C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 72—PERMITS REGULATION › Subpart B—Designated Representative

40 C.F.R. § 72.25

Objections

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(a) Once a complete certificate of representation has been submitted in accordance with § 72.24, the Administrator will rely on the certificate of representation unless and until a superseding complete certificate is received by the Administrator.

(b) Except as provided in § 72.23, no objection or other communication submitted to the Administrator or the permitting authority 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 Administrator or permitting authority, under the Acid Rain Program. In the event of such communication, the Administrator and the permitting authority are not required to stay any allowance transfer, any submission, or the effect of any action or inaction under the Acid Rain Program.

(c) Neither the Administrator nor any permitting authority will 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.

[58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 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 4× “See 40 C.F.R. § 72.25 (c). Ormet contends that because the EPA was not authorized to review the merits of Ohio Power’s certificate of representation, its inaction did not constitute a reviewable “final action.”
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