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Subpart 237-7: NOx Allowance Transfers

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

[Filed 3/28/05. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

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.

§237-7.1 Submission of NOx allowance transfers

The NOx authorized account representatives seeking recordation of a NOx allowance transfer shall submit the transfer to the department or its agent. To be considered correctly submitted, the NOx allowance transfer shall include the following elements in a format specified by the department or its agent:

(a) the numbers identifying both the transferor and transferee accounts;

(b) a specification by serial number of each NOx allowance to be transferred; and

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

§237-7.2 Recordation

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

(1) the transfer is correctly submitted under section 237-7.1 of this Subpart; and

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

(b) A NOx allowance transfer that is submitted for recordation following the NOx allowance transfer deadline and that includes any NOx allowances allocated for a control period prior to or the same as the control period to which the NOx allowance transfer deadline applies will not be recorded until after completion of the process of recordation of NOx allowance allocations in section 237-6.4(b) of this Part.

(c) Where a NOx allowance transfer submitted for recordation fails to meet the requirements of subdivision (a) of this section, the department or its agent will not record such transfer.

§237-7.3 Notification

(a) Notification of recordation. Within five business days of recordation of a NOx allowance transfer under section 237-7.2 of this Subpart, the department or its agent will notify each party to the transfer. Notice will be given to the NOx authorized account representatives of both the transferor and transferee accounts.

(b) Notification of non-recordation. Within 10 business days of receipt of a NOx allowance transfer that fails to meet the requirements of section 237-7.2(a) of this Subpart, the department or its agent will notify the NOx 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 NOx allowance transfer for recordation following notification of non-recordation.