[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR73.37]

[Page 159-160]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 73--SULFUR DIOXIDE ALLOWANCE SYSTEM--Table of Contents
 
                  Subpart C--Allowance Tracking System
 
Sec. 73.37  Account error and dispute resolution.

    (a) Claim of error. The authorized account representative may notify 
the Administrator of any claim that the Administrator made an error in 
recording transfer information that was submitted correctly pursuant to 
subpart D of this part, provided that such claim of error notification 
is submitted to the Administrator by no later than 15 business days 
following the date mark of the notification by the Administrator 
pursuant to actions taken under Sec. 73.37(d) or Sec. 73.53. Such claim 
of error notification shall be in writing and shall include:
    (1) A description of the error alleged to have been made by the 
Administrator;
    (2) A proposed correction of the alleged error;
    (3) Any supporting documentation or other information concerning the 
alleged error and proposed correction; and
    (4) Certification by the signature of and the date of the signature 
of the authorized account representative.

The Administrator will not act on claim of error notifications received 
after the stated deadlines (except as provided under paragraph (f) of 
this section, or that do not contend that the Administrator made an 
error in recordation.
    (b) EPA action. The Administrator, at the Administrator's sole 
discretion based on documentation provided, will determine what changes, 
if any, will be made to the accounts subject to the alleged error. Not 
later than 20 business days after receipt of a claim of error 
notification pursuant to paragraph (a) of this section, the 
Administrator will submit to the authorized account representative a 
written response stating:
    (1) The determination made and any action taken by, the 
Administrator; and
    (2) The reasons for such action.
    (c) Administrative appeals procedure. Following the Administrator's 
action pursuant to paragraph (b) of this section, the authorized account 
representative may appeal the Administrator's action through the 
administrative appeals procedure pursuant to part 78 of this chapter.
    (d) EPA corrections. The Administrator may, without prior notice of 
a claim of error and in the Administrator's sole discretion, correct any 
errors in any account on his or her own motion. The Administrator will 
notify the authorized account representative by no later than 20 
business days following any such corrections.

[[Page 160]]

    (e) Excess emissions requirements. The filing of a claim of error 
notification pursuant to paragraph (a) of this section, or the pendency 
of the Administrator's action pursuant to paragraph (b) of this section, 
shall not affect a unit's obligations under part 77 of this chapter.
    (f) Waiver of deadline. The Administrator may, in his or her 
discretion, accept claim of error submissions made following the 
deadlines imposed in this section upon a demonstration by the authorized 
account representative of good cause for the delay. The finding of 
whether good cause exists shall be in the sole discretion of the 
Administrator. Appeals of a decision by the Administrator under this 
paragraph will be addressed pursuant to the administrative appeals 
process in part 78 of this chapter.