New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter III - AIR RESOURCES
Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
Part 244 - Transport Rule No[x] Annual Trading Program
Section 244.6 - Energy Efficiency and Renewable Energy Technology Account

(a) The department will allocate allowances to a CSAPR NOx Annual EERET account from the CSAPR

NOx annual trading budget for each control period. NYSERDA is required to make all the allowances in the EERET account available for sale on the open market no later than 30 days after receipt of the allowances by the EERET account.

(b) Should NYSERDA fail to, or be unable to, receive CSAPR NOx Annual allowances into the EERET account for any control period, the affected allowances will be forfeited to the department.

(c) Should NYSERDA fail to, or be unable to, sell or distribute CSAPR NOx Annual allowances that have been allocated to the EERET account within 12 months of the date the CSAPR NOx Annual allowances are allocated under subdivision (a) of this section, all subject CSAPR NOx Annual allowances remaining in the account will be forfeited to the department.

(d) By July 1st following the forfeiture of the allowances to the department, the department reserves the authority to retire or allocate any unused allowances on the condition that the number of CSAPR NOx Annual allowances that will be transferred to the compliance account covering an existing CSAPR NOx Annual unit will not cause the unit's total allocation for the control period to exceed its potential to emit. The allocation procedure set forth in section 244.3 of this part will be used to allocate allowances forfeited to the department to CSAPR NOx Annual units.

(e) The provisions of subdivisions (a) through (d) of this section will apply with respect to any allowances transferred by the Administrator to the department for disposition in accordance with 40 CFR 97.412(b) (10)(ii) (see Table 1, section 200.9 of this title).