40 CFR § 96.261 - EPA recordation.

---
identifier: "/us/cfr/t40/s96.261"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 96.261 - EPA recordation."
title_number: 40
title_name: "Protection of Environment"
section_number: "96.261"
section_name: "EPA recordation."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "96"
part_name: "NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401, 7403, 7410, 7601, and 7651,"
regulatory_source: "63 FR 57514, Oct. 27, 1998, unless otherwise noted."
cfr_part: "96"
---


# 96.261 EPA recordation.

(a) Within 5 business days (except as necessary to perform a transfer in perpetuity of CAIR SO<sub>2</sub> allowances allocated to a CAIR SO<sub>2</sub> unit or as provided in paragraph (b) of this section) of receiving a CAIR SO<sub>2</sub> allowance transfer, the Administrator will record a CAIR SO<sub>2</sub> allowance transfer by moving each CAIR SO<sub>2</sub> allowance from the transferor account to the transferee account as specified by the request, provided that:

(1) The transfer is correctly submitted under § 96.260;

(2) The transferor account includes each CAIR SO<sub>2</sub> allowance identified by serial number in the transfer; and

(3) The transfer is in accordance with the limitation on transfer under § 74.42 of this chapter and § 74.47(c) of this chapter, as applicable.

(b) A CAIR SO<sub>2</sub> allowance transfer that is submitted for recordation after the allowance transfer deadline for a control period and that includes any CAIR SO<sub>2</sub> allowances allocated for any control period before such allowance transfer deadline will not be recorded until after the Administrator completes the deductions under § 96.254 for the control period immediately before such allowance transfer deadline.

(c) Where a CAIR SO<sub>2</sub> allowance transfer submitted for recordation fails to meet the requirements of paragraph (a) of this section, the Administrator will not record such transfer.

[70 FR 25362, May 12, 2005, as amended at 71 FR 25389, Apr. 28, 2006]