Current through Register Vol. 24-06, March 15, 2024
(1)
General. Except as provided under subsection (6) of this section,
each reporter that is subject to this chapter, must have one and only one
designated representative, who must be responsible for certifying, signing, and
submitting GHG emissions reports and any other submissions for such reporter
respectively to ecology under this chapter. If the reporter is required to
submit a GHG emissions report to EPA under 40 C.F.R. Part 98 , that designated
representative must also be the designated representative responsible for
certifying, signing, and submitting GHG emissions reports to ecology under this
chapter.
(2)
Authorization of
a designated representative. The designated representative of the
reporter must be an individual selected by an agreement binding on the owners
and operators of such reporter and must act in accordance with the
certification statement in subsection (9)(d) of this section.
(3)
Responsibility of the designated
representative. Upon receipt by ecology of a complete certificate of
representation under this section for a reporter, the designated representative
identified in such certificate of representation must represent and, by his or
her representations, actions, inactions, or submissions, legally bind each
owner and operator of such reporter in all matters pertaining to this chapter,
notwithstanding any agreement between the designated representative and such
owners and operators. The owners and operators must be bound by any decision or
order issued to the designated representative by ecology, pollution control
hearings board, or a court.
(4)
Timing. No GHG emissions report or other submissions under this
chapter for a reporter will be accepted until ecology has received a complete
certificate of representation under this section for a designated
representative of the reporter. Such certificate of representation must be
submitted at least 60 calendar days before the deadline for submission of the
reporter's initial emission report under this chapter.
(5)
Certification of the GHG emissions
report. Each GHG emission report and any other submission under this
chapter for a reporter must be certified, signed, and submitted by the
designated representative or any alternate designated representative of the
reporter in accordance with this section and
40
C.F.R. §
3.10 as adopted on October 13,
2005.
(a) Each such submission must include
the following certification statement signed by the designated representative
or any alternate designated representative: "I am authorized to make this
submission on behalf of the owners and operators of the reporter, as
applicable, 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 attachments. Based 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 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."
(b) Ecology will
accept a GHG emission report or other submission for a reporter under this
chapter only if the submission is certified, signed, and submitted in
accordance with this section.
(6)
Alternate designated
representative. A certificate of representation under this section for a
reporter may designate one alternate designated representative, who must be an
individual selected by an agreement binding on the owners and operators, and
may act on behalf of the designated representative, of such reporter. The
agreement by which the alternate designated representative is selected must
include a procedure for authorizing the alternate designated representative to
act in lieu of the designated representative.
(a) Upon receipt by ecology of a complete
certificate of representation under this section for a reporter identifying an
alternate designated representative:
(i) The
alternate designated representative may act on behalf of the designated
representative for such reporter.
(ii) Any representation, action, inaction, or
submission by the alternate designated representative must be deemed to be a
representation, action, inaction, or submission by the designated
representative.
(b)
Except in this section, whenever the term "designated representative" is used
in this chapter, the term must be construed to include the designated
representative or any alternate designated representative.
(7)
Changing a designated
representative or alternate designated representative. The designated
representative or alternate designated representative identified in a complete
certificate of representation under this section for a reporter received by
ecology may be changed at any time upon receipt by ecology of another later
signed, complete certificate of representation under this section for the
reporter. Notwithstanding any such change, all representations, actions,
inactions, and submissions by the previous designated representative or the
previous alternate designated representative of the reporter before the time
and date when ecology receives such later signed certificate of representation
must be binding on the new designated representative and the owners and
operators of the reporter.
(8)
Changes in owners and operators. In the event an owner or operator
of the reporter is not included in the list of owners and operators in the
certificate of representation under this section for the reporter, such owner
or operator must be deemed to be subject to and bound by the certificate of
representation, the representations, actions, inactions, and submissions of the
designated representative and any alternate designated representative of the
reporter, as if the owner or operator were included in such list. Within 90
calendar days after any change in the owners and operators of the reporter
(including the addition of a new owner or operator), the designated
representative or any alternate designated representative must submit a
certificate of representation that is complete under this section except that
such list must be amended to reflect the change. If the designated
representative or alternate designated representative determines at any time
that an owner or operator of the reporter is not included in such list and such
exclusion is not the result of a change in the owners and operators, the
designated representative or any alternate designated representative must
submit, within 90 calendar days of making such determination, a certificate of
representation that is complete under this section except that such list must
be amended to include such owner or operator.
(9)
Certificate of representation.
A certificate of representation shall be complete if it includes the
following elements in a format prescribed by ecology in accordance with this
section:
(a) Identification of the reporter
for which the certificate of representation is submitted.
(b) The name, organization name (company
affiliation-employer), address, email address (if any), telephone number, and
facsimile transmission number (if any) of the designated representative and any
alternate designated representative.
(c) A list of the owners and operators of the
reporter identified in (a) of this subsection, provided that, if the list
includes the operators of the reporter and the owners with control of the
reporter, the failure to include any other owners must not make the certificate
of representation incomplete.
(d)
The following certification statements by the designated representative and any
alternate designated representative:
(i) "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 facility, supplier, or electric power entity, as
applicable."
(ii) "I certify that I
have all the necessary authority to carry out my duties and responsibilities
under chapter 173-441 WAC on behalf of the owners and operators of the
facility, sup-plier, or electric power entity, as applicable, and that each
such owner and operator must be fully bound by my representations, actions,
inactions, or submissions."
(iii)
"I certify that the owners and operators of the facility, supplier, or electric
power entity, as applicable, must be bound by any order issued to me by
ecology, the pollution control hearings board, or a court regarding the
reporter."
(iv) "If there are
multiple owners and operators of the facility or multiple suppliers, as
applicable, I certify that 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 facility and each supplier."
(e) The signature of the designated
representative and any alternate designated representative and the dates
signed.
(10)
Documents of agreement. Unless otherwise required by ecology,
documents of agreement referred to in the certificate of representation shall
not be submitted to ecology. Ecology shall not be under any obligation to
review or evaluate the sufficiency of such documents, if submitted.
(11)
Binding nature of the certificate
of representation. Once a complete certificate of representation under
this section for a reporter has been received, ecology will rely on the
certificate of representation unless and until a later signed, complete
certificate of representation under this section for the reporter is received
by ecology.
(12)
Objections
concerning a designated representative.
(a) Except as provided in subsection (7) of
this section, no objection or other communication submitted to ecology
concerning the authorization, or any representation, action, inaction, or
submission, of the designated representative or alternate designated
representative must affect any representation, action, inaction, or submission
of the designated representative or alternate designated representative, or the
finality of any decision or order by ecology under this chapter.
(b) Ecology will not adjudicate any private
legal dispute concerning the authorization or any representation, action,
inaction, or submission of any designated representative or alternate
designated representative.
(13)
Delegation by designated
representative and alternate designated representative.
(a) A designated representative or an
alternate designated representative may delegate his or her own authority, to
one or more individuals, to submit an electronic submission to ecology provided
for or required under this chapter, except for a submission under this
subsection.
(b) In order to
delegate his or her own authority, to one or more individuals, to submit an
electronic submission to ecology in accordance with (a) of this subsection, the
designated representative or alternate designated representative must submit
electronically to ecology a notice of delegation, in a format prescribed by
ecology, that includes the following elements:
(i) The name, organization name (company
affiliation-employer), address, email address (if any), telephone number, and
facsimile transmission number (if any) of such designated representative or
alternate designated representative.
(ii) The name, address, email address,
telephone number, and facsimile transmission number (if any) of each such
individual (referred to as an "agent").
(iii) For each such individual, a list of the
type or types of electronic submissions under (a) of this subsection for which
authority is delegated to him or her.
(iv) For each type of electronic submission
listed in accordance with subsection (13)(b)(iii) of this section, the reporter
for which the electronic submission may be made.
(v) The following certification statements by
such designated representative or alternate designated representative:
(A) "I agree that any electronic submission
to ecology that is by an agent identified in this notice of delegation and of a
type listed, and for a reporter designated, for such agent in this notice of
delegation and that is made when I am a designated representative or alternate
designated representative, as applicable, and before this notice of delegation
is superseded by another notice of delegation under WAC 173-441-060(13)(c) must
be deemed to be an electronic submission certified, signed, and submitted by
me."
(B) "Until this notice of
delegation is superseded by a later signed notice of delegation under WAC
173-441-060(13)(c), I agree to maintain an email account and to notify ecology
immediately of any change in my email address unless all delegation of
authority by me under WAC 173-441-060(13) is terminated."
(vi) The signature of such designated
representative or alternate designated representative and the date
signed.
(c) A notice of
delegation submitted in accordance with (b) of this subsection must be
effective, with regard to the designated representative or alternate designated
representative identified in such notice, upon receipt of such notice by
ecology and until receipt by ecology of another such notice that was signed
later by such designated representative or alternate designated representative,
as applicable. The later signed notice of delegation may replace any previously
identified agent, add a new agent, or eliminate entirely any delegation of
authority.
(d) Any electronic
submission covered by the certification in (b)(v)(A) of this subsection and
made in accordance with a notice of delegation effective under (c) of this
subsection must be deemed to be an electronic submission certified, signed, and
submitted by the designated representative or alternate designated
representative submitting such notice of delegation.
Statutory Authority: 2010 c 146, and chapters 70.235 and
70.94 RCW. 10-24-108 (Order 10-08),
§ 173-441-060, filed 12/1/10, effective
1/1/11.