Current through Register Vol. 48, No. 38, September 20, 2024
Recognized sales and purchases of ATUs may be made between
any two Transaction Accounts or from a Transaction Account to the ACMA. A sale
of ATUs may also be made from a Transaction Account to a special participant.
No sale of ATUs shall be recognized from a special participant to any other
person.
a) Transfer of ATUs shall be
subject to the following requirements:
1)
Transfers between Transaction Accounts may only be made by the account officers
for both accounts;
2) All ATU
transfers shall be duly authorized by the account officers for both Transaction
Accounts, or, if the ATUs are being transferred to a special participant, the
account officer of the Transaction Account of the transferor and a
representative of the special participant;
A)
Duly authorized ATU transfers shall identify the ATU(s) involved in the
transaction;
B) Written ATU
transfer agreements signed by the account officers for both Transaction
Accounts may authorize the transfer of ATUs for more than one season. If a
transfer agreement authorizes the future transfer of ATUs for any season for
which ATUs have not yet been issued for use, the ATUs shall be automatically
transferred to the buyer's Transaction Account for each year such transfer is
authorized pursuant to the transfer agreement, in which case the account
officers for each Transaction Account will be notified of this
transfer;
3) No transfer
shall be considered official for purposes of the ERMS until entered into the
Transaction Account database;
4)
The Agency or its designee shall enter ATU transfers into the Transaction
Account database within one week of the Agency receiving notification of a duly
authorized ATU transfer; and
5) Any
ATU transfer agreements entered into after December 31 of a given year may not
be used by the buyer to cover emissions from the preceding seasonal allotment
period, but may only be used prospectively.
b) The account officers involved in ATU
transfers shall report the purchase price for all ATU transfers to the Agency
or its designee and shall indicate whether consideration other than the
purchase price reported was involved in the transfer.
c) Transaction Requirements
1) Expired or retired ATUs may not be bought
or sold;
2) The Transaction Account
database must show ATUs proposed for transfer as being held by the selling
entity. After such transfer is official as specified in subsection (a)(3) of
this Section, the transferee's Transaction Account will show the ATUs subject
to such transfer as being held in this Transaction Account;
3) The minimum sale allowed under the ERMS
shall be one ATU; and
4) No sale
may include partial ATUs.
d) Official Record of Transactions
1) The official record of all ATU
transactions and the current status of all ATUs shall be the Transaction
Account database.
2) Account
officers shall be allowed to inspect their Transaction Account(s) in the
Transaction Account database. Any discrepancies found by the account officer
shall be reported to the Agency or its designee along with a request for
correction. All data supporting such request shall be sent along with the
request for correction. A request for correction may not be used to alter an
allotment.
3) After the end of each
reconciliation period, the Agency shall retire ATUs in the Transaction Account
of each participating source or new participating source in the amount
specified in Section
205.150(c) or
(d) of this Part. If the source does not
have sufficient ATUs in its Transaction Account to account for its VOM
emissions from the preceding seasonal allotment period, the source shall be
subject to emissions excursion compensation in accordance with Section
205.720
of this Part. ATUs shall be retired in order of issuance, unless the account
officer for the Transaction Account notifies the Agency in writing to specify
which ATUs in the Transaction Account should be retired.