# STATE OF CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matterof
The State ofConnecticut and

Cascades Boxboard Group Connecticut LLC ) ) ) ) ) ) Trading Agreement and OrderNo. 8269

Whereas, the CommissionerofEnvironmental Protection ("Commissioner") and Cascades Boxboard Group Connecticut LLC ("Cascades") agree that it is in the public interestthat they work cooperatively to improve the air quality within the State ofConnecticut and that the use of discrete emission reduction credit ("DERC") trading to reduce nitrogen oxide ("NOx") emissions will achieve this result in atimely and cost-effective manner.
A. At the request and with the agreement ofCascades, the Commissioner finds the following:

1. Cascades is a corporation that on or aboutJuly 17, 2006, will purchase from Sprague Paperboard, rnc., and will own and operate the manufacturing facility at 130 Inland Road, Versailles, Connecticut ("facility").

2. At the facility, Cascades will operate fuel-burning equipmentthat consist ofaBudget Source Babcock and Wilcox natural gas and/orNo.6 fuel oil fired PFr steamboiler ("PFI boiler") and aNon-budget Source Babcock and Wilcox natural gas fired FM steam boiler ("FM boiler"), which are subjectto Section 22a-174-22 ofthe Regulations ofConnecticut State Agencies ("Regulations").

3. Cascades monitors NOx emissions from the PFrboiler using a continuous emissions monitoring system ("CEM"), certified in accordance with 40 Code ofFederal Regulations ("CFR") Part 75.

4. When burning natural gas orNo.6 fuel oil in the PFrboiler, Cascades exceeds the allowable NOx emissions limits specified in Section 22a-174-22 (e) ofthe Regulations.
5. Pursuant to Section 22a-174-22(j) ofthe Regulations, during the non-ozone season, Cascades intends to acquire and use approved DERCs until May 1, 2009 for the PFr boiler at the facility. Pursuantto Section 22a-174-22(j) ofthe Regulations, during the ozone season, Cascades intends to acquire and use approved discrete emission reduction credits ("DERCs") and/or Budget discrete emission reduction credit ("BDERCs") until May 1, 2009 for the PFrboiler at the facility in accordance with this Trading Agreement and Order.

( Printed on Recycled Paper) 79 Elm Street • Hartford. CT 06106
- 5127 An Equal Opportunity EmployerCascades Boxboard Group ConnecticutLLC 2 Trading Agreement and OrderNo. 8269

6. Official U.S. Environmental Protection Agency ("EPA") Method 7E emission tests performed on the FM boiler showed that NOx emissions rates were as follows:

Table 1 Cascades- FM and PFI Boiler NOx Emission Rates and Allowable Limits in pounds per million Britisb thermal units ("lbsIMMBtu") Unit: DEP Fuel Heat Emission Generation Allowable Date of Next

Permit! Input Rate FLER Limits Emission Emission Registration # Test Test Due FM Boiler Nat. Gas 70 0.11 0.13 0.20 5/10/01 7IJ7/06 P-170-001 PFI Boiler No.60il 275 CEM N/A 0.25 N/A N/A R-170-003 Nat. Gas 288 CEM N/A 0.20' N/A N/A

'Orthe proportioned allowable limit, pursuant to Section 22a-I74-22(f)(2)(A) of the Regulations when burning both natural gas and No.6 fuel oil simultaneously.

8. Pursuant to Section 22a-I74-22(j) ofthe Regulations, Cascades intends to generate approvedDERCs from the FM boiler until May 1, 2009 using afull load emission rate ("FLER") of0.13 IbslMMBtu as shown in Table 1 ofthis Trading Agreement and Order.
9. When properly documented by Cascades, and approved by the Commissioner, the emission reductions from the FM boileridentified above, and as computed in accordance with the terms ofthis Trading Agreement and Order, will conform to the requirements ofSection 22a-I74-22(j)(3) ofthe Regulations. Specifically, the reductions will be:

Real because they will result in a reduction ofactual emissions released into the air, net ofany consequential incr.ease in actual emission resulting from shifting demand. The emission reductions will be properly measured, recorded, and reported.

Ouantifiable because they are based on Department witnessed emission testing as applied in an appropriate reliable and replicable protocol and periodic re-testing. Surplus because they are not required by any Connecticut statute orregulation mandated by a current State Implementation Plan ("SIP"), and are not currently relied upon in any applicable attainment plan, any reasonable further progress plan or milestone demonstration.

Permanent because the 10w-NOx burners will be in place and operating, and an appropriate tracking system is in place to monitor all data required to verify and quantify the creation ofDERCs.
Enforceable because the DERCs are approved by the Commissionerretrospectively after the submission by Cascades ofareport that documents theircreation.**.------------------------------------------~----~**

Cascades Boxboard Group ConnecticutLLC 3 Trading Agreement and OrderNo. 8269

B.l. The Commissioner, in accordance with the provisions ofthis Trading Agreement and Order, pursuant to Section 22a-174-22(d)(3) ofthe Regulations, hereby allows Cascades and approved sources within Connecticut to use NOx DERCs generated by Cascades which have been approved by the Commissioner. These DERCs may be used for the purposes ofcompliance under Section 22a-174-22(j) ofthe Regulations, to achieve a portion ofthe nitrogen oxide emission reductions required.

B.2. The Commissioner, in accordance with the provisions ofthis Trading Agreement and Order, pursuant to Section 22a-174-22(j) ofthe Regulations, hereby allows Cascades to:

a. Comply with Section 22a-174-22(d) ofthe Regulations through use ofDERCs, BDERCs and/or allowance trading;

b. Use ozone season BDERCs in accordance with this Trading Agreement and Order; and

c. Upon sufficient documentation as prescribed in this Trading Agreement and Order, generate additional DERCs. Upon issuance ofan addendum to this Trading Agreement and Orderthe Commissionermay approve the generation ofadditional DERCs by Cascades retrospectively. Approved DERCs generated by Cascades may be held by Cascades or transferred to otherpersons in accordance with this Trading Agreement and Order.

C. With the agreement ofCascades, the Commissioner, acting under Sections 22a-6, 22a171, 22a-174, 22a-176, and 22a-l77 ofthe Connecticut General Statutes, hereby orders Cascades as follows:

1. Upon issuance ofthis Trading Agreement and Order, Cascades may generate approved DERCs from the FM boileras allowed under this Trading Agreement and Orderuntil May 1,2009.
2. Upon issuance ofthis Trading Agreement and Orderuntil Cascades achieves permanent compliance with the emission standard in Section 22a-174-22(e) ofthe Regulations orby May 1, 2009 for the PFI boiler and FM boiler, whichever occurs earlier, Cascades shall comply with Section 22a-174-22 ofthe Regulations through emission reduction trading in accordance with the following:

a. Cascades shall use approved**DE~Cs** as required under this Trading Agreement and Order;Cascades Boxboard Group ConnecticutLLC 4 Trading Agreement and OrderNo. 8269

b. Cascades shall have in its possession sufficient approved DERCs, BDERCs,
or allowances to meet applicable NOx emission limits as allowed under this Trading Agreement and Order;

c. Cascades shall comply during the operation ofthe FM boiler with the FLER shown in Table 1 in accordance with this Trading Agreement and Order; and
d. Cascades shall not bum No.6 fuel oil in the FM boiler.
3. FM BoilerDERC Generation. Until May 1,2009, when burning natural gas in the FM boiler at the facility, Cascades shall calculate the amount ofDERCs generated as follows:
DERCs (tons) Generated = {[(PM boilernatural gas heat input in MMBtu) x (allowable limit in IbslMMBtu

- FLER limit in IbsfMMBtu)] -;. 2000 Ibsfton} x (0.90) x (0.90)
Where:

• 

### •

• • FLER for the FM boiler = generation FLER shown in Table 1. Allowable limit = allowable limitrate for natural gas shown in Table 1 of this Trading Agreement and Order. Discount (0.90) (0.90) - A discount factor often (10) percent for the benefit ofthe environment and another ten (10) percent for the uncertainty ofusing one emission test every five years in lieu ofCEMs, shall be applied to all DERCs (tons) as calculated on amonthly basis.
Fuel heating value

- 1050Btufcffor natural gas. a) In requesting DERC approval for credits generated, Cascades shall provide documentation containing a sample spreadsheet with calculation formulas used to determine reported numbers, monthly operating reports ofdaily actual fuel usage including the BTU content and the number ofcubic feet used based on heat input, daily actual NOx mass emissions and NOx emission rates (24-hour average), number ofoperating hours per day, and DERCs generated using the allowable emission rate(s) in accordance with this Trading Agreement and Order, net ofthe applicable environmental and potential uncertainty discounts. b) Requests for approval ofall DERCs generated by Cascades under this Trading Agreement and Order shall be submitted in writing to the Commissioner. Such requests shall be compiled on amonthly or seasonal basis and shall be submitted at least on an annual basis. ApprovedDERCs generated by Cascades under this Trading Agreement and Ordermay be held ortransferred to otherpersons and shall remain valid until they are used oruntil their vintage expiration date, whichever occurs first. Should Cascades choose to generate additional DERCs, reports documenting these DERCs shall be submitted to the Commissioneron an ozone season, non-ozone season (January through AprilCascades Boxboard Group Connecticut LLC 5 Trading Agreement and OrderNo. 8269

and/or Octoberthrough December), or annual basis. Such reports shall be compiled on amonthly basis and shall be submitted at least on an annual basis.

4. If at any time during the period while this Trading Agreement and Orderremains in effect, Cascades has reason to believe it may be exceeding the FLER limit shown in Table 1 ofthis Trading Agreement and Order, Cascades shall conduct NOx emissions testing ofthe PM Boilerwithin sixty (60) days after the discovery ofthe potential exceedance in accordance with the following: Cascades shall submit to the Commissionerfor his review and written approval an Intent-To-Test ("ITT") protocol not less than thirty (30) days priorto the emissions testing required pursuant to thisraragraph ofthis Trading Agreement and Order. The ITT protocol shal include at least:

I.

II.

Ill.

IV.

v.

vi.

VII. The DepartmentofEnvironmental Protection's Bureau ofAir ManagementTestForm No.1, "Intent to Test"; System operating parameters indicative ofthe highest operating rate since the previous emissions test, including, but not limited to: steam output rate, temperature and pressure, fuel firing rate, and NOx emissions rate.
The ITT protocol shall provide that Cascades shall perform testing as specified in Sections 22a-174-5 and 22a-174-22 ofthe Regulations, including operating the FM boiler at not less than ninety percent (90%) ofits maximum rated capacity limit orhighest operating rate since its last/previous emissions test, whichever IS higher. Cascades shall perform all testing required by paragraph C.4. in accordance with the approved ITT protocol.
In conducting and performing the testing required by paragraph CA. and in analyzing the results ofsuch testIng, Cascades shall adhere to methods specified in Sections 22a-174-5 and 22a-174-22 ofthe Regulations and as ap,proved by the United States Environmental Protection Agency (' EPA") and the Commissioner. Cascades shall schedule all emissions testing so as to allow the Commissionerto be present during such testing and to independently verify facility operations, airpollution control equipmentparameters, and testing procedures. Within 30 days after completing any emissions testing required by this Trading Agreement and Order, Cascades shall submit to the Commissioner a written report providing the results ofsuch testing; within 15 days ofanotice from the Commissionerindicating any deficiencies in such report, Cascades shall submit arevised report.
5. PH BoilerDERCs and BDERCs Use. Until May 1,2009, before the first day of each month, and beginning on October 1, 2006, also before the first day ofeach
non-ozone season, Cascades shall have in its possession sufficient approved DERCs for the PH boiler based on the following:<;:ascades Boxboard Group ConnecticutLLC 6 Trading Agreement and OrderNo. 8269

a. At all times: Before the first day ofeach month, calculate projected DERCs required for that calendarmonth as follows:
Estimated DERCs (tons) = {[estimated 24-hourNOx emission rate in IbslMMBtu

- «0.95) x (24-hour NOx allowable emission limitin Table 1 or proportioned emission rate calculatedpursuant to Section 22a-174- 22(f)(2)(A) ofthe Regulations in IbslMMBtu))] x (Estimated fuel use in MMBtu)} + 2000 pounds/ton.
No laterthan the twentieth day ofeach month, Cascades shall calculate and permanently retire DERCs used in the preceding calendar month, as follows:

I. Forthe PFI boiler on each day, determine whether the 24-hour average actual NOx emission rate* is greaterthan the NOx allowable limit in Table 1 above.

11. When the PFI boilerhas a24-hour actual NOx emission rate exceeding the NOx allowable limit, calculate and permanently retire the amount of DERCs used, as follows:
Actual DERCs (tons) = {[(24-hour average actual CEM-recorded NOx emission rate in IbslMMBtu*)

- «0.95) x (NOx allowable emission limitin IbslMMBtu in Table 1
orproportioned emission rate calculatedpursuant to Section 22a-174-22(f)(2)(A) ofthe Regulations in IbslMMBtu))] x (actual fuel use in MMBtu)} -;. 2000 pounds/ton.
*This rate shall be calculatedpursuant to the methodology described in 40 CFR Part 75.

111. With the exception ofBDERCs, excess DERCs from previous months can be applied to subsequent months. BDERCs are subject to the limitations set forth in paragraph C.6 ofthis Trading Agreement and Order.
b. During the non-ozone season: In addition to meeting the 24-houremission limit in Table 22-1 of Section 22a-174-22 ofthe Regulations, Cascades shall meet anon-ozone season emission limit of0.15 IbslMMBtu. Priorto October 1, 2006, October 1, 2007 and October 1, 2008, Cascades shall estimate and acquire the amount ofDERCs or allowances required for such nonozone season needed to comply with Section 22a-174-22(e)(3) ofthe**~ascades** Boxboard Group ConnecticutLLC

Regulations as follows: 7 Trading Agreement and OrderNo. 8269

Estimated DERCs (tons) 

## =[Estimated maximum fuel use in MMBtu from October 1 through April 30 x (lowerofthe estimated seasonal average NOx emission rate or the proportioned 24-hour allowable emission limit calculatedpursuant to Section 22a-174- 22(f)(2)(A) ofthe Regulations in IbslMMBtu during October 1 through April 30

- (0.95 x 0.15 IbslMMBtu))] .;- 2000 pounds/ton.

No laterthan May 31, 2007, May 31, 2008, and May 31, 2009, in addition to the DERCs retired pursuantto paragraph C.5.a. ofthis Trading Agreement and Order, Cascades shall calculate and permanently retire DERCs used in the preceding non-ozone season as follows:

Actual DERCs (tons) 

## =[Actual fuel use in MMBtu from October I through April 30 x (lower ofthe actual seasonal average CEM-recorded NOx emission rate orthe proportioned 24-hour allowable emission limit calculated pursuant to Section 22a-174- 22(f)(2)(A) ofthe Regulations in IbslMMBtu during October I through April 30

- (0.95 x 0.15 IbsIMMBtu))] .;- 2000 pounds/ton.

c. When the daily ornon-ozone season CEM-recorded NOx emission rate is used to calculate DERCs used by the boiler, Cascades shall include missing data calculated in accordance with missing data substitution procedures under40 CPR Part 75.

6. BDERCs shall only be used by otherNOx Budget Program sources located in Connecticut. BDERCs shall only be used to offset ozone season excess emissions, and shall not be used for compliance during the non-ozone season. BDERCs generated during a given year shall only be used through the following ozone season. BDERCs are subject to all DERC requirements set forth in this Trading Agreement and Orderexcept for those requirements pertaining solely to non-ozone season DERCs and as otherwise may be provided.

7. Cascades shall make and keep records of: daily fuel use and fuel type; the 24-hour actual NOx emission rate; starting on October 1, 2006 non-ozone season average NOx emission rates; the number ofoperating hours per day; the numberofinvalid data hours ofthe total operating hours per day; the numberofDERCs created and used each day in accordance with the appropriate emission rates and limits in this Trading Agreement and Order; the numberofDERCs in its possession and purchased (by serial numberifassigned) each month; the number ofDERCs used during the ozone and non-ozone season (by serial numberifassigned); as well as,------------------------------_._----_._----

.Cascades Boxboard Group ConnecticutLLC 8 Trading Agreement and OrderNo. 8269

documentation attesting to the fact that approved DERCs used during the ozone season were generated during the ozone season. Generatorcertification ofthis fact shall be sufficient. Cascades shall maintain and submit such records to the Commissionerin accordance with Section 22a-174-22 ofthe Regulations.

8. Record Keeping. Cascades shall retain records and supporting documentation as described in this Trading Agreement and Orderfor a minimum offive years, commencing on the date such records were created. Cascades shall provide the records specified above to the Commissionerwithin thirty (30) days ofreceipt ofa written request from the Commissioner.

9. Reporting

a. Annual DERC Report. No laterthan March 1 ofevery year afterissuance ofthis Trading Agreement and Order, Cascades shall submit in writing to the Commissioner, arecord ofeach sale orothertransfer ofDERCs generated pursuant to this Trading Agreement and Orderfor the previous calendar year. Cascades shall also include actual NOx emissions from each boiler and the amount ofall DERCs used (including serial numbers (ifassigned) and approved DERCs generated and/or purchased from otherfacilities), generated and/or approved for the previous calendar year. These reports shall be on a form prescribed by the Commissionerand shall be in monthly increments, and for each boilerby ozone and non-ozone seasons.
b. Starting on October 1, 2006: No laterthan July 30 ofevery year after issuance of the Trading Agreement and Order, Cascades shall submit in writing to the Commissionerthe non-ozone season fuel consumption and amount ofall DERCs used (including serial numbers (ifassigned) and approved DERCs purchased from otherfacilities for the PFr boilerduring the previous Octoberthrough April time period. These reports shall be on forms prescribedby the Commissioner.

10. Allowance Use. Pursuant to Section 22a-174-22(d)(3) ofthe Regulations, Cascades may use NOx allowances, pursuantto Section 22a-174-22(j) ofthe Regulations to achieve all or aportion ofthe reductions required by Section 22a-174-22 ofthe Regulations. Any NOx allowance used for compliance with Section 22a-174-22(e) of the Regulations shall be subject to all restrictions and/orrequirements applicable to DERCs contained in this Trading Agreement and Order. Each allowance used for compliance with Section 22a-174-22 ofthe Regulations shall be equivalent to one DERC and shall be deducted from Cascades's NOx Budget Program compliance account upon such use. Allowances shall be considered used for compliance with Section 22a-174-22 ofthe Regulations when they are transferred from the facility's compliance account or overdraft account to aState ofConnecticutNOx allowance retirement account, account ID CT0000000300 in the NOx Allowance Tracking System (NATS)..Cascades Boxboard Group Connecticut LLC 9 Trading Agreement and OrderNo. 8269

11. DERC Shortfall. At a minimum, DERCs required shall be adjusted upwards by 100% ifDERCs are not in Cascades's possession for use priorto the first day ofeach month or applicable season. However, nothing in this Trading Agreement and Order shall affect the Commissioner's authority to institute any proceeding ortake any other action to require additional upward adjustment, based on the gravity ofany alleged noncompliance orviolation oflaw. Cascades shall permanently retire the quantity ofDERCs equivalent to the excess emissions plus a 100% premium within sixty (60) days ofCascades's discovery ofthe DERC shortfall. Cascades shall certify and report any such DERC retirement to the Commissionerin accordance with paragraph C.33 ofthis Trading Agreement and Order.

12. Vintage Restriction. Forthe purposes ofcompliance with Section 22a-174-22 ofthe Regulations, DERCs/allowances shall only remain valid for five (5) calendar years from the year ofthe generation/allocation ofsuch DERCs/allowances. DERCs/allowances generated/allocated more than five (5) calendar years ago are not valid for use for compliance with Section 22a-174-22 ofthe Regulations. Notwithstanding the above the DERCs/allowances shall no longerbe valid for the purposes ofcompliance with Section 22a-174-22 ofthe Regulations on or afterMay 1,2009.
13. FLER Exceedance. Noncompliance with an establishedFLER shall subject Cascades to make restitution by matching the quantity ofemissions ("true up") caused by the exceedance plus a 100% premium. The true up in tons of DERCs shall be equal to the FLER exceedance in IbslMMBtu, multiplied by the total heat input during the period ofnoncompliance divided by 2000 lbs/ton. Ifthe period ofnoncompliance is not known, the time period from the completion ofthe last/previous Commissionerwitnessed emission test through the date the FLER compliance is achieved as approved by the Commissioner shall be used. However, nothing in this Trading Agreement and Order shall affect the Commissioner's authority to institute any proceeding ortake any other action to require additional upward adjustment, based on the gravity of any alleged noncompliance or violation oflaw. Cascades shall permanently retire DERCs calculated in accordance with the above plus a 100% premium within sixty (60) days ofCascades's discovery ofthe FLER exceedance. Cascades shall report anyFLER exceedance to the Commissionerin accordance with paragraph C.33 ofthis Trading Agreement and Order.
14. FLER Modification. The FLER setforth in Table 1 ofthis Trading Agreement and Ordermay be modified only afterthe consent ofthe Commissionerby written modification ofthis Trading Agreement and Order.
15. Emissions Testing. Pursuant to Section 22a-174-22(k) ofthe Regulations Cascades shall conduct NOx emission tests ofthe PM boiler at least once every five years commencing from the next emission test due date as provided in Table 1 ofthis Trading Agreement and Order.**~ascades** Boxboard Group ConnecticutLLC 10 Trading Agreement and OrderNo. 8269

16. Extension. No laterthan May 1,2009 with respect to the PFI boiler, Cascades shall comply with the requirements ofSections 22a-174-22(d)(I) and 22a-174- 22(d)(2)(A) ofthe Regulations. No laterthan May 1,2009, with respect to the PM boiler, Cascades shall comply with the requirements ofSection 22a-174- 22(d)(l) ofthe Regulations. There is no assurance that after full program review ofthis and otherTrading Agreements and Orders that the Commissionerwill grant a written extension ofthis Trading Agreement and Order.
17. Future Compliance Report. On orbefore September 1, 2008, Cascades shall submit areport in writing to the Commissioner, as directed in paragraph C.34. ofthis Trading Agreement and Order, indicating how the facility shall comply with Section 22a-174-22 ofthe Regulations with respect to the PFI and PM boilers on and after May 1,2009.
18. Full compliance. Cascades shall notbe considered in full compliance with this Trading Agreement and Order until all actions required by this Trading Agreement and Orderhave been completed as approved and to the Commissioner's satisfaction.
19. Approvals. Cascades shall use bestefforts to submitto the Commissioner all documents required by this Trading Agreement and Orderin a complete and approvable form. Ifthe Commissionernotifies Cascades that any document or other action is deficient, and does not approve it with conditions or modifications, it is deemed disapproved, and Cascades shall correctthe deficiencies and resubmit it within the time specifiedby the Commissioneror, ifno time is specifiedby the Commissioner, within 30 days ofthe Commissioner's notice ofdeficiencies. In approving any document or other action under this Trading Agreement and Order, the Commissionermay approve the document or other action as submitted orperformed or with such conditions ormodifications as the Commissionerdeems necessary to carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall excuse noncompliance or delay.
20. Definitions. As used in this Trading Agreement and Order, "Approved DERCs" are those for which the Commissionerhas provided written authorization for use in compliance with Section 22a-174-22 ofthe Regulations; "Commissioner" means the Commissioneror arepresentative of the Commissioner; "Ozone season" means the period from May 1 through September 30 in any given calendar year; "Non-ozone season" means the period from October 1 through April 30 in any given calendar year.
21. Dates. The date of"issuance" ofthis Trading Agreement and Orderis the date the Trading Agreement and Orderis deposited in the U.S. mail orpersonally delivered, whicheveris earlier. The date ofsubmission to the Commissioner ofany document required by this Trading Agreement and Order shall be theCascades Boxboard Group Connecticut

### LLC 11 Trading Agreement and OrderNo. 8269

date such document is received by the Commissioner. The date ofany notice by the Commissionerunder this Trading Agreement and Order, including but not limited to notice ofapproval or disapproval ofany document or other action, shall be the date such notice is deposited in the U.S. mail oris personally delivered, whicheveris earlier. Except as otherwise specifiedin this Trading Agreement and Order, the word "day" as used in this Trading Agreement and Ordermeans calendarday. Any document or action which is required by this Trading Agreement and Orderto be submitted orperformed by a date which falls on a Saturday, Sunday or a Connecticut orfederal holiday shall be submitted orperformedby the next day which is not a Saturday, Sunday or Connecticutorfederal holiday.
22. Certification ofdocuments. Any document, including butnot limited to any notice, which is required to be submitted to the Commissionerunderthis Trading Agreement and Order shall be signedby Cascades or, ifCascades is not an individual, by an individual who is an authorized representative of Cascades, in accordance with Section 22a-174-2a(a) ofthe Regulations of Connecticut State Agencies, and by the individual(s) responsible for actually preparing such document, and each such individual shall certify in writing as follows:
"I have personally examined and am familiar with the information submittedin this document and all attachments thereto, and I certify, based on reasonable investigation, including my inquiry ofthose individuals responsible for obtaining the information, that the submittedinformation is true, accurate and complete to the best ofmy knowledge andbelief. I understand that any false statement made in the submittedinformation is punishable as a criminal offense under §53a-157b ofthe Connecticut General Statutes and any other applicable law."
23. Noncompliance. This Trading Agreement and Orderis a final order ofthe Commissionerwith respect to the matters addressed herein, and is nonappealable and immediately enforceable. Failure to comply with this Trading Agreement and Ordermay subject Cascades to an injunction and penalties.
24. False statements. Any false statementin any information submittedpursuant to this Trading Agreement and Orderis punishable as acriminal offense under §53a-157b ofthe ConnecticutGeneral Statutes and any other applicable law.
25. Notice oftransfer; liability ofCascades. Until Cascades has fully complied with this Trading Agreement and Order, Cascades shall notify the Commissionerin writing no laterthan 15 days after transferring all or any portion ofthe facility, the operations, the site orthe business which is the subject ofthis Trading Agreement and Order or after obtaining a new mailing
orlocation address. Cascades's obligations under this Trading Agreement and Order shall notbe affected by the passage oftitle to any property to any other person ormunicipality..Cascades Boxboard Group ConnecticutLLC 12 Trading Agreement and OrderNo. 8269

26. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the Commissioner's authority to institute any proceeding ortake any other action to prevent or abate violations oflaw, prevent or abate pollution,
recovercosts and natural resource damages, and to impose penalties for past, present, or future violations oflaw. Ifat any time the Commissioner determines that the actions taken by Cascades pursuant to this Trading Agreement and Orderhave not successfully corrected all violations, fully characterized the extent or degree ofany pollution, or successfully abated or preventedpollution, the Commissioner may institute any proceeding to require Cascades to undertake furtherinvestigation orfurther action to prevent or abate violations orpollution.
27. Cascades obligations under law. Nothing in this Trading Agreement and Order shall relieve Cascades ofother obligations under applicable federal, state and local law.
28. No assurance by Commissioner. No provision ofthis Trading Agreement and Order and no action orinaction by the Commissioner shall be construed to constitute an assurance by the Commissionerthat the actions taken by Cascades pursuant to this Trading Agreement and Order will result in compliance orprevent or abate pollution.
29. Access to facility. Any representative ofthe Department ofEnvironmental Protection may enterthe facility without priornotice for the purposes of monitoring and enforcing the actions required or allowed by this Trading Agreement and Order.

30. No effect on rights ofotherpersons. This Trading Agreement and Order neither creates nor affects any rights ofpersons ormunicipalities that are not parties to this Trading Agreement and Order.
3I. No Creation ofProperty Rights. This Trading Agreement and Orderdoes not create any property rights with respect to those DERCs.
32. Notice to Commissionerofchanges. Within 15 days ofthe date Cascades becomes aware ofa change in any information submitted to the Commissioner under this Trading Agreement and Order, orthat any such information was inaccurate or misleading orthat any relevant information was omitted, Cascades shall submit the correct oromittedinformation to the Commissioner.

33. Notification ofnoncompliance. In the eventthat Cascades becomes aware that it did not ormay not comply, or did not ormay not comply on time, with any requirement ofthis Trading Agreement and Order orofany documentrequired hereunder, Cascades shall immediately notify by telephone the Unitidentified in the next paragraph and shall take all reasonable steps to ensure that any!=ascades Boxboard Group ConnecticutLLC 13 Trading Agreement and OrderNo. 8269

noncompliance ordelay is avoided or, ifunavoidable, is minimized to the greatest extent possible. Within five (5) days ofthe initial notice, Cascades shall submit in writing the date, time, and duration ofthe noncompliance and the reasons for the noncompliance or delay and propose, for the review and written approval ofthe Commissioner, dates by which compliance will be achieved, and Cascades shall comply with any dates which may be approved in writing by the Commissioner. Notification by Cascades shall not excuse noncompliance or delay, and the Commissioner's approval ofany compliance dates proposed shall not excuse noncompliance or delay unless specifically so statedby the Commissionerin writing.
34. Submission ofdocuments. Any document required to be submitted to the Commissionerunder this Trading Agreement and Order shall, unless otherwise specifiedin this Trading Agreement and Order or in writing by the Commissioner, be directed to: Department ofEnvironmental Protection Bureau ofAirManagement Emissions Trading Unit 79 Elm Street Hartford, Connecticut 06106-5127

### :f
. .Cascades Boxboard Group Connecticut LLC 14 Trading Agreement**andOrder~o.** 8269

Cascades consents to the issuance ofthis Trading Agreement and Order without further notice. The undersigned certifies thathe/she is fully authorized to enterinto this Trading Agreement and Order and to legally bind Cascades to the terms and conditions ofthe Trading Agreement and Order.
Cascades Boxboard Group Connecticut LLC.

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Issued as a final order ofthe CommissionerofEnvironmental Protection.

MAILED CERTIFIED MAIL,**RETU~** RECEIPT REQUESTED Certified**Document~o.** 7002 2030 0006 5680 7222