NY.gov Portal State Agency Listing Search all of NY.gov
D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Subpart 243-2: CAIR Designated Representative for CAIR NOx Ozone Season Sources

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303,19-0305, 19-0311 and Energy Law §§ 3-101 and 3-103)

[Filed 9/19/07. Effective 10/19/07.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Air Quality Planning at (518) 402-8396 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§243-2.1 Authorization and responsibilities of CAIR designated representative

(a) Except as provided under section 243-2.2 of this Subpart, each CAIR NOx Ozone Season source, including all CAIR NOx Ozone Season units at the source, shall have one and only one CAIR designated representative, with regard to all matters under the CAIR NOx Ozone Season Trading Program concerning the source or any CAIR NOx Ozone Season unit at the source.

(b) The CAIR designated representative of the CAIR NOx Ozone Season source shall be selected by an agreement binding on the owners and operators of the source and all CAIR NOx Ozone Season units at the source and shall act in accordance with the certification statement in section 243-2.4(a)(4)(iv) of this Subpart.

(c) Upon receipt by the administrator of a complete certificate of representation under section 243-2.4 of this Subpart, the CAIR designated representative of the source shall represent and, by his or her representations, actions, inactions, or submissions, legally bind each owner and operator of the CAIR NOx Ozone Season source represented and each CAIR NOx Ozone Season unit at the source in all matters pertaining to the CAIR NOx Ozone Season Trading Program, notwithstanding any agreement between the CAIR designated representative and such owners and operators. The owners and operators shall be bound by any decision or order issued to the CAIR designated representative by the department, the administrator, or a court regarding the source or unit.

(d) No CAIR permit will be issued, no emissions data reports will be accepted, and no CAIR NOx Ozone Season Allowance Tracking System account will be established for a CAIR NOx Ozone Season unit at a source, until the administrator has received a complete certificate of representation under section 243-2.4 of this Subpart for a CAIR designated representative of the source and the CAIR NOx Ozone Season units at the source.

(e) (1) Each submission under the CAIR NOx Ozone Season Trading Program shall be submitted, signed, and certified by the CAIR designated representative for each CAIR NOx Ozone Season source on behalf of which the submission is made. Each such submission shall include the following certification statement by the CAIR designated representative: "I am authorized to make this submission on behalf of the owners and operators of the source or 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 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."

(2) The department and the administrator will accept or act on a submission made on behalf of the owners or operators of a CAIR NOx Ozone Season source or a CAIR NOx Ozone Season unit only if the submission has been made, signed, and certified in accordance with paragraph (1) of this subdivision.

§243-2.2 Alternate CAIR designated representative

(a) A certificate of representation under section 243-2.4 of this Subpart may designate one and only one alternate CAIR designated representative, who may act on behalf of the CAIR designated representative. The agreement by which the alternate CAIR designated representative is selected shall include a procedure for authorizing the alternate CAIR designated representative to act in lieu of the CAIR designated representative.

(b) Upon receipt by the administrator of a complete certificate of representation under section 243-2.4 of this Subpart, any representation, action, inaction, or submission by the alternate CAIR designated representative shall be deemed to be a representation, action, inaction, or submission by the CAIR designated representative.

(c) Except in this section and sections 243-1.2, 243-2.1(a) and (d), 243-2.3, 243-2.4, 243-2.6, 243-6.2, and 243-9.3 of this Part whenever the term CAIR designated representative is used in Subparts 243-1 through 243-9 of this Part, the term shall be construed to include the CAIR designated representative or any alternate CAIR designated representative.

§243-2.3 Changing CAIR designated representative and alternate CAIR designated representative; changes in owners and operators

(a) Changing CAIR designated representative. The CAIR designated representative may be changed at any time upon receipt by the administrator of a superseding complete certificate of representation under section 243-2.4 of this Subpart. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous CAIR designated representative before the time and date when the administrator receives the superseding certificate of representation shall be binding on the new CAIR designated representative and the owners and operators of the CAIR NOx Ozone Season source and the CAIR NOx Ozone Season units at the source.

(b) Changing alternate CAIR designated representative. The alternate CAIR designated representative may be changed at any time upon receipt by the administrator of a superseding complete certificate of representation under section 243-2.4 of this Subpart. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate CAIR designated representative before the time and date when the administrator receives the superseding certificate of representation shall be binding on the new alternate CAIR designated representative and the owners and operators of the CAIR NOx Ozone Season source and the CAIR NOx Ozone Season units at the source.

(c) Changes in owners and operators.

(1) In the event an owner or operator of a CAIR NOx Ozone Season source or a CAIR NOx Ozone Season unit is not included in the list of owners and operators in the certificate of representation under section 243-2.4 of this Subpart, such owner or operator shall be deemed to be subject to and bound by the certificate of representation, the representations, actions, inactions, and submissions of the CAIR designated representative and any alternate CAIR designated representative of the source or unit, and the decisions and orders of the department, the administrator, or a court, as if the owner or operator were included in such list.

(2) Within 30 days following any change in the owners and operators of a CAIR NOx Ozone Season source or a CAIR NOx Ozone Season unit, including the addition of a new owner or operator, the CAIR designated representative or any alternate CAIR designated representative shall submit a revision to the certificate of representation under section 243-2.4 of this Subpart amending the list of owners and operators to include the change.

§243-2.4 Certificate of representation

(a) A complete certificate of representation for a CAIR designated representative or an alternate CAIR designated representative shall include the following elements in a format prescribed by the administrator:

(1) Identification of the CAIR NOx Ozone Season source, and each CAIR NOx Ozone Season unit at the source, for which the certificate of representation is submitted, including identification and nameplate capacity of each generator served by each such unit.

(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if any) of the CAIR designated representative and any alternate CAIR designated representative.

(3) A list of the owners and operators of the CAIR NOx Ozone Season source and of each CAIR NOx Ozone Season unit at the source.

(4) The following certification statements by the CAIR designated representative and any alternate CAIR designated representative:

(i) "I certify that I was selected as the CAIR designated representative or alternate CAIR designated representative, as applicable, by an agreement binding on the owners and operators of the source and each CAIR NOx Ozone Season unit at the source."

(ii) "I certify that I have all the necessary authority to carry out my duties and responsibilities under the CAIR NOx Ozone Season Trading Program on behalf of the owners and operators of the source and of each CAIR NOx Ozone Season unit at the source and that each such owner and operator shall be fully bound by my representations, actions, inactions, or submissions."

(iii) "I certify that the owners and operators of the source and of each CAIR NOx Ozone Season unit at the source shall be bound by any order issued to me by the administrator, the department, or a court regarding the source or unit."

(iv) "Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, a CAIR NOx Ozone Season unit, or where a utility or industrial customer purchases power from a CAIR NOx Ozone Season unit under a life-of-the-unit, firm power contractual arrangement, I certify that: I have given a written notice of my selection as the 'CAIR designated representative' or 'alternate CAIR designated representative', as applicable, and of the agreement by which I was selected to each owner and operator of the source and of each CAIR NOx Ozone Season unit at the source; and CAIR NOx Ozone Season allowances and proceeds of transactions involving CAIR NOx Ozone Season allowances will be deemed to be held or distributed in proportion to each holder's legal, equitable, leasehold, or contractual reservation or entitlement, except that, if such multiple holders have expressly provided for a different distribution of CAIR NOx Ozone Season allowances by contract, CAIR NOx Ozone Season allowances and proceeds of transactions involving CAIR NOx Ozone Season allowances will be deemed to be held or distributed in accordance with the contract."

(5) The signature of the CAIR designated representative and any alternate CAIR designated representative and the dates signed.

(b) Unless otherwise required by the department or the administrator, documents of agreement referred to in the certificate of representation shall not be submitted to the department or the administrator. Neither the department nor the administrator shall be under any obligation to review or evaluate the sufficiency of such documents, if submitted.

§243-2.5 Objections concerning CAIR designated representative.

(a) Once a complete certificate of representation under section 243-2.4 of this Subpart has been submitted and received, the department and the administrator will rely on the certificate of representation unless and until a superseding complete certificate of representation under section 243-2.4 of this Subpart is received by the administrator.

(b) Except as provided in section 243-2.3(a) or (b) of this Subpart, no objection or other communication submitted to the department or the administrator concerning the authorization, or any representation, action, inaction, or submission, of the CAIR designated representative shall affect any representation, action, inaction, or submission of the CAIR designated representative or the finality of any decision or order by the department or the administrator under the CAIR NOx Ozone Season Trading Program.

(c) Neither the department nor the administrator will adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CAIR designated representative, including private legal disputes concerning the proceeds of CAIR NOx Ozone Season allowance transfers.

§243-2.6 Delegation by CAIR designated representative and alternate CAIR designated representative

(a) A CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the Administrator provided for or required under this Part.

(b) An alternate CAIR designated representative may delegate, to one or more natural persons, his or her authority to make an electronic submission to the administrator provided for or required under this Part.

(c) In order to delegate authority to make an electronic submission to the administrator in accordance with subdivision (a) or (b) of this section, the CAIR designated representative or alternate CAIR designated representative, as appropriate, must submit to the administrator a notice of delegation, in a format prescribed by the administrator, that includes the following elements:

(1) the name, address, e-mail address, telephone number, and facsimile transmission number (if any) of such CAIR designated representative or alternate CAIR designated representative;

(2) the name, address, e-mail address, telephone number, and facsimile transmission number (if any) of each such natural person (referred to as an "agent");

(3) for each such natural person, a list of the type or types of electronic submissions under subdivision (a) or (b) of this section for which authority is delegated to him or her; and

(4) the following certification statements by such CAIR designated representative or alternate CAIR designated representative:

(i) "I agree that any electronic submission to the administrator that is by an agent identified in this notice of delegation and of a type listed for such agent in this notice of delegation and that is made when I am a CAIR designated representative or alternate CAIR designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 6 NYCRR section 243-2.6(d) shall be deemed to be an electronic submission by me."

(ii) "Until this notice of delegation is superseded by another notice of delegation under 6 NYCRR section 243-2.6(d), I agree to maintain an e-mail account and to notify the Administrator immediately of any change in my e-mail address unless all delegation of authority by me under 6 NYCRR section 243-2.6 is terminated."

(d) A notice of delegation submitted under subdivision (c) of this section shall be effective, with regard to the CAIR designated representative or alternate CAIR designated representative identified in such notice, upon receipt of such notice by the administrator and until receipt by the administrator of a superseding notice of delegation submitted by such CAIR designated representative or alternate CAIR designated representative, as appropriate. The superseding notice of delegation may replace any previously identified agent, add a new agent, or eliminate entirely any delegation of authority.

(e) Any electronic submission covered by the certification in subparagraph (c)(4)(i) of this section and made in accordance with a notice of delegation effective under subdivision (d) of this section shall be deemed to be an electronic submission by the CAIR designated representative or alternate CAIR designated representative submitting such notice of delegation.