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40 CFR § 97.12 - Changing NO authorized account representative and alternate NO authorized account representative; changes in owners and operators.

---
identifier: "/us/cfr/t40/s97.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 97.12 - Changing NO authorized account representative and alternate NO authorized account representative; changes in owners and operators."
title_number: 40
title_name: "Protection of Environment"
section_number: "97.12"
section_name: "Changing NO authorized account representative and alternate NO authorized account representative; changes in owners and operators."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "97"
part_name: "FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401, 7403, 7410, 7426, 7491, 7601, and 7651,"
regulatory_source: "65 FR 2727, Jan. 18, 2000, unless otherwise noted. 71 FR 25396, 25422, and 25443, Apr. 28, 2006"
cfr_part: "97"
---

# 97.12 Changing NO authorized account representative and alternate NO authorized account representative; changes in owners and operators.

(a) *Changing NO*<sub>X</sub> *authorized account representative.* The NO<sub>X</sub> authorized account representative may be changed at any time upon receipt by the Administrator of a superseding complete account certificate of representation under § 97.13. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous NO<sub>X</sub> authorized account representative prior to the time and date when the Administrator receives the superseding account certificate of representation shall be binding on the new NO<sub>X</sub> authorized account representative and the owners and operators of the NO<sub>X</sub> Budget source and the NO<sub>X</sub> Budget units at the source.

(b) *Changing alternate NO*<sub>X</sub> *authorized account representative.* The alternate NO<sub>X</sub> authorized account representative may be changed at any time upon receipt by the Administrator of a superseding complete account certificate of representation under § 97.13. Notwithstanding any such change, all representations, actions, inactions, and submissions by the previous alternate NO<sub>X</sub> authorized account representative prior to the time and date when the Administrator receives the superseding account certificate of representation shall be binding on the new alternate NO<sub>X</sub> authorized account representative and the owners and operators of the NO<sub>X</sub> Budget source and the NO<sub>X</sub> Budget units at the source.

(c) *Changes in owners and operators.* (1) In the event a new owner or operator of a NO<sub>X</sub> Budget source or a NO<sub>X</sub> Budget unit is not included in the list of owners and operators submitted in the account certificate of representation under § 97.13, such 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 NO<sub>X</sub> authorized account representative and any alternate NO<sub>X</sub> authorized account representative of the source or unit, and the decisions, orders, actions, and inactions of the permitting authority or the Administrator, as if the new owner or operator were included in such list.

(2) Within 30 days following any change in the owners and operators of a NO<sub>X</sub> Budget source or a NO<sub>X</sub> Budget unit, including the addition of a new owner or operator, the NO<sub>X</sub> authorized account representative or alternate NO<sub>X</sub> authorized account representative shall submit a revision to the account certificate of representation under § 97.13 amending the list of owners and operators to include the change.