Current through 2024-44, October 30, 2024
Section 096-156-8 - CO[2] Allowance Transfer ProvisionsA.Submission of CO2 allowance transfers. The CO2 authorized account representative seeking recordation of a CO2 allowance transfer shall submit the transfer to the Department or its agent. To be considered correctly submitted, the CO2 allowance transfer must include the following elements in a format specified by the Department or its agent: (1) the numbers identifying the transferor and transferee accounts; (2) a specification by serial number of each CO2 allowance to be transferred; (3) the printed name and signature of the CO2 authorized account representative of the transferor account and the date signed; (4) the date of the completion of the last sale or purchase transaction for any previously-transferred allowances included in the request; and (5) the sale or purchase price of each allowance that is the subject of a sale or purchase transaction under subsection 8(A)(4) of this Chapter. B.Recordation.(1) Within 5 business days of receiving a CO2 allowance transfer, except as provided in subsection 8(B)(2) of this Chapter, the Department or its agent will record the CO2 allowance transfer by moving each CO2 allowance from the transferor account to the transferee account as specified by the request, provided that: (a) the transfer is correctly submitted under subsection 8(A) of this Chapter; and (b) the transferor account includes each CO2 allowance identified by serial number in the transfer. (2) A CO2 allowance transfer that is submitted for recordation following the CO2 allowance transfer deadline and that includes any CO2 allowances that are of allocation years that fall within a control period or interim control period prior to or the same as the control period or interim control period to which the CO2 allowance transfer deadline applies will not be recorded until after completion of the process of recordation of CO2 allowance deductions for compliance in subsection 5(D)(2) of this Chapter.(3) Where a CO2 allowance transfer submitted for recordation fails to meet the requirements of subsection 8(B)(1) of this Chapter, the Department or its agent will not record such transfer. C.Notification Requirements.(1) Notification of recordation. Within 5 business days of recordation of a CO2 allowance transfer under subsection 8(B) of this Chapter, the Department or its agent will notify each party to the transfer. Notice will be given to the CO2 authorized account representatives of the transferor and transferee accounts.(2) Notification of non-recordation. Within 10 business days of receipt of a CO2 allowance transfer that fails to meet the requirements of subsection 8(B)(1) of this Chapter, the Department or its agent will notify the CO2 authorized account representative of each account subject to the transfer of: (a) the decision not to record the transfer, and (b) the reasons for such non-recordation. (3) Nothing in this section shall preclude the submission of a CO2 allowance transfer for recordation following notification of non-recordation.06-096 C.M.R. ch. 156, § 8