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Subpart 243-7: CAIR NOx Ozone Season Allowance Transfers

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303,19-0305, 19-0311 and Energy Law §§ 3-101 and 3-103)

[Filed 9/19/07. Effective 10/19/07.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Air Quality Planning at (518) 402-8396 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§243-7.1 Submission of CAIR NOx Ozone Season allowance transfers

A CAIR authorized account representative seeking recordation of a CAIR NOx Ozone Season allowance transfer shall submit the transfer to the administrator. To be considered correctly submitted, the CAIR NOx Ozone Season allowance transfer shall include the following elements, in a format specified by the administrator:

(a) the account numbers for both the transferor and transferee accounts;

(b) the serial number of each CAIR NOx Ozone Season allowance that is in the transferor account and is to be transferred; and

(c) the name and signature of the CAIR authorized account representative of the transferor account and the date signed.

§243-7.2 EPA recordation

(a) Within five business days (except as provided in subdivision (b) of this section) of receiving a CAIR NOx Ozone Season allowance transfer, the administrator will record a CAIR NOx Ozone Season allowance transfer by moving each CAIR NOx Ozone Season allowance from the transferor account to the transferee account as specified by the request, provided that:

(1) the transfer is correctly submitted under section 243-7.1 of this Subpart; and

(2) the transferor account includes each CAIR NOx Ozone Season allowance identified by serial number in the transfer.

(b) A CAIR NOx Ozone Season allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any CAIR NOx Ozone Season allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the administrator completes the deductions under section 243-6.5 of this Part for the control period immediately before such allowance transfer deadline.

(c) Where a CAIR NOx Ozone Season allowance transfer submitted for recordation fails to meet the requirements of subdivision (a) of this section, the administrator will not record such transfer.

§243-7.3 Notification

(a) Notification of recordation. Within five business days of recordation of a CAIR NOx Ozone Season allowance transfer under section 243-7.2 of this Subpart, the administrator will notify the CAIR authorized account representatives of both the transferor and transferee accounts.

(b) Notification of non-recordation. Within 10 business days of receipt of a CAIR NOx Ozone Season allowance transfer that fails to meet the requirements of section 243-7.2(a), the administrator will notify the CAIR authorized account representatives of both accounts subject to the transfer of:

(1) a decision not to record the transfer, and

(2) the reasons for such non-recordation.

(c) Nothing in this section shall preclude the submission of a CAIR NOx Ozone Season allowance transfer for recordation following notification of non-recordation.