Md. Code Regs. 26.09.01.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.09.01.04 - Selection and Responsibilities of CO[2] Budget Source Compliance Account Authorized Account Representatives

A. By January 1, 2009, the Department shall establish a single compliance account for each CO₂ budget source.

B. Each CO₂ budget source shall have a CO₂ authorized account representative and an alternate CO₂ authorized account representative.

C. The CO₂ authorized account representative and alternate CO₂ authorized account representative of the CO₂ budget source shall be selected by 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 §J of this regulation.

D. The agreement by which the alternate CO₂ authorized account representative is selected shall include a procedure for authorizing the alternate CO₂ authorized account representative to act instead of the CO₂ authorized account representative.

E. Upon receipt of a complete account certificate of representation:

(1) The CO₂ authorized account representative and alternate CO₂ authorized account representative shall represent and, by representations, actions, inactions, or submissions, legally bind each owner or operator of the CO₂ budget source represented and each CO₂ budget unit at the source in all matters pertaining to this subtitle, notwithstanding any agreement between the CO₂ authorized account representative, alternate CO₂ authorized account representative, and the owners or operators; and

(2) The owners or operators shall be bound by any decision or order issued to the CO₂ authorized account representative or alternate CO₂ authorized account representative by the Department or a court regarding the CO₂ budget source or unit.

F. A CO₂ budget permit may not be issued or a compliance account established for a CO₂ budget source until the Department has received a complete account certificate of representation for a CO₂ authorized account representative and alternate CO₂ authorized account representative of the source and the CO₂ budget units at the source.

G. Each submission shall be signed and certified by the CO₂ authorized account representative or alternate CO₂ authorized account representative on behalf of each CO₂ budget source and shall include the following statement by the CO₂ authorized account representative or alternate CO₂ authorized account representative: "I am authorized to make the submission on behalf of the owners or 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 the 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".

H. Changing the CO₂ Authorized Account Representative.

(1) The CO₂ authorized account representative may be changed at any time upon receipt of a superseding complete account certificate of representation.

(2) All representations, actions, inactions, and submissions by the previous CO₂ authorized account representative before the time and date when the Department receives the superseding account certificate of representation are binding on the new CO₂ authorized account representative and the owners or operators of the CO₂ budget source and the CO₂ budget units at the CO₂ budget source.

I. Changes in the Owners and Operators.

(1) If a new owner or operator of a CO₂ budget source or a CO₂ budget unit is not included in the list of owners or operators submitted in the account certificate of representation, the 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 or alternate CO₂ authorized account representative of the CO₂ budget source or unit, and the decisions, orders, actions, and inactions of the Department, as if the new owner or operator were included in the list.

(2) Within 30 days following any change in the owners or operators of a CO₂ budget source or a CO₂ budget unit, including the addition or deletion of an owner or operator, the CO₂ authorized account representative or alternate CO₂ authorized account representative shall submit a revision to the account certificate of representation amending the list of owners or operators to include the change.

J. Account Certificate of Representation.

(1) A complete account certificate of representation for a CO₂ authorized account representative or alternate CO₂ authorized account representative shall include the following:

(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, email address, telephone number, and facsimile transmission number of the CO₂ authorized account representative;

(c) A list of the owners or 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 or alternate CO₂ authorized account representative: "I certify that I was selected as the CO₂ authorized account representative or alternate CO₂ authorized account representative, as applicable, by an agreement binding on the owners or 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 this subtitle on behalf of the owners or operators of the CO₂ budget source and of each CO₂ budget unit at the source and that each owner or 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 alternate CO₂ authorized account representative and the dates signed.

(2) Unless otherwise required, documents of agreement referred to in the account certificate of representation are not submitted, and the Department is not under any obligation to review or evaluate the sufficiency of these documents, if submitted.

K. Objections Concerning the CO₂ Authorized Account Representative or Alternate CO₂ Authorized Account Representative.

(1) Once a complete account certificate of representation has been submitted and received, the Department shall rely on the account certificate of representation until the Department receives a superseding complete account certificate of representation.

(2) An objection or other communication submitted concerning the authorization, or any representation, action, inaction, or submission of the CO₂ authorized account representative or alternate CO₂ authorized account representative does not affect any representation, action, inaction, or submission of the CO₂ authorized account representative or alternate CO₂ authorized account representative or the finality of any decision or order by the Department under this subtitle.

(3) The Department may not adjudicate any private legal dispute concerning the authorization or any representation, action, inaction, or submission of any CO₂ authorized account representative or alternate CO₂ authorized account representative, including private legal disputes concerning the proceeds of CO₂ allowance transfers.

L. Delegation by CO₂ Authorized Account Representative or Alternate CO₂ Authorized Account Representative.

(1) A CO₂ authorized account representative or alternate CO₂ authorized account representative may delegate to one or more individuals the authority to make an electronic submission under this subtitle.

(2) In order to delegate authority to make an electronic submission, the CO₂ authorized account representative or alternate CO₂ authorized account representative shall submit a notice of delegation in a format prescribed by the Department that includes the following:

(a) The name, address, email address, telephone number, and facsimile transmission number of the CO₂ authorized account representative or alternate CO₂ authorized account representative;

(b) The name, address, email address, telephone number, and facsimile transmission number of each individual, referred to in this subtitle as the electronic submission agent;

(c) For each electronic submission agent, a list of the type of electronic submissions for which authority is delegated to that individual; and

(d) The following certification statements by the CO₂ authorized account representative or alternate CO₂ authorized account representative:

(i) "I agree that any electronic submission by an individual identified in this notice of delegation and of a type listed for the electronic submission agent in this notice of delegation and that is made when I am a CO₂ authorized account representative or alternate CO₂ authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation shall be deemed to be an electronic submission by me."; and

(ii) "Until this notice of delegation is superseded by another notice of delegation, I agree to maintain an email account and to notify the Department immediately of any change in email address unless all delegation authority by me is terminated".

(3) A notice of delegation submitted under this regulation is effective upon receipt of the notice by the Department and until receipt by the Department of a superseding notice of delegation by the CO₂ authorized account representative or alternate CO₂ authorized account representative.

(4) The superseding notice of delegation may replace any previously identified electronic submission agent, add a new electronic submission agent, or eliminate entirely any delegation of authority.

(5) An electronic submission covered by the certification and made in accordance with a notice of delegation is deemed to be an electronic submission by the CO₂ authorized account representative or alternate CO₂ authorized account representative submitting the 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 CO₂ allowance tracking system under this regulation.

(7) An alternate CO₂ authorized account representative may delegate, to one or more natural persons, his or her authority to review information in the CO₂ allowance tracking system under this regulation.

(8) In order to delegate authority to review information in the CO₂ allowance tracking system in accordance with §L(6) and (7) of this regulation, the CO₂ authorized account representative or alternate CO₂ authorized account representative, as appropriate, must submit to the Department a notice of delegation, in a format prescribed by the Department that includes the following:

(a) The name, address, e-mail address, telephone number, and facsimile transmission number of such CO₂ authorized account representative or alternate CO₂ authorized account representative;

(b) The name, address, e-mail address, telephone number and facsimile transmission number of each such natural person, herein referred to as the "reviewer";

(c) For each such natural person, a list of the type of information under §L(6) and (7) of this regulation for which authority is delegated to him or her; and

(d) The following certification statements by such CO₂ authorized account representative or alternate CO₂ authorized account representative:

(i) "I agree that any information that is reviewed by a natural person identified in this notice of delegation and of a type listed for such information accessible by the reviewer in this notice of delegation and that is made when I am a CO₂ authorized account representative or alternate CO₂ authorized account representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under COMAR 26.09.01.04L shall be deemed to be reviewed by me. "

(ii) "Until this notice of delegation is superseded by another notice of delegation under COMAR 26.09.01.04L, 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 delegation authority by me under COMAR 26.09.01.04L is terminated. "

(9) A notice of delegation submitted under §L8 of this regulation shall be effective, with regard to the CO₂ authorized account representative or alternate CO₂ authorized 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 superseding notice of delegation by such CO₂ authorized account representative or alternate CO₂ authorized account representative as appropriate. The superseding notice of delegation may replace any previously identified review, add a new review, or eliminate entirely any delegation of authority.

(10) Reviewed information covered by the certification and done in accordance with a notice of delegation is deemed to be reviewed by the CO₂ authorized account representative or alternate CO₂ authorized account representative submitting the notice of delegation.

Md. Code Regs. 26.09.01.04

Regulation .04 amended effective May 18, 2009 (36:10 Md. R. 717); amended effective 45:26 Md. R. 1249, eff. 12/31/2018