Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 409 - Acid rain portion of operation permits
Section NR 409.07 - Designated representative
Universal Citation: WI Admin Code ยง NR 409.07
Current through August 26, 2024
(1) SUBMISSIONS.
(a) The designated representative shall
submit a certificate of representation, and any superseding certificate of
representation, to the administrator in accordance with subpart B of 40 CFR
part 72 and, concurrently, shall submit a copy to the department.
(b) Each submission under the acid rain
program shall be submitted, signed and certified by the designated
representative for all sources on behalf of which the submission is
made.
(c) In each submission under
the acid rain program, the designated representative shall certify, by his or
her signature:
1. The following statement,
which shall be included verbatim in the submission: "I am authorized to make
this submission on behalf of the owners and operators of the affected source or
affected units for which the submission is made."
2. The following statement, which shall be
included verbatim in the submission: "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."
(d) The
department shall accept or act on a submission made on behalf of owners or
operators of an affected source and an affected unit only if the submission has
been made, signed and certified in accordance with pars. (b) and (c).
(e) The designated representative of a source
shall serve notice on each owner and operator of the source and of an affected
unit at the source:
1. By the date of
submission, of any acid rain program submissions by the designated
representative;
2. Within 10
business days of receipt of a determination, of any written determination by
the administrator or the department; and
3. Provided that the submission or
determination covers the source or the unit.
(f) The designated representative of a source
shall provide each owner and operator of an affected unit at the source a copy
of any submission or determination under par. (e), unless the owner or operator
expressly waives the right to receive a copy.
(2) OBJECTIONS.
(a) Except as provided in
40
CFR 72.23, no objection or other
communication submitted to the administrator or the department concerning the
authorization, or any submission, action or inaction, of the designated
representative shall affect any submission, action or inaction of the
designated representative, or the finality of any decision by the department,
under the acid rain program. In the event of a communication, the department is
not required to stay any submission or the effect of any action or inaction
under the acid rain program.
(b)
The department may not adjudicate any private legal dispute concerning the
authorization or any submission, action or inaction of any designated
representative, including private legal disputes concerning the proceeds of
allowance transfers.
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