STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

State of Connecticut

and

Cascades Boxboard Group

Connecticut LLC

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Trading Agreement

and Order No. 8297

WHEREAS, the Commissioner of Environmental Protection ("Commissioner") and Cascades Boxboard

Group Connecticut LLC ("Respondent") agree that the Commissioner may issue a permit or order to

allow emissions trading in accordance with Section 22a-174-22(j) ofthe Regulations ofConnecticut

State Agencies ("Regulations") as a method of compliance with Section 22a-174-22 ofthe Regulations:

A. At the request and with the agreement of Respondent, the Commissioner finds the following:

1. This Trading Agreement and Order supersedes Trading Agreement and Order 8269 and all

subsequent modifications thereto.

2. Respondent is a corporation that owns and operates a manufacturing facility at 130 Inland

Road, Versailles, Connecticut ("facility").

3. At the facility, Respondent operates the emission unit described in Table 1 below, which is

subject to Section 22a-174-22 ofthe Regulations of Connecticut State Agencies

("Regulations") pertaining to the control of Nitrogen Oxide (NOx) emissions.

4. For the purposes ofthis Trading Agreement and Order, the following definitions shall apply:

a. Allowable Emission Limit (AEL): the applicable NOx emission limit set forth

in Section 22a-174-22(e) or Section 22a-174-22(f) ofthe Regulations

corresponding to the emission unit described in Table 1 ofthis Trading

Agreement and Order

b. Allowance: CAIR NOx Ozone Season allowance originally allocated to a

CAIR NOx Ozone Season unit, as defined in Section 22a-174-22c ofthe

Regulations, located in the State of Connecticut or a NOx allowance

designated specifically for compliance during Ozone Season control periods

and allocated to a CAIR NOx Ozone Season unit located in the State of

Connecticut after the date ofissuance ofthis Trading Agreement and Order.

c. CAIR NOx Ozone Season unit: shall be as defined in Section 22a-174-22c of

the Regulations

d. CEMS: Continuous Emissions Monitoring System

(Printed on Recycled Paper)

79 Elm Street • Hanford. CT 06106-5127

www.cI.gov/dcp

An Equal Opporrtmity Employer
Cascades Boxboard Group

Connecticut LLC 2 Trading Agreement and Order 8297

e. Discrete Emission Reduction Credit (DERC): a unit that was generated and

approved by the Commissioner in accordance with a Trading Agreement and

Order issued by the Commissioner or generated and approved by the

Commissioner in accordance with a protocol submitted and approved pursuant

to Section 22a-174-38 ofthe Regulations. Such unit is equivalent to 1 ton of

NOx emissions and may be used for emissions trading in accordance with

Section 22a-174-22G) ofthe Regulations, subject to the provisions of Part B of

this Trading Agreement and Order.

f. Non-Attainment Area: means the geographic area which has been designated

as nonattainment pursuant to 40 CFR 81 in accordance with the provisions of

42 USC 7407 (Section 107 ofthe Act). Pursuant to 40 CFR 81.307, the

designated ozone non-attainment areas in the State ofConnecticut are: the

Greater Connecticut, CT area and the New York-Northern New Jersey-Long

Island, NY-NJ-CT area.

g. CAIR NATS: "CAIR NOx Ozone Season Allowance Tracking System" as

defined in 40 CFR 96.302.

h. Ozone Season: May 1 through September 30 of each calendar year or such

period as defined by the U.S. Environmental Protection Agency, subsequent to

the issuance ofthis Trading Agreement and Order.

I. Non-Ozone Season: the period of consecutive calendar months between two

successive Ozone Seasons

Table 1

CAIR NOx Ozone Season Unit

UNIT- Fuel Heat Input (MMBtu) Allowable Emission Limit

reg. or permit no. (AEL)-Lbs/MMBtu

PH Boiler No.6 Oil 275 .25

P-170-0003 Nat. Gas 288 .20

5. The Respondent agrees that the actual NOx emissions rate from the emission unit

described in Table I, at times, exceeds the corresponding AEL.

6. Pursuant to Section 22a-174-22(j) ofthe Regulations, Respondent proposes to comply

with Section 22a-174-22(e) ofthe Regulations, when operating the emission unit

described in Table I by means of emissions trading in accordance with the provisions of

this Trading Agreement and Order.

7. The Respondent proposes to use the actual 24-hour average emissions rate measured by

CEMS for the purposes of calculating Actual DERCs/Allowances Required for the

emission unit described in Table I.

The Commissioner, in accordance with Section 22a-174-22(j) ofthe Regulations hereby allows
Cascades Boxboard Group

Connecticut LLC 3 Trading Agreement and Order 8297

Respondent to comply with Section 22a-174-22 ofthe Regulations at the facility through the use

of emissions trading, subject to the provisions ofthis Trading Agreement and Order.

B. With the agreement ofRespondent, the Commissioner, acting under Sections 22a-6, 22a-174, 22a176, and 22a-l77 ofthe Connecticut General Statutes, hereby orders Respondent as follows:

1. Expiration ofthis Trading Agreement and Order: The Respondent may only use emissions

trading, subject to the provisions ofthis Trading Agreement and Order, until the date of

expiration ofthis Trading Agreement and Order. The date of expiration ofthis Trading

Agreement and Order shall be the earlier of:

a. January 1,2013;

b. The date upon which the Respondent demonstrates to the Commissioner's

satisfaction that actual NOx emissions from the emission unit, at all times,

does not exceed the corresponding AEL(s);

c. The date specified in any written notice from the Commissioner stating that the

Respondent is no longer allowed to use emissions trading due to the

Respondent's violation of any provision ofthis Trading Agreement and Order;

or

d. The date specified in any written notice from the Commissioner, notifying the

Respondent that the Commissioner has determined the use of emissions trading

as a compliance option has been further restricted, modified or nullified by:

(i) the promulgation of an Act, Statute, or Regulations; or

(ii) the issuance of a judgment or court order.

2. Respondent shall obtain and use sufficient DERCs and/or Allowances in such a manner as to

comply with Paragraphs B.7 and B.8 ofthis Trading Agreement and Order. All Allowances

used must come from an emission unit that is within the same ozone nonattainment area as the

Respondent. Any Allowances used to comply with this Trading Agreement and Order must

be allocated for the control period that occurs during the same year those allowances are used

for compliance with this Trading Agreement and Order. All DERCs used during the Ozone

Season for the emission unit described in Table 1, shall have been generated during an Ozone

Season.

3. Prior to using Allowances in accordance with Paragraphs B.7 and B.8 ofthis Trading

Agreement and Order the Respondent shall obtain a General Account or Compliance Account

in the CArR NATS.

4. Vintage Restriction. For the purposes of compliance with Section 22a-174-22 ofthe

Regulations and the provisions ofthis Trading Agreement and Order, DERCs shall only

remain valid for five (5) calendar years from the year ofthe generation ofsuch DERCs.

DERCs older than five (5) calendar years from their creation are not valid for use for

compliance with Section 22a-174-22 ofthe Regulations and the provisions ofthis Trading
Cascades Boxboard Group

Connecticut LLC

Agreement and Order

4 Trading Agreement and Order 8297

5. Ozone Season Fuel Use Restriction: Notwithstanding the provisions ofParagraph B.2 ofthis

Trading Agreement and Order, when operating the emission unit described in Table I during

the Ozone Season, the Respondent shall operate the unit while firing or co-firing the lowest

NOx emitting fuel type or combination offuel types that the unit is authorized to burn in

accordance with Departmental permit, registration, or applicable regulation.

6. Notwithstanding Paragraph B.5 ofthis Trading Agreement and Order, during the Ozone

Season, the Respondent may operate the emission unit described above on fuels that result in

higher emissions ofNOx, if either:

a. the availability offuel oil that complies with Paragraph B.5 is inadequate to meet

the needs ofresidential, commercial and industrial users in this state and that such

inadequate supply constitutes an emergency; or

b. the supply of gaseous fuels to the emission unit is interrupted due to inadequate

supply or in accordance with an interruptible supply agreement between the

Respondent and the gaseous fuel supplier.

7. DERC/Allowance Use. On the first day of each calendar month, the Respondent shall possess

a quantity ofDERCs and/or Allowances that equals or exceeds the quantity of Actual DERCs

Required and/or Actual Allowances Required in that month. Compliance with Paragraph B.7

ofthis Trading Agreement and Order shall be determined as follows:

a. Before the first day of each month, Respondent shall estimate DERCs and/or

Allowances required for such calendar month for the emission unit described in

Table 1 as follows:

Estimated DERCs/Allowances Reguired =

{(Estimated fuel use in MMBtu) x ((Estimated 24-hr average emission rate lb/mmbtu)-

(0.95 x AEL))}+2000 Ibs/ton

Where:

• AEL = Allowable Emission limit, as defined in Paragraph A.4 ofthis

Trading Agreement and Order

• Discount (0.95) = 5% design margin applied to the AEL.

b. No later than the twentieth day of each month, Respondent shall calculate actual

DERCs and/or Allowances used in the preceding calendar month for the emission

unit described in Table 1 as follows:
Cascades Boxboard Group

Connecticut LLC 5 Trading Agreement and Order 8297

Actual DERCs/Allowances Required =

2: {(Daily fuel use MMBtu) x ((actual 24-hr average emission rate Ib/mmbtu) - (0.95 x AEL»} .;- 2000

Ibs/ton

For all days in the month where actual 24-hr average emissions rate> AEL

8. Non-Ozone Season DERC/Allowance Use. In addition to the requirements ofParagraph B.7

ofthis Trading Agreement and Order, on the first day of each Non-Ozone Season, the

Respondent shall possess a quantity of DERCs and/or Allowances that equals or exceeds the

quantity ofNon- Ozone Season Actual DERCs/Allowances Required for that Non-Ozone

Season. Compliance with Paragraph B.8 ofthis Trading Agreement and Order shall be

determined as follows:

a. Before the first day of each Non-Ozone Season, Respondent shall estimate DERCs

and/or Allowances required for that Non- Ozone Season for the emission unit

described in Table I based on the average actual NOx emission rate from the

emission unit and an emission limit of 0.1 5 Ib/mmbtu as follows:

Estimated Non-Ozone Season DERCs/Allowances Required =

{(Estimated Non-Ozone Season fuel use in MMBtu) x ((estimated average NOx Emission Rate

Ib/mmbtu) - (0.95 x 0.15 Ib/mmbtu»}.;- 2000 Ibs/ton

b. No later than thirty (30) days after the end of each Non-Ozone Season, the

Respondent shall calculate Actual Non-Ozone Season DERCs and/or Allowances

used during that Non-Ozone Season for the emission unit as follows:

Actual Non-Ozone Season DERCs/Allowances Required =

{(Actual Non-Ozone Season fuel use in MMBtu) x ((Non-Ozone Season Average Actual NOx

Emission Rate lb/mmbtu) - (0.95 x 0.15 Ib/mmbtu»}.;-2000 lbs/ton - 2:( DERCS and/or

Allowances Required for all months ofthe Non-Ozone Season calculated pursuant to Paragraph

B.7)

9. On or before January 3I of each calendar year, the Respondent shall deduct a quantity of

DERCS from the current balance of DERCs possessed by the Respondent and/or transfer a

quantity ofAllowances from the Respondent's NOx General and/or Compliance Accounts to

the CT State NOx Retirement Account (Account ID CT0000000300 in the CAIR NATS) such

that the total is equal to the sum of Actual DERCs/Allowances Required pursuant to

Paragraph B.7 ofthis Trading Agreement and Order for the preceding calendar year, rounded

up to the nearest whole ton.

10. Not more than thirty (30) days after the completion ofthe Non-Ozone Season, the Respondent

shall deduct a quantity ofDERCS from the current balance ofDERCs possessed by the
Cascades Boxboard Group

Connecticut LLC 6 Trading Agreement arid Order 8297

Respondent and/or transfer a quantity ofAllowances from the Respondent's NOx General

Account to the CT State NOx Retirement Account (Account ID CT0000000300 in the CAIR

NATS) such that the total is equal to Actual Non-Ozone Season DERCs/Allowances Required

for the most recently completed Non-Ozone Season. Notwithstanding the control period

limitations of Paragraph B.2 ofthis Trading Agreement and Order, Allowances used to

comply with this Paragraph for a Non-Ozone Season must have been originally allocated for

the control periods that correspond to the same calendar years within that Non-Ozone Season.

II. Doubling: Ifthe Actual DERCs/Allowances Required for any month, determined in

accordance with Paragraph B.7, exceeds the quantity ofDERCs and/or Allowances in the

Respondent's possession on the first day ofthat month, then in addition to the deduction or

transfer specified in Paragraphs B.9, the Respondent shall deduct a quantity ofDERCs from

the current balance ofDERCs possessed by the Respondent and/or transfer a quantity of

Allowances from the Respondent's NOx General and/or Compliance Accounts to the CT

State NOx Retirement Account (Account ID CT0000000300 in the CAIR NATS) such that

the total is equal to Actual DERCs/Allowances Required for that month. Such additional

DERC deduction or Allowance transfer shall be performed at the same time as the DERC

deduction or Allowance transfer specified in Paragraph B.9 ofthis Trading Agreement and

Order.

Ifthe Actual DERCs/Allowances Required for any Non-Ozone Season, determined in

accordance with Paragraph B.8, exceeds the quantity of DERCs and/or Allowances in the

Respondent's possession on the first day ofthat Non-Ozone Season, then in addition to the

deduction or transfer specified in Paragraphs B.l 0, the Respondent shall also deduct a

quantity ofDERCs from the current balance ofDERCs possessed by the Respondent and/or

transfer a quantity ofAllowances from the Respondent's NOx General Account or

Compliance Account to the CT State NOx Retirement Account (Account ID CT0000000300

in the CAIR NATS) such that the total is equal to Actual Non-Ozone Season

DERCs/Allowances Required for the most recently completed Non-Ozone Season. Such

additional DERC deduction or Allowance transfer shall be performed at the same time as any

DERC deduction or Allowance transfer specified in Paragraph B.l 0 ofthis Trading

Agreement and Order.

Notwithstanding the provisions of Paragraph B.ll ofthis Trading Agreement and Order, any

violation of Paragraphs B.7 and B.8 ofthis Trading Agreement and Order may be subject to

additional enforcement action as may be deemed appropriate by the Commissioner in

accordance with the Department's enforcement response policy.

12. At the end of each calendar year, the Respondent shall demonstrate that any Allowances used

for compliance with this Trading Agreement and Order during the year are surplus,

quantifiable, enforceable and permanent. This shall be determined by demonstrating that the

actual NOx emissions during the ozone season, as reported to the United States Enviromnental

Protection Agency, from the emission unit to which the Allowances were originally allocated

were equal to or less than the amount ofAllowances allocated to such unit by the State of

Connecticut minus the Allowances used for compliance with this Trading Agreement and

Order.
Cascades Boxboard Group

Connecticut LLC 7 Trading Agreement and Order 8297

13. Maintenance and Tune-up. Not more than 1 year from the date ofissuance ofthis Trading

Agreement and Order, the Respondent shall perform maintenance and inspection ofthe

emission unit listed in Table 1. Such maintenance and inspection shall include, but not be

limited to, the following:

a. Inspect the combustion system, and clean or replace any components ofthe

combustion system as necessary, in accordance with manufacturer's specification

or current good engineering practice;

b. Inspect the system controlling the air-to-fuel ratio, and ensure that it is calibrated

and functioning in accordance with the manufacturer's specifications or current

good engineering practice;

c. Measure the operating parameters ofthe eJTlission unit used to determine that the

emission unit is operating in accordance with manufacturer's specification or

current good engineering practice prior to and after any adjustments are made

during maintenance, tune-up, or inspection activity;

d. Make and keep records including, but not limited to, the following:

I. Demonstration that any maintenance, tune-up, and/or inspection

activity performed on the emission unit described in Table 1 in

accordance with Paragraph B.13 ofthis Trading Agreement and Order

has been performed in accordance with the manufacturer's

specifications or current good engineering practice,

11. The date and a description of any maintenance, tune-up, and/or

inspection activity performed on the emission unit described in Table I

in accordance with Paragraph B.13 ofthis Trading Agreement and

Order,

iii. The name, title and affiliation ofthe person conducting any

maintenance, tune-up, and/or inspection activity performed on the

emission unit described in Table I in accordance with Paragraph B.13

ofthis Trading Agreement and Order,

IV. The operating parameters ofthe emission unit used to determine that

the emission unit is operating in accordance with manufacturer's

specification or current good engineering practice prior to and after any

adjustments are made during maintenance, tune-up, or inspection

activity performed in accordance with Paragraph B.13 ofthis Trading

Agreement and Order.

14. Record Keeping;

a. By the close of each calendar day, the Respondent shall record the actual

24-hour average NOx emission rate for any emission unit equipped with an

approved CEMS and the actual fuel type and the actual quantity of each
Cascades Boxboard Group

Connecticut LLC 8 Trading Agreement and Order 8297

type offuel in units of volume per day or MMbtu per day for each fuel used

on the preceding day in any ofthe emission units described in this Trading

Agreement and Order;

b. On of before the first day of each calendar month, the Respondent shall

record the number ofDERCs and corresponding serial numbers and

vintages for all DERCs in its possession on the first calendar day ofthat

calendar month;

c. On or before the first day of each calendar month, the Respondent shall

record the number ofAllowances and corresponding identification numbers

and allocation control periods for all Allowances in its possession on the

first calendar day ofthat calendar month;

d. On or before the first day of each calendar month, the Respondent shall

record the number of DERCs and corresponding serial numbers, vintages,

purchase/sales dates, and sellerlbuyer for all DERCs purchased or sold

during the preceding calendar month;

e. On or before the first day of each calendar month, the Respondent shall

record the number of Allowances and corresponding identification

numbers, purchase/sales dates, allocation years, and sellerlbuyer for all

Allowances purchased or sold during the preceding calendar month;

f. On or before the first day of each calendar month, the Respondent shall

record the Estimated DERCs/Allowances Required for that calendar month

determined in accordance with Paragraph B.7 ofthis Trading Agreement

and Order;

g. On or before the twentieth calendar day of each calendar month, the

Respondent shall record the Actual DERCs/Allowances Required for the

preceding calendar month determined in accordance with Paragraph B.7 of

this Trading Agreement and Order;

h. On or before the twentieth calendar day of each calendar month, the

Respondent shall record the quantity ofDERCs deducted in accordance

with Paragraphs B.9 and B.Il ofthis Trading Agreement and Order for the

preceding month. Such records shall include the serial number and vintage

of each DERC deducted from the Respondents current balance pursuant to

Paragraphs B.9 and B.Il ofthis Trading Agreement and Order;

I. On or before January 31 of each calendar year, the Respondent shall record

the quantity ofDERCs deducted in accordance with Paragraphs B.9 and

B.ll ofthis Trading Agreement and Order for the preceding month. Such

records shall include the serial number and vintage of each DERC deducted

from the Respondents current balance pursuant to Paragraphs B.9 and B.ll

ofthis Trading Agreement and Order;

j. On or before January 31 of each calendar year, the Respondent shall record

the quantity of Allowances transferred in accordance with Paragraphs B.9
Cascades Boxboard Group

Connecticut LLC 9 Trading Agreement and Order 8297

and B.ll ofthis Trading Agreement and Order. Such records shall include

the identification number and allocation control period of each Allowance

transferred pursuant to Paragraphs B.9 and B.ll ofthis Trading Agreement

and Order;

k. Not more than thirty (30) days after the completion of each Non-Ozone

Season, the Respondent shall record the Non-Ozone Season average NOx

emission rate for the emissions unit described in Table 1, the quantity

DERCs and/or allowances possessed on the first day ofthe Non-Ozone

Season, the quantity of DERCs deducted and/or Allowances transferred in

accordance with Paragraphs B.l 0 and B.ll ofthis Trading Agreement and

Order;

1. For each month ofthe Ozone season, the Respondent shall maintain records

attesting to the fact that any DERCs deducted from its balance in

accordance with Paragraphs B.9 and B.ll ofthis Trading Agreement and

Order satisfY the requirements ofParagraph B.2. Generator certification of

this fact shall be sufficient; and

m. On each day during the ozone season that the Respondent operates in

accordance with Paragraph B.6 ofthis Trading Agreement and Order, the

Respondent shall make and keep Records of all emission unit operation in

accordance with Paragraph B.6 ofthis Trading Agreement and Order,

including copies of any written correspondence from the Respondent's fuel

supplier detailing the duration and circumstances ofthe inadequate fuel oil

supply or interruption of gaseous fuel supply to the emission unit.

15. Respondent shall retain records and supporting documentation required by this Trading

Agreement and Order for a minimum offive years, commencing on the date such records

were created. Respondent shall provide the records specified above to the Commissioner

within thirty (30) days ofreceipt of a written request from the Commissioner. All records

shall be maintained in accordance with Sections 22a-174-4 and 22a-174-22 ofthe

Regulations.

16. Reporting: No later than March 1 of every year after issuance ofthis Trading Agreement and

Order, the Respondent shall submit to the Commissioner a written report containing copies of

all ofthe records required pursuant to Paragraphs B.l4.a - B.14.i, B.l4j., B.l7.l and B.l7.m

ofthis Trading Agreement and Order. Not later than July 30 of each calendar year, the

Respondent shall submit a written report containing copies of all records required pursuant to

Paragraph B.14.k ofthis Trading Agreement and Order. The Commissioner may prescribe

the forms to be used for the submission ofthese reports. The Respondent shall submit these

reports on such forms, if prescribed by the Commissioner.

17. Full compliance. Respondent shall not be considered in full compliance with this Trading

Agreement and Order until all actions required by this Trading Agreement and Order have

been completed as approved and to the Commissioner's satisfaction.

18. Approvals. Respondent shall use best efforts to submit to the Commissioner all documents

required by this Trading Agreement and Order in a complete and approvable form. Ifthe

Commissioner notifies Respondent that any document or other action is deficient, and does
Cascades Boxboard Group

Connecticut LLC 10 Trading Agreement and Order 8297

not approve it with conditions or modifications, it is deemed disapproved, and Respondent

shall correct the deficiencies and resubmit it within the time specified by the Commissioner

or, if no time is specified by the Commissioner, within 30 days ofthe Commissioner's notice

of deficiencies. In approving any document or other action under this Trading Agreement

and Order, the Commissioner may approve the document or other action as submitted or

performed or with such conditions or modifications as the Commissioner deems necessary to

carry out the purposes ofthis Trading Agreement and Order. Nothing in this paragraph shall

excuse noncompliance or delay.

19. Definitions. As used in this Trading Agreement and Order "Commissioner" means the

Commissioner or a representative ofthe Commissioner; The date of "issuance" ofthis

Trading Agreement and Order is the date the Trading Agreement and Order is deposited in

the U.S. mail or personally delivered, whichever is earlier.

20. Dates. The date ofsubmission to the Commissioner of any document required by this

Trading Agreement and Order shall be the date such document is received by the

Commissioner. The date of any notice by the Commissioner underTrading Agreement and

Order, including but not limited to notice of approval or disapproval of any document or

other action, shall be the date such notice is deposited in the U.S. mail or is personally

delivered, whichever is earlier. Except as otherwise specified in this Trading Agreement and

Order, the word "day" as used in this Trading Agreement and Order means calendar day.

Any document or action which is required by this Trading Agreement and Order to be

submitted or performed by a date which falls on a Saturday, Sunday or a Connecticut or

federal holiday shall be submitted or performed by the next day which is not a Saturday,

Sunday or Connecticut or federal holiday.

21. Certification of documents. Any document, including but not limited to any notice, which is

required to be submitted to the Commissioner under this Trading Agreement and Order shall

be signed by the Respondent or, if Respondent is not an individual, by an individual,

employed by the Respondent, who satisfies the criteria set forth in Section 22a-174-2a(a)(l)

ofthe Regulations ofConnecticut State Agencies and by the individual(s) responsible for

actually preparing such document. Each individual who signs documents in accordance with

this Paragraph shall certif'y in writing as follows:

"I have personally examined and am familiar with the information submitted in this

document and all attachments thereto, and I certif'y, based on reasonable investigation,

including my inquiry ofthose individuals responsible for obtaining the information, that

the submitted information is true, accurate and complete to the best ofmy knowledge and

belief. I understand that any false statement made in the submitted information may be

punishable as a criminal offense under Section 53a-157b ofthe Connecticut General

Statutes and any other applicable law."

22. Noncompliance. This Trading Agreement and Order is a final order ofthe Commissioner

with respect to the matters addressed herein, and is nonappealable and immediately

enforceable. Failure to comply with this Trading Agreement and Order may subject

Respondent to an injunction and penalties.
Cascades Boxboard Group

Connecticut LLC II Trading Agreement and Order 8297

23. False statements. Any false statement in any information submitted pursuant to this Trading

Agreement and Order may be punishable as a criminal offense under Section 53a-157b ofthe

Connecticut General Statutes and any other applicable law.

24. Notice oftransfer; liability ofRespondent. Until Respondent has fully complied with this

Trading Agreement and Order, Respondent shall notify the Commissioner in writing no later

than 15 days after transferring all or any portion ofthe facility, the operations, the site or the

business which is the subject ofthis Trading Agreement and Order or after obtaining a new

mailing or location address. Respondent's obligations under this Trading Agreement and

Order shall not be affected by the passage oftitle to any property to any other person or

municipality.

25. Commissioner's powers. Nothing in this Trading Agreement and Order shall affect the

Commissioner's authority to institute any proceeding or take any other action to prevent or

abate violations oflaw, prevent or abate pollution, recover costs and natural resource

damages, and to impose penalties for past, present, or future violations oflaw. If at any time

the Commissioner determines that the actions taken by Respondent pursuant to this Trading

Agreement and Order have not successfully corrected all violations, fully characterized the

extent or degree of any pollution, or successfully abated or prevented pollution, the

Commissioner may institute any proceeding to require Respondent to undertake further

investigation or further action to prevent or abate violations or pollution.

26. Respondent's obligations under law. Nothing in this Trading Agreement and Order shall

relieve Respondent of other obligations under applicable federal, state and local law.

27. No assurance by Commissioner. No provision ofthis Trading Agreement and Order and no

action or inaction by the Commissioner shall be construed to constitute an assurance by the

Commissioner that the actions taken by Respondent pursuant to this Trading Agreement and

Order will result in compliance or prevent or abate pollution.

28. Access to premises. Any representative ofthe Department of Environmental Protection may

enter the without prior notice for the purposes ofmonitoring and enforcing the actions

required or allowed by this Trading Agreement and Order.

29. No effect on rights of other persons. This Trading Agreement and Order neither creates nor

affects any rights of persons or municipalities that are not parties to this Trading Agreement

and Order.

30. No Creation ofProoertv Rights. This Consent Order does not create any property rights with

respect to these DERCs or Allowances.

31. Notice to Commissioner of changes. Within IS days ofthe date Respondent becomes aware

of a change in any information submitted to the Commissioner under this Trading Agreement

and Order, or that any such information was inaccurate or misleading or that any relevant

information was omitted, Respondent shall submit the correct or omitted information to the

Commissioner.
Cascades Boxboard Group

Connecticut LLC 12 Trading Agreement and Order 8297

32. Notification of noncompliance. In the event that Respondent becomes aware that it did not or

may not comply, or did not or may not comply on time, with any requirement ofthis Trading

Agreement and Order or of any document required hereunder, Respondent shall immediately

notifY by telephone the individual identified in the next paragraph and shall take all

reasonable steps to ensure that any noncompliance or delay is avoided or, if unavoidable, is

minimized to the greatest extent possible. Within five (5) days ofthe initial notice,

Respondent 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 of

the Commissioner, dates by which compliance will be achieved, and Respondent shall

comply with any dates which may be approved in writing by the Commissioner. Notification

by Respondent shall not excuse noncompliance or delay, and the Commissioner's approval of

any compliance dates proposed shall not excuse noncompliance or delay unless specifically

so stated by the Commissioner in writing.

33. Submission of documents. Any document required to be submitted to the Commissioner

under this Trading Agreement and Order shall, unless otherwise specified in this Trading

Agreement and Order or in writing by the Commissioner, be directed to:

Supervisor

Administrative Enforcement Group

Engineering and Enforcement Division

Bureau ofAir Management

Department ofEnvironmental Protection

79 Elm Street, 5th Floor

Hartford, Connecticut 06106

(860) 424-3702
Cascades Boxboard Group

Connecticut LLC 13 Trading Agreement and Order 8297

Respondent consents to the issuance ofthis Trading Agreement and Order without further notice. The

undersigned certifies that he/she is fully authorized to enter into this Trading Agreement and Order and

to legally bind Respondent to the terms and conditions ofthe Trading Agreement and Order.

/V/!!_

Signature:__--'~'-""'---'=----=--~----

Type Title: GGclE7?4-L..--- A14Mf-66!.-

Date: o-/hol OOZNO

Issued as a final consent order ofthe Commissioner ofthe Department of Environmental Protection.

G e, Director

Eng· eering & Enforcement Division

Bureau ofAir Management

TOWN OF SPRAGUE

MAILED CERTIFIED MAIL,

RETURN RECEIPT REQUESTED

Certified Document

os - 05 - ..:u:, '0

Date