Section 205.630  ATU Transaction Procedures

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.