3745-109-19 CAIR NOx ozone season allowance transfers.

(A) 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:

(1) The account numbers for both the transferor and transferee accounts.

(2) The serial number of each CAIR NOx ozone season allowance that is in the transferor account and is to be transferred.

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

(B) Recordation.

(1) Within five business days (except as provided in paragraph (B)(2) of this rule) of receiving a CAIR NOx ozone season allowance transfer, the administrator shall 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 the following:

(a) The transfer is correctly submitted under paragraph (A) of this rule.

(b) The transferor account includes each CAIR NOx ozone season allowance identified by serial number in the transfer.

(2) 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 shall not be recorded until after the administrator completes the deductions under paragraph (D) of rule 3745-109-18 of the Administrative Code for the control period immediately before such allowance transfer deadline.

(3) Where a CAIR NOx ozone season allowance transfer submitted for recordation fails to meet the requirements of paragraph (B)(1) of this rule, the administrator shall not record such transfer.

(C) Notification.

(1) Notification of recordation. Within five business days of recordation of a CAIR NOx ozone season allowance transfer under paragraph (B) of this rule, the administrator shall notify the CAIR authorized account representatives of both the transferor and transferee accounts.

(2) Notification of non-recordation. Within ten business days of receipt of a CAIR NOx ozone season allowance transfer that fails to meet the requirements of paragraph (B)(1) of this rule, the administrator shall notify the CAIR authorized account representatives of both accounts subject to the transfer of the following:

(a) A decision not to record the transfer.

(b) The reasons for such non-recordation.

(3) Nothing in this section shall preclude the submission of a CAIR NOx ozone season allowance transfer for recordation following notification of non-recordation.

Effective: 11/14/2013
R.C. 119.032 review dates: 08/29/2013 and 11/14/2018
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E) , 3704.03(V)
Prior Effective Dates: 09/27/07, 07/16/09