40 C.F.R. § 72.20

Authorization and responsibilities of the designated representative

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(a) Except as provided under § 72.22, each affected source, including all affected units at the source, shall have one and only one designated representative, with regard to all matters under the Acid Rain Program concerning the source or any affected unit at the source.

(b) Upon receipt by the Administrator of a complete certificate of representation, the 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 affected source represented and each affected unit at the source in all matters pertaining to the Acid Rain Program, not withstanding any agreement between the designated representative and such owners and operators. The owners and operators shall be bound by any order issued to the designated representative by the Administrator, the permitting authority, or a court.

(c) The designated representative shall be selected and act in accordance with the certifications set forth in § 72.24(a) (4), (5), (7), and (9).

(d) No Acid Rain permit shall be issued to an affected source, nor shall any allowance transfer be recorded for an Allowance Tracking System account of an affected unit at a source, until the Administrator has received a complete certificate of representation for the designated representative of the source and the affected units at the source.

[58 FR 3650, Jan. 11, 1993, as amended at 71 FR 25378, Apr. 28, 2006]

Notes of Decisions

Cited in 1 case, 1996–1996 · leading case: Ormet Corp. v. Ohio Power Co., 98 F.3d 799 (4th Cir. 1996).

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Ormet Corp. v. Ohio Power Co., 98 F.3d 799 (4th Cir. 1996). · cites it 2× “See 40 C.F.R. §§ 72.20 -.25. Ormet alleged that through these misrepresentations, Ohio Power “expropriated” all of the Kammer plant’s emission allowances, when in fact Ormet is entitled to 89% of them as a party with a “life of the unit, firm power contractual arrangement” under…”

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