Ohio Administrative Code|Rule 3745-103-06 | Designated representative.

                                                

[Comment: For dates and availability of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see paragraph (C) of rule 3745-103-01 of the
Administrative Code titled "Referenced materials."]

(A) Submissions.

(1) 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.

(2) In each submission
under the acid rain program, the designated representative shall certify, by
the representative's signature:

(a) The following statement, which shall be included verbatim in
such submission: "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."

(b) The following statement, which shall be included verbatim in
such 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."

(3) The director 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 paragraphs 0 and (A)(2) of this
rule.

(4) 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 all of the following:

(a) By the date of submission, of any acid rain program
submissions by the designated representative.

(b) Within ten business days of receipt of a determination, of
any written determination by the USEPA or the Ohio EPA.

(c) Provided that the submission or determination covers the
source or the unit.

(5) 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 paragraph
(A)(4) of this rule, unless the owner or operator expressly waives the right to
receive such a copy.

(B) Objections.

(1) Except as provided in
40 CFR 72.23, no objection or other communication submitted to the USEPA or the
director concerning the authorization, or any representation, action, inaction,
or submission of the designated representative shall affect any representation,
action, inaction, or submission of the designated representative, or the
finality of any decision by the Ohio EPA, under the acid rain program. In the
event of such communication, the director is not required to stay any
submission or the effect of any action or inaction under the acid rain
program.

(2) The director shall
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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