[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: 40CFR73.50]

[Page 160-161]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 73--SULFUR DIOXIDE ALLOWANCE SYSTEM--Table of Contents
 
                     Subpart D--Allowance Transfers
 
Sec. 73.50  Scope and submission of transfers.

    Source: 58 FR 3694, Jan. 11, 1993, unless otherwise noted.


    (a) Scope of transfers. Except as provided in Sec. 73.51 and 
Sec. 73.52, the Administrator will record transfers of an allowance to 
and from Allowance Tracking System accounts, including, but not limited 
to, transfers of an allowance to and from contemporaneous future year 
subaccounts, and transfers of an allowance to and from compliance 
subaccounts and current year subaccounts, and transfers of all 
allowances allocated for a unit for each calendar year, in perpetuity.
    (b) Submission of transfers. (1) Authorized account representatives 
seeking recordation of an allowance transfer shall request such transfer 
by submitting to the Administrator, in a format to be specified by the 
Administrator, an Allowance Transfer Form. To be considered correctly 
submitted the request for transfer shall include:
    (i) The numbers identifying both the transferror and transferee 
accounts;
    (ii) A specification by serial number of each allowance to be 
transferred, or correct indication on the allowance transfer where a 
request involves the transfer of the unit's allowances in perpetuity;
    (iii) Signatures of the authorized account representatives of both 
the transferror and transferee accounts;
    (iv) The dates of the signatures of the authorized account 
representatives;
    (v) The numbers identifying the authorized account representatives 
for both the transferror and transferee account; and
    (vi) Where the transferee account has not been established, 
information as required pursuant to Sec. 73.31 (b) or (c).
    (2)(i) The authorized account representative for the transferee 
account can meet the requirements in paragraphs (b)(1)(iii) and (iv) of 
this section by submitting, in a format prescribed by the Administrator, 
a statement

[[Page 161]]

signed by the authorized account representative and identifying each 
account into which any transfer of allowances, submitted on or after the 
date on which the Administrator receives such statement, is authorized. 
Such authorization shall be binding on any authorized account 
representative for such account and shall apply to all transfers into 
the account that are submitted on or after such date of receipt, unless 
and until the Administrator receives a statement in a format prescribed 
by the Administrator and signed by the authorized account representative 
retracting the authorization for the account.
    (ii) The statement under paragraph (b)(2)(i) of this section shall 
include the following: ``By this signature, I authorize any transfer of 
allowances into each Allowance Tracking System account listed herein, 
except that I do not waive any remedies under 40 CFR part 73, or any 
other remedies under State or federal law, to obtain correction of any 
erroneous transfers into such accounts. This authorization shall be 
binding on any authorized account representative for such account unless 
and until a statement signed by the authorized account representative 
retracting this authorization for the account is received by the 
Administrator.''
    (3) Transfers of allowances to or from compliance subaccounts 
submitted for recordation following the allowance transfer deadline will 
not be recorded until after completion of the process of recordation set 
forth in Sec. 73.34(a).

[58 FR 3694, Jan. 11, 1993, as amended at 63 FR 68404, Dec. 11, 1998]