40 CFR § 97.61 - EPA recordation.
---
identifier: "/us/cfr/t40/s97.61"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 97.61 - EPA recordation."
title_number: 40
title_name: "Protection of Environment"
section_number: "97.61"
section_name: "EPA recordation."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "97"
part_name: "FEDERAL NOX BUDGET TRADING PROGRAM, CAIR NOX AND SO2 TRADING PROGRAMS, CSAPR NOX AND SO2 TRADING PROGRAMS, AND TEXAS SO2 TRADING PROGRAM"
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, 7426, 7491, 7601, and 7651,"
regulatory_source: "65 FR 2727, Jan. 18, 2000, unless otherwise noted. 71 FR 25396, 25422, and 25443, Apr. 28, 2006"
cfr_part: "97"
---
# 97.61 EPA recordation.
(a) Within 5 business days of receiving a NO<sub>X</sub> allowance transfer, except as provided in paragraph (b) of this section, the Administrator will record a NO<sub>X</sub> allowance transfer by moving each NO<sub>X</sub> allowance from the transferor account to the transferee account as specified by the request, provided that:
(1) The transfer is correctly submitted under § 97.60; and
(2) The transferor account includes each NO<sub>X</sub> allowance identified by serial number in the transfer.
(b) A NO<sub>X</sub> allowance transfer that is submitted for recordation following the NO<sub>X</sub> allowance transfer deadline and that includes any NO<sub>X</sub> allowances allocated for a control period prior to or the same as the control period to which the NO<sub>X</sub> allowance transfer deadline applies will not be recorded until after the Administrator completes the recordation of NO<sub>X</sub> allowance allocations under § 97.53 for the control period in the fourth year after the control period to which the NO<sub>X</sub> allowance transfer deadline applies.
(c) Where a NO<sub>X</sub> allowance transfer submitted for recordation fails to meet the requirements of paragraph (a) of this section, the Administrator will not record such transfer.
[65 FR 2727, Jan. 18, 2000, as amended at 69 FR 21647, Apr. 21, 2004]