60Application

60 Application

(1) The responsible emitter for a facility may apply to the Regulator for an exemption declaration for the facility for a monitoring period. (2) The application must: (a) be given in a manner and form approved, in writing, by the Regulator; and (b) specify the facility and monitoring period for which an exemption declaration is sought; and (c) include information and documents substantiating: (i) why an exemption declaration should be made; and (ii) if the application relates to criminal activity—the reasonableness of the steps the responsible emitter took: (A) before the criminal activity occurred, to mitigate risks that criminal activity could result in an excess; and (B) after the criminal activity occurred, to mitigate the likelihood of an excess as a result of the criminal activity; and (iii) if the application relates to a natural disaster—the reasonableness of the steps the responsible emitter took: (A) before the natural disaster occurred, to mitigate risks that a natural disaster could result in an excess; and (B) after the natural disaster occurred, to mitigate the likelihood of an excess as a result of the natural disaster; and (iv) any other factors that have significantly impacted the covered emissions of the facility over the monitoring period. (3) An application under subsection (1) must be given to the Regulator no later than the first 31 October after the end of a monitoring period for which the exemption declaration is sought. (4) The responsible emitter for the facility may, by written notice to the Regulator, withdraw an application at any time before the Regulator makes a decision on the application.