Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 156 - CO[2] BUDGET TRADING PROGRAM
Section 096-156-6 - CO[2] Authorized Account Representative Provisions
Universal Citation: 06 ME Code Rules ยง 096-156-6
Current through 2024-38, September 18, 2024
A. Authorization and responsibilities.
(1) Except as
provided under subsection 6(B) of this Chapter, each CO2
budget source, including all CO2 budget units at the
source, shall have one and only one CO2 authorized
account representative, with regard to all matters under the
CO2 Budget Trading Program concerning the source or any
CO2 budget unit at the source.
(2) The CO2 authorized
account representative of the CO2 budget source shall be
designated in an agreement binding on the owners and operators of the source
and all CO2 budget units at the source, and must act in
accordance with the certificate of representation under section 6(D) of this
Chapter.
(3) Upon receipt by the
Department or its agent of a complete account certificate of representation
under subsection 6(D) of this Chapter, the CO2
authorized account representative of the source shall represent and, by his or
her representations, actions, inactions, or submissions, legally bind each
owner and operator of the CO2 budget source represented
and each CO2 budget unit at the source in all matters
pertaining to the CO2 Budget Trading Program,
notwithstanding any agreement between the CO2 authorized
account representative and such owners and operators. The owners and operators
shall be bound by any decision or order issued to the
CO2 authorized account representative by the Department
or a court regarding the source or unit.
(4) No CO2 budget
license shall be issued, and no CO2 Allowance Tracking
System account shall be established for a CO2 budget
source, until the Department or its agent has received a complete account
certificate of representation under subsection 6(D) of this Chapter for a
CO2 authorized account representative of the source and
all CO2 budget units at the source. Each submission
under the CO2 Budget Trading Programs hall be submitted,
signed, and certified by the CO2 authorized account
representative for each CO2 budget source on behalf of
which the submission is made.
(5)
Each such submission shall include the following certification statement by the
CO2 authorized account representative:" I am authorized
to make this submission on behalf of the owners and operators of the
CO2 budget sources or CO2 budget
units for which the submission is made. I certify under penalty of law that I
have personally examined, and am familiar with, the statements and information
submitted in this document and all its on my inquiry of those individuals with
primary responsibility for obtaining the information, I certify that the
statements and information are to the best of my attachments. Based Knowledge
and belief true, accurate, and complete. I am aware that there are significant
penalties for submitting false statements and information or omitting required
statements and information, including the possibility of fine or imprisonment."
(6) The Department or its agent
will accept or act on a submission made on behalf of owners or operators of a
CO2 budget source or a CO2 budget
unit only if the submission has been made, signed, and certified in accordance
with subsection 6(A)(5) of this Chapter.
B. CO2 authorized alternate account representative
(1) An account certificate of representation
may designate one and only one CO2 authorized alternate
account representative who may act on behalf of the CO2
authorized account representative. The agreement by which the
CO2 authorized alternate account representative is
selected shall include a procedure for authorizing the
CO2 authorized alternate account representative to act
in lieu of the CO2 authorized account representative.
(2) Upon receipt by the Department
or its agent of a complete account certificate of representation under
subsection 6(D) of this Chapter, any representation, action, inaction, or
submission by the CO2 authorized alternate account
representative shall be deemed to be a representation, action, inaction, or
submission by the CO2 authorized account representative.
(3) Except in this section and
subsections 6(A)(1), 6(C), 6(D), and
7(B) of this Chapter,
whenever the term "CO2 authorized account
representative" is used in this Chapter, the term shall be construed to include
the CO2 authorized alternate account representative.
C. Changing the account certificate of representation
(1) Changing the CO2
authorized account representative. The CO2 authorized
account representative may be changed at any time upon receipt by the
Department or its agent of a complete account certificate of representation
under subsection 6(D) of this Chapter super seding the certificate on file.
Notwithstanding any such change, all representations, actions, inactions, and
submissions by the previous CO2 authorized account
representative prior to the time and date when the Department or its agent
receives the superseding certificate shall be binding on the new
CO2 authorized account representative and the owners and
operators of the CO2 budget source and the
CO2 budget units at the source.
(2) Changing the CO2
authorized alternate account representative. The CO2
authorized alternate account representative may be changed at any
time upon receipt by the Department or its agent of a complete account
certificate of representation under subsection 6(D) of this Chapter superseding
the certificate on file. Not with standing any such change, all
representations, actions, inactions, and submissions by the previous alternate
CO2 authorized account representative prior to the time
and date when the Department or its agent receives the superseding account
certificate of representation shall be binding on the new
CO2 authorized alternate account representative and the
owners and operators of the CO2 budget source and the
CO2 budget units at the source.
(3) Changes in the owners or operators.
(a) In the event a new owner or operator of a
CO2 budget source or a CO2 budget
unit is not included in the list of owners and operators submitted in the
account certificate of representation, 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
CO2 authorized account representative and any
CO2 authorized alternate account representative of the
source or unit, and the decisions, orders, actions, and inactions of the
Department, as if the new owner or operator were included in such list.
(b) Within 30 days following any
change in the owners and operators of a CO2 budget
source or a CO2 budget unit, including the addition of a
new owner or operator, the CO2 authorized account
representative or CO2 authorized alternate account
representative shall submit a revision to the account certificate of
representation amending the list of owners and operators to include the change.
D. Account certificate of representation
(1) A complete account certificate of
representation for a CO2 authorized account
representative or a CO2 authorized alternate account
representative shall include the following elements in a format prescribed by
the Department or its agent:
(a)
identification of the CO2 budget source and each
CO2 budget unit at the source for which the account
certificate of representation is submitted;
(b) the name, address, e-mail address, and
telephone number of the CO2 authorized account
representative and any CO2 authorized alternate account
representative;
(c) a list of the
owners and operators of the CO2 budget source and of
each CO2 budget unit at the source;
(d) the following certification statement by
the CO2 authorized account representative and any
CO2 authorized alternate account representative: "I
certify that I was selected as the CO2 authorized
account representative or CO2 authorized alternate
account representative, as applicable, by an agreement binding on the owners
and operators of the CO2 budget source and each
CO2 budget unit at the source. I certify that I have all
the necessary authority to carry out my duties and responsibilities under the
CO2 Budget Trading Program on behalf of the owners and
operators of the CO2 budget source and of each
CO2 budget unit at the source and that each such owner
and operator shall be fully bound by my representations, actions, inactions, or
submissions and by any decision or order issued to me by the Department or a
court regarding the source or unit."; and
(e) the signature of the
CO2 authorized account representative or
CO2 authorized alternate account representative, as
applicable, and the dates signed.
(2) Unless otherwise required by the
Department or its agent, documents of agreement referred to in the account
certificate of representation shall not be submitted to the Department or its
agent. Neither the Department nor its agent shall be under any obligation to
review or evaluate the sufficiency of such documents if submitted.
E. Objections concerning the CO2 authorized account representative
(1) Once a complete account certificate of
representation under subsection 6(D) of this Chapter has been submitted and
received, the Department and its agent will rely on the account certificate of
representation unless and until the Department or its agent receives a
superseding complete account certificate of representation under subsection
6(D) of this Chapter.
(2) Except as
provided in subsections 6(C)(1) or (2) of this Chapter, no objection or other
communication submitted to the Department or its agent concerning the
authorization, or any representation, action, inaction, or submission of the
CO2 authorized account representative shall affect any
representation, action, inaction, or submission of the
CO2 authorized account representative or the finality of
any decision or order by the Department or its agent under the
CO2 Budget Trading Program.
(3) Neither the Department nor its agent will
adjudicate any private legal dispute concerning the authorization or any
representation, action, inaction, or submission of any
CO2 authorized account representative, including private
legal disputes concerning the proceeds of CO2 allowance
transfers.
F. Delegation of account representative responsibilities
(1) A CO2 authorized
account representative may delegate, to one or more natural persons, his or her
authority to make an electronic submission to the Department or its agent under
this Chapter.
(2) A
CO2 authorized alternate account representative may
delegate, to one or more natural persons, his or her authority to make an
electronic submission to the Department or its agent under this Chapter.
(3) In order to delegate authority
to make an electronic submission to the Department or its agent in accordance
with subsections 6(F)(1) and (2) of this Chapter, the
CO2 authorized account representative or
CO2 authorized alternate account representative, as
appropriate, must submit to the Department or its agent a notice of delegation,
in a format prescribed by the Department, that includes the following elements:
(a) The name, address, e-mail address, and
telephone number of such CO2 authorized account
representative or CO2 authorized alternate account
representative;
(b) The name,
address, e-mail address, and telephone number of each natural person to whom
submission authority is delegated as described in subsection 6(F)(1) or 6(F)(2)
of this Chapter, here in referred to as the "electronic submission agent";
(c) For each electronic submission
agent, a list of the type of electronic submissions under either subsection
6(F)(1) or 6(F)(2) of this Chapter for which authority is delegated to him or
her; and
(d) The following
certification statements by such CO2 authorized account
representative or CO2 authorized alternate account
representative:
(i) "I agree that any
electronic submission to the Department or its agent that is made by an
electronic submission agent identified in this notice of delegation and that is
of a type listed for that agent in this notice, and that is made while I am the
CO2authorized account representative (or
CO2 authorized alternate account representative, as
appropriate), and before this notice of delegation is superseded by another
notice of delegation under subsection 6(F)(4) of the Department's Rules,
06-096, Chapter 156, "CO2 Budget Trading Program, "shall
be deemed to be an electronic submission by me."
(ii) "Until this notice of delegation is
superseded by another notice of delegation under subsection 6(F)(4) of the
Department's Rules, 06-096, Chapter 156, "CO2 Budget
Trading Program," I agree to maintain an e-mail account and to notify the
Department or its agent immediately of any change in my e-mail address unless
all delegation authority by me under subsection 6(F) of Chapter 156 is
terminated."
(4) A notice of delegation submitted under
subsection 6(F)(3) of this Chapter shall be effective, with regard to the
CO2 authorized account representative or
CO2 authorized alternate account representative
identified in such notice, upon receipt of such notice by the Department or its
agent and until receipt by the Department or its agent of a notice of
delegation by such CO2 authorized account representative
or CO2 authorized alternate account representative as
appropriate, superseding the notice on file. The superseding notice of
delegation may replace any previously identified electronic submission agent,
add one or more new electronic submission agents, or eliminate entirely any
delegation of authority.
(5) Any
electronic submission covered by the certification in subsection 6(F)(3)(d)(i)
of this Chapter and made in accordance with a notice of delegation effective
under subsection 6(F)(4) of this Chapter shall be deemed to be an electronic
submission by the CO2 authorized account representative
or CO2 authorized alternate account representative
submitting such notice of delegation.
(6) A CO2 authorized
account representative may delegate, to one or more natural persons, his or her
authority to review information in the CO2Allowance
Tracking System under this Chapter.
(7) A CO2 authorized
alternate account representative may delegate, to one or more natural persons,
his or her authority to review information in the
CO2Allowance Tracking System under this
Chapter.
(8) In order to delegate
authority to review information in the CO2Allowance
Tracking System in accordance with subsections 6(F)(6) and 6(F)(7) of this
Chapter, the CO2 authorized account representative or
CO2 authorized alternate account representative, as
appropriate, must submit to the Department or its agent a notice of delegation,
in a format prescribed by the Department, that includes the following elements:
(a) The name, address, e-mail address, and
telephone number of such CO2 authorized account
representative or CO2 authorized alternate account
representative;
(b) The name,
address, e-mail address, and telephone number of each such natural person to
whom authority is delegated under subsections 6(F)(6) and 6(F)(7) of this
Chapter, herein referred to as the "reviewer";
(c) For each such reviewer, a list of the
type of information for which review authority is delegated to him or her under
subsection 6(F)(6) or 6(F)(7) of this Chapter; and
(d) The following certification statements by
the CO2 authorized account representative or
CO2 authorized alternate account representative
delegating the review authority:
(i) "I agree
that any information that is reviewed by a reviewer identified in this notice
of delegation, and that is of a type listed for such reviewer in this notice,
and that is reviewed while I am the CO2 authorized
account representative (or CO2 authorized alternate
account representative, as appropriate), and before this notice of delegation
is superseded by another notice of delegation under subsection 6(F)(9) of the
Department's Rules, 06-096, Chapter 156, "CO2 Budget
Trading Program "shall be deemed to have been reviewed by me."
(ii) "Until this notice of delegation is
superseded by another notice of delegation under subsection 6(F)(9) of the
Department's rules, 06-096, Chapter 156, "CO2 Budget
Trading Program," I agree to maintain an e-mail account and to notify the
Department or its agent immediately of any change in my e-mail address unless
all delegation authority granted to me under subsections 6(F)(6) and 6(F)(7) of
Chapter 156 is terminated."
(9) A notice of delegation submitted under
subsection 6(F)(8) of this Chapter shall be effective, with regard to the
CO2 authorized account representative or
CO2 authorized alternate account representative
identified in such notice, upon receipt of such notice by the Department or its
agent and until receipt by the Department or its agent of a notice of
delegation by such CO2 authorized account representative
or CO2 authorized alternate account representative as
appropriate superseding the notice on file. The superseding notice of
delegation may replace any previously identified reviewer, add one or more new
reviewers, or eliminate entirely any delegation of authority.
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