Section 326IAC24-3-10. CAIR NOx ozone season allowance transfers

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

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

(2) The serial number of each CAIR NO_x 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) Within five (5) business days, except as provided in subsection (c), of receiving a CAIR NO_x ozone season allowance transfer, the U.S. EPA will record a CAIR NO_x ozone season allowance transfer by moving each CAIR NO_x ozone season allowance from the transferor account to the transferee account as specified by the request, provided the following:

(1) The transfer is correctly submitted under subsection (a).

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

  (c) A CAIR NO_x ozone season allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any CAIR NO_x ozone season allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the U.S. EPA completes the deductions under section 9(i) and 9(j) of this rule for the control period immediately before such allowance transfer deadline.

  (d) Where a CAIR NO_x ozone season allowance transfer submitted for recordation fails to meet the requirements of subsection (b), the U.S. EPA will not record such transfer.

  (e) The following notification requirements shall apply to CAIR NO_x allowance transfers:

(1) Within five (5) business days of recordation of a CAIR NO_x ozone season allowance transfer under subsections (b) and (c) the U.S. EPA will notify the CAIR authorized account representatives of both the transferor and transferee accounts.

(2) Within ten (10) business days of receipt of a CAIR NO_x ozone season allowance transfer that fails to meet the requirements of subsection (b), the U.S. EPA will notify the CAIR authorized account representatives of both accounts subject to the transfer of the decision not to record the transfer and the reasons for such nonrecordation.

  (f) Nothing in this section shall preclude the submission of a CAIR NO_x ozone season allowance transfer for recordation following notification of nonrecordation. (Air Pollution Control Division; 326 IAC 24-3-10; filed Jan 26, 2007, 10:25 a.m.: 20070221-IR-326050117FRA)