(1) Every registered entity wishing to trade compliance instruments with another party registered in Washington's program or with a party registered in an external GHG ETS to which Washington has linked must follow the procedures outlined below.
(a) To initiate the transfer, a transferor's account representative must submit to ecology and to all the transferor's other account representatives a transaction request containing the information outlined in WAC
173-446-430. A second transferor's account representative must submit confirmation of the transaction request to ecology and to all the transferee's account representatives within two calendar days after submission of the original request to ecology.
(b) If the intended transferee wishes to accept the transfer, within three calendar days after the initial transaction request referenced in this subsection, a transferee's account representative must submit to ecology and to the transferor confirmation of acceptance of the transfer.
(c) At each step in the transaction request, the account representative concerned must attest to holding due authorization to complete the transaction for the registered entity, and that the information contained in the transaction request is true, accurate, and complete.
(d) The account representatives involved in the transaction must provide ecology on request and within 10 business days with any additional information concerning the transaction.
(2) Ecology will transfer the compliance instruments unless:
(a) The transfer would result in noncompliance with chapter
70A.65 RCW or this chapter;
(b) Ecology has reasonable grounds to believe that a violation has been committed under chapter
70A.65 RCW in relation to the request; or
(c) The request contains errors, omissions, or is otherwise incomplete.
(3) Transfer refusal.
(a) If ecology refuses to transfer compliance instruments, ecology shall provide notice of the reason for the refusal to all designated account representatives who have taken steps under this regulation with respect to the request.
(b) If ecology refuses to transfer compliance instruments due to errors or omissions in the request, the notice shall identify the errors or omissions or shall include a description of how the request is otherwise incomplete.
[Statutory Authority: RCW
70A.65.220. WSR 22-20-056 (Order 21-06), § 173-446-410, filed 9/29/22, effective 10/30/22.]