NOX Budget unit,
including the addition of a new owner or operator, the NOX
authorized account representative or alternate NOX authorized
account representative shall submit a revision to the account
certificate of representation under Sec. 97.13 amending the list of
owners and operators to include the change.