N.H. Admin. Code § Env-A 4604.01

Current through Register No. 50, December 12, 2024

Section Env-A 4604.01 - CO[2] Authorized Account Representative Authorization and Responsibilities

(a) Except as provided in Env-A 4604.03, each CO₂ budget source, including all CO₂ budget units at the source, shall have one and only one CO₂ authorized account representative (CO₂ AAR), with regard to all matters under the CO₂ budget trading program concerning the source or any CO₂ budget unit at the source.

(b) The CO₂ AAR of the CO₂ budget source shall be selected by an agreement binding on each owner and operator of the source and all CO₂ budget units at the source.

(c) The CO₂ AAR shall submit a complete account certificate of representation, as specified in Env-A 4604.05, as follows:

(1) The initial submittal by the original CO₂ AAR or a CO₂ AAR designated pursuant to Env-A 4604.04(a) shall be in writing sent to the department by delivery in hand, U.S. Postal Service mail, or private delivery services; and

(2) Subsequent submittals shall be made electronically to the regional organization.

(d) Upon receipt by the department of a complete account certificate of representation as specified in (c)(1), above, the department shall forward a copy of the account certificate of representation to the regional organization electronically.

(e) Upon receipt by the department of a complete account certificate of representation as specified in (c)(1), above, the CO₂ AAR shall represent and legally bind each owner and operator of the CO₂ budget source represented and each CO₂ budget unit at the source in all matters pertaining to the CO₂ budget trading program, notwithstanding any agreement between the CO₂ AAR and such owner(s) and operator(s). The owner(s) and operator(s) shall be bound by any and all representations, actions, inactions, and submissions of the CO₂ AAR and any and all decisions or orders issued to the CO₂ AAR by the department or a court regarding the source or unit.

(f) No CO₂ budget permit shall be issued and no CO₂ allowance tracking system account shall be established for a CO₂ budget source until the regional organization has received a copy of the account certificate of representation as specified in (d), above, for a CO₂ AAR of the source and the CO₂ budget units at the source.

N.H. Admin. Code § Env-A 4604.01

#9283, INTERIM, eff 10-1-08, EXPIRED: 3-30-09

New. #9444, eff 4-3-09; ss by #10468, eff 1-1-14

Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12967, Effective 1/1/2020, Expires 1/1/2030.