Statutes, codes, and regulations
Pennsylvania Code (Rules and Regulations)
Title 25 - ENVIRONMENTAL PROTECTIONPart I - Department of Environmental ProtectionSubpart C - Protection of Natural ResourcesArticle III - Air ResourcesChapter 145 - INTERSTATE POLLUTION TRANSPORT REDUCTIONSubchapter E - CO[2] BUDGET TRADING PROGRAM
CO[2] ALLOWANCE AUCTIONS
Section 145.401 - Auction of CO[2] allowances

25 Pa. Code § 145.401

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Current through Register Vol. 54, No. 44, November 2, 2024
Section 145.401 - Auction of CO[2] allowances
(a) Except as provided under subsection (b), the Department will participate in a multistate CO2 allowance auction in coordination with other participating states based on the following:
(1) A multistate auction capability and process is in place for the participating states.
(2) The multistate auction can provide benefits to this Commonwealth that meet or exceed the benefits conferred on Pennsylvania through its own Pennsylvania-run auction process.
(3) The multistate auction process is consistent with the process described in §§ 145.401-145.409 (relating to CO2 allowance auctions).
(4) The multistate auction process includes monitoring of each CO2 allowance auction by an independent monitor to identify any collusion, market power or price manipulation.
(b) Should the Department find that the conditions in subsection (a) are no longer met, the Department may determine to conduct a Pennsylvania-run auction in accordance with §§ 145.341-145.343 (relating to Pennsylvania CO2 Budget Trading Program base budget; CO2 allowance allocations; and distribution of CO2 allowances in the air pollution reduction account) and 145.401 -145.409.
(c) The Department may delegate the implementation and administrative support functions for any CO2 allowance auction conducted under §§ 145.401-145.409 to an agent qualified to conduct auctions, including a regional entity, provided that the agent shall perform all functions under the direction and oversight of the Department.
(d) The Department will retain its authority to enforce compliance with all sections of this subchapter and will retain control over the proceeds associated with the sale of Pennsylvania CO2 allowances, whether sold in a multistate or Pennsylvania CO2 allowance auction, and will credit the proceeds to the Clean Air Fund established under the act.

25 Pa. Code § 145.401

This section cited in 25 Pa. Code § 145.302 (relating to definitions); and 25 Pa. Code § 145.409 (relating to approval of auction results).