3745-14-07 NOx allowance transfers.

(A) Submission of NOx allowance transfers.

(1) The NOx authorized account representatives seeking recording of a NOx allowance transfer shall submit the transfer to the administrator. To be considered correctly submitted, the NOx allowance transfer shall include the following elements in a format specified by the administrator:

(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.

(B) Recordation of NOx allowance transfer requests.

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

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

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

(2) A NOx allowance transfer that is submitted for recording 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 shall not be recorded until after completion of the process of recording of NOx allowance allocations in paragraph (D) of rule 3745-14-06 of the Administrative Code.

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

(C) Notification of transfers recorded.

(1) Within five business days of recording a NOx allowance transfer under paragraph (B) of this rule, the administrator shall notify the NOx authorized account representative of both the transferor and transferee accounts.

(2) Within ten business days of receipt of a NOx allowance transfer that fails to meet the requirements of paragraph (B)(1) of this rule, the administrator shall notify the NOx authorized account representatives of both accounts subject to the transfer of:

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

(b) The reasons for not recording the transfer.

(3) Nothing in this rule shall preclude the re-submission of a NOx allowance transfer for recording that failed to meet the requirements of paragraph (B)(1) of this rule upon a previous submission.

R.C. 119.032 review dates: 04/10/2008 and 04/10/2013

Promulgated Under: 119.03

Statutory Authority: 3704.03(E)

Rule Amplifies: 3704.03(A) , 3704.03(D) , 3704.03(E)

Prior Effective Dates: 6/21/94, 7/18/02