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Subpart 245-7: CAIR SO2 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.

§245-7.1 Submission of CAIR SO2 allowance transfers

(a) A CAIR authorized account representative seeking recordation of a CAIR SO2 allowance transfer shall submit the transfer to the administrator. To be considered correctly submitted, the CAIR SO2 allowance transfer shall include the following elements, in a format specified by the administrator:

(1) the account numbers of both the transferor and transferee accounts;

(2) the serial number of each CAIR SO2 allowance that is in the transferor account and is to be transferred; and

(3) the name and signature of the CAIR authorized account representatives of the transferor and transferee accounts and the dates signed.

(b) (1) The CAIR authorized account representative for the transferee account can meet the requirements in paragraph (a)(3) of this section by submitting, in a format prescribed by the administrator, a statement signed by the CAIR authorized account representative and identifying each account into which any transfer of allowances, submitted on or after the date on which the administrator receives such statement, is authorized. Such authorization shall be binding on any CAIR authorized account representative for such account and shall apply to all transfers into the account that are submitted on or after such date of receipt, unless and until the administrator receives a statement signed by the CAIR authorized account representative retracting the authorization for the account.

(2) The statement under paragraph (1) of this subdivision shall include the following: "By this signature I authorize any transfer of allowances into each account listed herein, except that I do not waive any remedies under State or Federal law to obtain correction of any erroneous transfers into such accounts. This authorization shall be binding on any CAIR authorized account representative for such account unless and until a statement signed by the CAIR authorized account representative retracting this authorization for the account is received by the administrator."

§245-7.2 EPA recordation

(a) Within five business days (except as necessary to perform a transfer in perpetuity of CAIR SO2 allowances allocated to a CAIR SO2 unit or as provided in subdivision [b] of this section) of receiving a CAIR SO2 allowance transfer, the administrator will record a CAIR SO2 allowance transfer by moving each CAIR SO2 allowance from the transferor account to the transferee account as specified by the request, provided that:

(1) the transfer is correctly submitted under section 245-7.1 of this Subpart;

(2) the transferor account includes each CAIR SO2 allowance identified by serial number in the transfer; and

(3) the transfer is in accordance with the limitation on transfer under 40 CFR 74.42 and 40 CFR 74.47(c), as applicable.

(b) A CAIR SO2 allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any CAIR SO2 allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the administrator completes the deductions under section 245-6.5 of this Part for the control period immediately before such allowance transfer deadline.

(c) Where a CAIR SO2 allowance transfer submitted for recordation fails to meet the requirements of subdivision (a) of this section, the administrator will not record such transfer.

§245-7.3 Notification

(a) Notification of recordation. Within five business days of recordation of a CAIR SO2 allowance transfer under section 245-7.2 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 SO2 allowance transfer that fails to meet the requirements of section 245-7.2(a) of this Subpart, 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 SO2 allowance transfer for recordation following notification of non-recordation.